Terms of Sale Page

These terms apply to all consumer purchases of the Enlightened Creative products, downloads, and services.

Please read this document carefully.  It contains important information about your rights and obligations, as well limitations and exclusions.  These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.  If you do not agree with these terms, do not order your product.

These Terms of Sale (“Agreement”) apply to your purchase of guidebooks, downloads and/or services and support (together, “Product”) sold in the United States by The Enlightened Creative. You agree to these terms by placing your order. If you have already placed your order and no longer want to be bound to this Agreement then you must either promptly cancel your order on the Shop page before you download it. Please act promptly and note that these options may carry cancellation fees. 

This is a binding agreement. As an Agreement between The Enlightened Creative and yourself, it may NOT be altered, supplemented or amended by any other document unless the new document is signed by both you and The Enlightened Creative.

Orders, Pricing and Payments. The Enlightened Creative strives to communicate accurate pricing and product information but will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by the Enlightened Creative, in the Enlightened Creative’s sole discretion. Unless otherwise agreed to by the Enlightened Creative, payment must be received by the Enlightened Creative prior to our acceptance of an order.

Shipping. If you order a hard copy book, the book will be shipped to you.  You have 30 days to notify The Enlightened Creative of any missing, wrong, or damaged portion of your purchase or The Enlightened Creative cannot be held responsible for these issues. Unless you provide The Enlightened Creative with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order.  Customer is responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt you may be requested to sign. The Enlightened Creative will not be responsible for any visible shipping damages not noted on the delivery receipt.

Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number. 

Limitation of Liability. The Enlightened Creative does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product being available for use, lost profits, loss of business or for lost of corrupted data or software, or the provision of services and support.  Except as expressly provided herein, The Enlightened Creative will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages or for any claim by any third party.  You agree that for any liability related to the purchase of product, The Enlightened Creative is not liable or responsible for any amount of damages above the amount for the applicable product.  Some jurisdictions may not enforce all of these limitations, and only the limitations that are lawfully applied to you in your jurisdiction will apply.

Purchases may not be resold or exported. Your purchase is for your own use, not for resale or export. Your purchase may not be sold, leased, or transferred to restricted end users, or for restricted end uses according to U.S. export and sanctions laws.

Governing Law. The parties agree that this agreement, any sales there-under, or any claim, dispute or controversy (whether in contract, tort or otherwise) between you and The Enlightened Creative arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, The Enlightened Creative’s advertising, or any related purchase shall be governed by the laws of the state of Maryland, without regard to conflicts of law.

Dispute Resolution and Binding Arbitration. You and The Enlightened Creative are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with a respect to a claim.  Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between customer and the Enlightened Creative, its agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase (collectively “The Enlightened Creative”) arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), The Enlightened Creative’s advertising or any related purchase shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, neither customer nor The Enlightened Creative shall be entitled to join or consolidate claims by or against other customers, or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration.