Terms of Service

Terms of Service

These Terms of Service govern your use of the website located at https://www.mistyblackauthor.com and any related services provided by Misty Black Media LLC or any of its subsidiary brands, including, but not limited to, Berry Patch Press LLC; and subsidiary websites, including, but not limited to: https://www.berrypatchpress.com and https://www.mistyblackmedia.com.

This website provides free education and sells online courses, programs, and memberships intended for authors and business owners to help build and market their businesses and sell their books and other products.

By accessing https://www.mistyblackauthor.com, https://www.berrypatchpress.com, and https://www.mistyblackmedia.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Misty Black Media LLC.

We, Misty Black Media LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication. The most current version of the Terms will supersede all previous versions. Misty Black Media LLC encourages you to review the Terms periodically to stay informed of our updates.

These Terms of Service were last updated on 16 May 2023.


Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

remove any copyright or other proprietary notations from any materials and software on this website;

transfer the materials to another person or “mirror” the materials on any other server;

knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Misty Black Media LLC provides;

use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

use this website or its associated services in violation of any applicable laws or regulations;

use this website in conjunction with sending unauthorized advertising or spam;

harvest, collect, or gather user data without the user’s consent; or

use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.


Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Misty Black Media LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Misty Black Media LLC at any time.


Electronic Communications

Visiting http://www.mistyblackauthor.com or sending emails to info@mistyblackauthor.com or other email addresses owned by Misty Black Media LLC constitutes electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.


Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to another person or entity. You acknowledge that Misty Black Media LLC is not responsible for third party access to your account resulting from theft or misappropriation of your account. Misty Black Media LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.


Children Under Thirteen

Misty Black Media LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.mistyblackauthor.com only with the permission of a parent or guardian.


Cancellation and Refund Policy

Our refund and cancellation policy varies per program, product, or service:

The Get it Written Workshop offers no refunds.

For the Get it Published Program, no refunds will be processed beyond 14 days from the date of purchase.

For the Get it Selling System, no refunds will be processed beyond 14 days from the date of purchase.

Misty Black Media LLC reserves the right to deny a refund and remove access for a student who plagiarizes any material found on https://www.mistyblackauthor.com or any of its subsidiary brands and websites, including, but not limited to: www.berrypatchpress.com and www.mistyblackmedia.com.


Lifetime Access

For all products and courses sold on https://www.mistyblackauthor.com and its subsidiary brands and websites, lifetime access refers to the lifetime of the product, not the lifetime of the user nor the lifetime of Misty Black Media LLC.

The Get it Written Workshop initially launched in March 2022

The Get it Published Program initially launched in June 2022


International Users

The Service is controlled, operated, and administered by Misty Black Media LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through http://www.mistyblackauthor.com or its subsidiary brands and websites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.


Indemnification

You agree to indemnify, defend and hold harmless Misty Black Media LLC, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Misty Black Media LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Misty Black Media LLC in asserting any available defenses.


Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless you and Misty Black Media LLC both agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.


Liability

Misty Black Media LLC and/or its suppliers and subsidiaries make no representations about the suitability, reliability, timeliness, accuracy, and availability of the information, products, services, software, and related graphics contained on this site for any purpose. Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Misty Black Media LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

The information, products, services, and software included in or available through the site may include typographical errors or other inaccuracies. Changes are periodically added to the information herein. Misty Black Media LLC and/or its suppliers and subsidiaries may make improvements and/or changes in the site at any time.

In no event shall Misty Black Media LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Misty Black Media LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, actual or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Misty Black Media LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any resources linked to this website.


Permissions

Misty Black Media LLC reserves the right to use any testimonial posts, communications, videos, images, etc., that you submit on our platform or in our groups, emails, or message applications for use in our marketing.


Personal Responsibility

Upon purchase of any program or product sold by Misty Black Media LLC, the buyer acknowledges the buyer's responsibility in getting results. The buyer's results are entirely the buyer's responsibility, and the results of other customers are not a guarantee of the results the buyer themselves will get.

The viewpoints in the courses and on the Site are those of Misty Black. These views are based on her personal experience gained within the corporate world, education, experiences, and everyday life.

The intention of this site and the courses contained herein is to share what Misty has learned and experienced about writing, publishing, and marketing books, and what has helped her to become a successful author.

All attempts have been made to verify the information provided by this publication. Neither the author nor the publisher assumes any responsibility for errors, omissions, or contrary interpretations of the subject matter herein.

This site and the courses contained herein are for entertainment purposes only. The views expressed are those of the author and should not be taken as expert instruction or advice. The consumer of this site and its courses is responsible for his or her future actions and results. Misty Black Media LLC makes no guarantees of success.

Neither the author nor the publisher assumes any responsibility or liability on behalf of the purchaser or consumer of these materials.


Links

Misty Black Media LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Misty Black Media LLC of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations with respect to the suitability of those sites.


Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.


Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.


Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Utah in the United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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