Terms and Conditions
Agreement between User and Amanda Evanston Inc.
Welcome to www.amandaevanstonlearning.com. The www.amandaevanstonlearning.com website and its affiliated private Facebook groups (the "Site") are comprised of various web pages operated by Amanda Evanston, Inc. ("Amanda Evanston"). www.amandaevanstonlearning.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.amandaevanstonlearning.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.amandaevanstonlearning.com is an E-learning Site that offers online courses and memberships.
Privacy
Your use of www.amandaevanstonlearning.com is subject to Amanda Evanston's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.amandaevanstonlearning.com or sending emails to Amanda Evanston constitutes electronic communications. You consent to receive electronic communications and 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 any other person or entity. You acknowledge that Amanda Evanston is not responsible for third party access to your account that results from theft or misappropriation of your account. Amanda Evanston and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Amanda Evanston Inc. reserves the right to publish any content shared by participants of AmandaEvanstonLearning.com courses or the Insider’s Studio on related social media sites or by using specified social media hashtags for promotional purposes.
Children Under Thirteen
Amanda Evanston 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 www.amandaevanstonlearning.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Online Courses or Classes (e.g. Secret Garden, Leader Blooms, Trees in Four Seasons): Once you purchase an Amanda Evanston Online Course, you have access for one year. There are no refunds for courses purchased.
Workshops: There are no refunds for online workshops.
Amanda Evanston Insider’s Studio and Independent Art Sales Online Mastermind Group (membership groups): The membership groups are monthly membership programs. Members are automatically charged a set amount each month. There are no refunds. If you would like to discontinue your membership, please email [email protected] and the Amanda Evanston, Inc. team will cancel your membership. Your Facebook group and related website access, if applicable, will be revoked shortly after cancellation. There is no pro-rating for the month -- you are in or you are out. If you want to maximize your most recent payment, please email to cancel close to your next payment date (allowing 3 business days for processing). Additionally, if you remove payment information or your method of payment is declined, access the membership group website will cease immediately (if applicable) and Facebook group access will be removed shortly after. If your payment information was declined and you wish to remain in the group, please email [email protected] and your request will be considered by Amanda Evanston, Inc.
Links to Third Party Sites/Third Party Services
www.amandaevanstonlearning.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Amanda Evanston and Amanda Evanston is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Amanda Evanston is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Amanda Evanston of the site or any association with its operators.
Certain services made available via www.amandaevanstonlearning.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.amandaevanstonlearning.com domain, you hereby acknowledge and consent that Amanda Evanston may share such information and data with any third party with whom Amanda Evanston has a contractual relationship to provide the requested product, service or functionality on behalf of www.amandaevanstonlearning.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.amandaevanstonlearning.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Amanda Evanston that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Amanda Evanston or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Amanda Evanston content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Amanda Evanston and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Amanda Evanston or our licensors except as expressly authorized by these Terms.
While you may sell art you've created using methods taught by Amanda Evanston, Inc. via online courses, free content and memberships at www.amandaevanstonlearning.com and affiliated social media accounts you may not teach classes (online or in person) using such methods or share the methodology taught in these classes via another format (e.g. social media post). This includes using an image of art created through an Amanda Evanston Inc. class or course to promote a class or course you are offering. Note: The Chicken Coop Club, which is owned and operated by Amanda Evanston Inc., has its own Terms and Conditions.
International Users
The Service is controlled, operated and administered by Amanda Evanston 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 Amanda Evanston Content accessed through www.amandaevanstonlearning.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Amanda Evanston, 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. Amanda Evanston reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Amanda Evanston in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMANDA EVANSTON, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AMANDA EVANSTON, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMANDA EVANSTON, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMANDA EVANSTON, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMANDA EVANSTON, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Amanda Evanston reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. If you violate the Terms, your access will be revoked immediately and without refund for courses or memberships purchased. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Amanda Evanston as a result of this agreement or use of the Site. Amanda Evanston's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Amanda Evanston's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Amanda Evanston with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Amanda Evanston with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Amanda Evanston with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Amanda Evanston reserves the right, in its sole discretion, to change the Terms under which www.amandaevanstonlearning.com is offered. The most current version of the Terms will supersede all previous versions. Amanda Evanston encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Amanda Evanston welcomes your questions or comments regarding the Terms
Amanda Evanston, Inc.
707 Chicago Ave
Evanston, Illinois 60202
Email Address:
Effective as of February 6, 2020 and revised April 18, 2022 (updated business address)