The terms “we,” “us,” and “our” refer to Modern Soapmaking LLC. The term “Site” refers to www.modernsoapmaking.com. The terms “user,” “you,” and “your” refer to clients, client team members and/or representatives, and any other users of the site.
Use of the Service, including all information and educational materials presented herein by Modern Soapmaking LLC, is subject to the following terms and conditions. These Terms and Conditions apply to all clients and all other users of the site. By purchasing the consultation and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site and Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to starting a soap business and other information are subject to change. Modern Soapmaking makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Modern Soapmaking disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Modern Soapmaking will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Scope of Services
30-Minute Zoom Consultation
- A thirty-minute, live consultation with Kenna on Zoom
- A recording of your session, a summary of what you discussed and your next steps, and links to resources suggested during the session
Appointments are offered on-demand on a first-come, first-served basis and typically book at least a month in advance.
Zoom Consultation services outlined above are hereafter referred to as “the Services” or “Consultation.”
The Services may only be accessed after payment during your scheduled appointment time.
Any additional services provided by Company to the Client may require additional fees to be discussed and agreed upon by the parties.
Compensation: In consideration for the Services provided by us to you as set forth above, you agree to pay us the consultation fee in full at the time of purchase. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees.
Late payment fee. If any fee remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due can be assessed. We reserve the right to restrict your access to the Services or terminate your participation in the Services unless and until all outstanding consultation fees and assessed penalties are paid in full. If your Consultation fees remain unpaid 15 days after the initial due date, your account can be referred to our collections agency.
Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If the client uses a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
Tools to be Provided by You. You agree to provide all tools, information, and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
Additional Client Duties. Service is recommended for existing or past clients but we will allow new clients to apply to purchase Service on a case-by-case basis. You understand that your success in and after the Consultation is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us if needed.
The term of this Agreement shall begin on the date of purchase of the Services or November 2021, whichever is later, and continue until services are complete or you or we terminate your membership.
Cancellation and Refunds
No refunds are allowed under any circumstances. Your purchase of the Services is non-refundable. Modern Soapmaking LLC does not offer cancellation services by our team to protect user data security.
Client will be allowed one opportunity to reschedule for any reason up to 24 hours before their session. Session and payment are forfeited if the client (1) is a no-show or late cancel or (2) cannot make their rescheduled date and time
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or another proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to Modern Soapmaking.
You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Modern Soapmaking remains yours to the extent that you have any legal claims therein. You agree to hold Modern Soapmaking harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Our Intellectual Property
The Site and Service contain intellectual property owned by Modern Soapmaking, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service.
Additionally, Modern Soapmaking is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Modern Soapmaking has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Modern Soapmaking’s cumulative liability to you exceed the total purchase price of the service you have purchased from Modern Soapmaking, and if no purchase has been made by you Modern Soapmaking’s cumulative liability to you shall not exceed $100.
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Modern Soapmaking. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement, Waiver
This Agreement constitutes the entire agreement between you and Modern Soapmaking pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Modern Soapmaking shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Modern Soapmaking.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Modern Soapmaking LLC
297 Dow St
Cobleskill, NY 12043
Governing Law, Venue, Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Schoharie County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.