Digital Course/Digital Product Purchase Terms & Conditions

1. User’s Acknowledgment & Acceptance of Terms

BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND

CONDITIONS:

Throughout these Terms, “we”, “us”, and “our” refer to Michael and Anna Costa Photographers Ltd. dba

Michael and Anna Costa Photography™. Michael and Anna Costa Photography offers this Digital Course/

Digital Product, including all content, information, products, resources, downloads, tools, and services

available from this Site to you, the User, conditioned upon your acceptance of all terms, conditions,

policies, and notices stated here. The terms “user,” “you” and “your” refers to Site visitors, customers, and

any other purchaser of the course(s) and/or digital products.

By visiting this site and/or purchasing a digital product from this site, you engage in our “Service” and

agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and

Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or

available by hyperlink. These Terms apply to all users, including, without limitation, users who are

browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before purchasing and accessing the Digital Course/Digital Product. By

accessing or using any part of the Site/Service, you agree to be bound by these Terms. If you do not

agree to all the terms and conditions of this Agreement, then you may not access the course, digital

product, website, or use any services. By using the Site or Service, you agree to these Terms and

Conditions, without modification, and acknowledge reading them.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or

changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate

page periodically for changes. Your continued use of or access to the Digital Course/Digital Product

following the posting of any changes constitutes acceptance of those changes.

2. PURCHASE TERMS & REFUND POLICY

(a) By agreeing to these Terms, you represent that you are at least the age of majority in your state,

jurisdiction, or province of residence and you have given us your consent to allow any of your minor

dependents to use this Site, if applicable. Children under the age of 18 are prohibited from using the Site

and Digital Course/Digital Product without a parent or guardian’s consent.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site

and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

(b) Refund Policy. Due to the digital nature of our products, we do not offer refunds after purchase. If

you’re not satisfied with your purchase, please share your concerns with us via email at

hello@michaelandannacosta.com and we’ll do our best to make things right.

that all payments are to be made on time based on agreement at the time of purchase. If selected, you

understand that any payment plan offered is NOT a subscription or monthly membership. If there is delay

in payment under the payment plans, Company reserves the right to bill you a late fee of 3% each week,

based on the remaining balance due under the payment plan. We reserve the right to revoke access to

the Digital Course/Digital Product in the event of nonpayment. You understand that regardless of any

default, attempt to request a refund or terminate your purchase after accessing the product(s), you remain

responsible for any remaining payments in the payment plan.

(d) You agree to not dispute any purchase charges with your financial institution at any time. In the event

that you inadvertently dispute a charge made to your account in connection with a purchase made

through this website, you agree to immediately cancel/withdraw such a dispute. You understand that

disputing a charge through your financial institution is a violation of this Agreement and you agree to not

do so. You are responsible for any fees, including attorneys' fees, associated with recouping payment on

outstanding payment and/or disputes and any collection fees associated with such an event. We reserve

the right to forward any default on payment to a collection’s agency.

3. GENERAL CONDITIONS

(a) License Terms. Company agrees to provide access to the Digital Course/Digital Product, “The Brand

Photography Accelerator” (herein referred to as “Digital Product/Course” “Course” “Product” “Digital

Product”) as outlined on the original web page where You register, which may include digital or

downloadable resources, an online course, trainings online in private forums operated by Company (for

any purpose), whether on a website hosted by Company or a third-party website such as an online

course-hosting platform.

As a condition of purchasing access to the Digital Course/Digital Product, you agree to be bound by and

to abide by all policies and procedures set out in this Agreement, including those incorporated by

reference.

Company may periodically make updates to the core content of the Digital Course/Digital Product, and

you will have access to updated materials for as long as Company continues to offer the Digital Course/

Digital Product to its customers, which is what is referred to as “Lifetime Access” in our marketing

materials.

From time to time, the Company may offer bonuses to individuals who sign up for the Digital Course/

Digital Product. You shall be entitled to any bonuses offered to you at the time of your enrollment.

Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary

depending on specific campaigns or promotions throughout any given year.

(b) You expressly agree not to sell, resell, publish, reproduce, duplicate, copy, or exploit any portion of this

Digital Course/Digital Product, the Service provided, the Products provided, use of the Service/Products,

or access to the Service/Products, or any contact on the website through which the service/products are

provided, without express written permission by us.

You also agree to not input or make available the content of this Digital Course/Digital Product to any

artificial intelligence (A.I.) machine or platform used to produce content of any kind. Doing so is

considered infringement and is prohibited under this Agreement.

We are not responsible if information made available on this Site or within the Digital Course/Digital

Product is not accurate, complete, updated, or current. The material on this site is provided for general

informational purposes only and should not be relied upon or used as the sole basis for making decisions,

related to your business, health, finances, or otherwise, without consulting primary, more accurate, more

complete, or more timely sources of information. Any reliance on the material on this Site or within the

purchased Digital Course/Digital Product is at your own risk. We reserve the right to modify the contents

of this site and within the Digital Course/Digital Product at any time, but we have no obligation to update

any information on our site. You agree that it is your responsibility to monitor changes to our site or digital

courses/products.

Site is not legal, financial, therapeutic, mental healthcare or medical advice and Company is not a law

firm. All of the information provided throughout the Site and Digital Course/Digital Product, including the

resources delivered via phone/video conference, e-mail, in an online forum, live events including

webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-

related information, are resources for educational and informational purposes only and should not take

the place of hiring a licensed professional. You understand that Company does not and will not provide

any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice via the Site,

email, or any other form of communication.

Michael and Anna Costa Photography reserves the right to refuse service and terminate accessibility to

the product(s) to anyone for any reason at any time.

You understand that your information (not including payment or credit card information), may be

transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform

and adapt to technical requirements of connecting networks or devices. Payment and credit card

information is always encrypted during transfer over networks.

(d) Third-Party Links. This Digital Course/Digital Product may contain references or links (including

affiliate links) to materials from third-parties. Reference to any third-party products, services, websites,

processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not

constitute or imply endorsement, sponsorship or any formal affiliation with us. We are not responsible for

examining or evaluating the content or accuracy and we do not warrant and will not have any liability or

responsibility for any third-party services, materials or websites, or for any other materials, products, or

services of third-parties. We are not liable for any harm or damages related to the purchase or use of

goods, services, resources, content, or any other transactions made in connection with any third-party

websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to

the third-party.

4. ACCOUNT CREATION

In order to use the Site and/or any products purchased, you may be required to provide information about

yourself including your name, email address, username, password, and other personal information. You

agree that any registration information you give to Michael and Anna Costa Photography will always be

accurate, correct, and up to date. You agree to 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 Site and/or any products purchased, violate any

laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing

(via email) immediately and change your password. Any violation of these terms are grounds for removal

and banishment from the Site at our discretion. No refunds, partial or otherwise, will be provided in this

type of situation.

5. LAWFUL PURPOSES

You may use the Site and/or any products purchased for lawful purposes only. You agree to not post ortransmit through the Site any material which violates or infringes the rights of others, or which is

discriminatory, harmful, racist, unethical, 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. Doing so is grounds for termination of service, at our discretion. No

refunds, partial or otherwise, will be provided in this type of situation.

Infringement Notification. Michael and Anna Costa Photography respects the rights of others and we

expect users of our Sites, Products, and Services to do the same. This Agreement prohibits the

infringement of the copyrights of others, and it is also Company’s policy that Company may remove,

suspend, terminate access, or take other appropriate action against repeat offenders. We may also

remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that

content residing on or accessible through our online forum or Site infringes a copyright which you own or

for which you are a designated agent, please send a notice of infringement by email to

Michael and Anna Costa Photography by both of the following means:

Email: anna@michaelandannacosta.com

In any such notice, please include sufficient information to address the items specified below:

- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are

covered by a single notification, provide a representative list of such works.

- Identify the material that is claimed to be infringing or to be the subject of infringing activity.

Include information reasonably sufficient to permit Michael and Anna Costa Photographers Ltd. to

locate the material.

- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that

you claim to be infringing.

- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

- Include details of your claim to the material, or your relationship to the material’s copyright holder.

- Provide your full name, address, and telephone number should we need to clarify your claim.

- Provide a working email address where we can contact you to confirm your claim.

- If true, include the following statement: “I have a good faith belief that use of the copyrighted

materials described above as the allegedly infringing web pages is not authorized by the

- If true, include the following statement: “I swear, under penalty of perjury, that the information in

the notification is accurate and that I am the copyright owner or am authorized to act on behalf of

the copyright owner to make this complaint.”

- Sign the document, physically or electronically.

6. ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In

the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as

possible: anna@michaelandannacosta.com

7. PRODUCT DESCRIPTION

We endeavor to describe and display the Site and/or any products available for purchase as accurately as possible. While we try to be as clear as possible in explaining the content of our products, 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.

8. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or

services may have limited quantities and are subject to return or exchange only according to our Return

Policy.

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person,

geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the

right to limit the quantities of any products or services that we offer. All descriptions of products or product

pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right

to discontinue any product or service at any time. Any offer for any product or service made on this site is

void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or

obtained by you will meet your expectations, or that any errors in the Digital Course/Digital Product, Site

or Service will be corrected.

9. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our

full Privacy Policy, visit: costaeducation.com

10. OUR INTELLECTUAL PROPERTY

This Site and Service contain intellectual property owned by Michael and Anna Costa Photographers Ltd.,

including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property

as well as the Michael and Anna Costa Photographers Ltd. name, logo, any and all designs, text, graphics,

digital products, other files, and the selection and arrangement of such. You may not modify, publish,

transmit, participate in the transfer or sale of, create derivative works based on, distribute, display,

reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content,

Course and Program Materials, or other intellectual property, in whole or in part without our prior express

and written consent. We reserve the right to immediately remove you from the Site and/or any products

purchased, without refund, if you are caught violating this intellectual property policy.

(a) Michael and Anna Costa Photography™, The Brand Photography Accelerator™, How to Shoot

Lifestyle Brands using our Signature Method that is too Irresistible for Businesses to Ignore™, and The

Brand Photography Blueprint™ are trademarks exclusively owned by Michael and Anna Costa

Photographers Ltd.

(b) No Resale Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any

commercial purposes, any portion of the Site and/or products purchased via the Site (including

educational or informational materials), use of the purchased materials/products, or access to any course

or products purchased. This agreement and all product(s) purchased are not transferrable or assignable

without the Company’s prior written consent.

others. This includes parties that have not purchased the products, or any other third-party that Company

has not authorized access to.

11. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services and products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Digital Course/Digital Product (or any part or content provided) without notice at any time. If discontinued within sixty (60) days of your purchase,

Company agrees to provide a refund.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or

discontinuance of the Product/Service.

12. NO GUARANTEES

(a) We cannot guarantee any outcome of using or consuming the Digital Course/Product, the Services,

and/or participation in any Program. We make no guarantees other than that the Digital Course/Product

described in the Digital Course/Product description shall be reasonably provided to you in accordance

with this Agreement. You acknowledge that Company cannot guarantee any results of the Digital Course/

Product as such outcomes are based on variable factors (including, but not limited to, your participation/

implementation/market conditions/personal circumstances, etc.) that cannot be controlled by Company.

Any testimonials or reviews shared by Company are not a representation of guaranteed or typical results,

only possible results. User not achieving his or her desired results is not grounds for a legal claim or

refund, partial or otherwise.

(b) Company may provide (within the Digital Course/Digital Product, on its website or via email, for

example) third-party affiliate links under which Company may benefit monetarily. Company in no way

guarantees the quality of product or service provided by any third-party and bears no liability with respect

to such service or experience.

13. NON-DISPARAGEMENT

You agree to refrain from making any statements or comments of a defamatory or disparaging nature to

any third-party regarding Company, or any of Company’s officers, directors, employees, personnel,

agents, policies, services or products, other than to comply with law. This provision in no way restricts

your ability to communicate reviews or performance assessments about Company’s goods or services.

14. CONFIDENTIALITY

Your Information. Please refrain from sending Company and its representatives any confidential

information. If there is a group forum included in your purchase (for example, a community forum like a

Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in

any such community with any expectation of privacy or confidentiality.

15. LIMITATION OF LIABILITY & RELEASE OF CLAIMS

You agree that under no circumstances shall Company be liable for direct, indirect, incidental,

consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site,

Service, or Digital Course/Digital Product. Additionally, Michael and Anna Costa Photographers Ltd. 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 Michael and

Anna Costa Photographers Ltd. 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 Michael and Anna Costa

Photographers Ltd.’s cumulative liability to you exceed the total purchase price of the Digital Course/

Digital Product you have purchased from Michael and Anna Costa Photographers Ltd. and/or

macbrandphotos.com and if no purchase has been made by you, Michael and Anna Costa Photographers

Ltd.’s cumulative liability to you shall not exceed $100.

In consideration for accessing the Digital Product/Digital Course, You agree to release Company from

liability and waive your right to sue Company, their employees, officers, volunteers and agents from any

and all claims, including claims of the Company’s negligence, resulting in any physical injury, illness

(including death) or economic loss you may suffer or which may result from your participation or

consumption of this Digital Product/Digital Course or any events incidental to your participation or

consumption of this Digital Product/Digital Course.

16. INDEMNIFICATION

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, attorneys’ fees, arising out of any breach by you of any of these Terms and

Conditions, or any use by you of the Site, Course, Products, 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.

17. CHANGES TO POSTED TERMS

We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice

to you by us posting the new Terms 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 at any time. We will post the most recent versions to the Site and list the effective

dates on the pages of our Terms.

18. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Michael and Anna Costa

Photographers Ltd. pertaining to this Site, Products, 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 Michael and Anna Costa Photographers Ltd. shall be deemed, or shall

constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by

Michael and Anna Costa Photographers Ltd.

19. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and

properly addressed as follows:

Michael and Anna Costa Photographers Ltd.

97 Donald Ave

Thousand Oaks, CA 91320

E-mail address: hello@michaelandannacosta.com

20. GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of

California as applied to contracts that are executed and performed entirely in California. The exclusive

venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ventura

County, California. 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. 21. 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 attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other

relief to which it or they may be entitled.

22. SEVERABILITY

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.

23. ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These

Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any

transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at hello@michaelandannacosta.com

Digital Course/Digital Product Purchase Terms & Conditions

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