Terms & Conditions

By visiting https://thehouseoflostarts.com, you are consenting to our Terms & Conditions.

Overview

The terms “we,” “us,” and “our” refer to 2 Fish Creative, LLC. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

On this site, you’ll find blog posts, life coaching services, digital products for sale, and group programs (the “Service”).

Use of www.thehouseoflostarts.com including all materials presented herein and all online services provided by 2 Fish Creative, LLC is subject to the following Privacy Policy.

These Terms & Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms & 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 coaching, guidance, and other information are subject to change. 2 Fish Creative, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. 2 Fish Creativ, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation

In order to use the Site and 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 2 Fish Creative, LLC 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.

Lawful Purposes

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 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.

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.

Payment

User is responsible for all applicable fees and taxes for their purchase from 2 Fish Creative, LLC. User grants 2 Fish Creative, LLC (or our third-party payment processor) the authority to charge the card(s) provided during the registration process. If a payment is not received in full, 2 Fish Creative, LLC reserves the right to suspend services until payment is complete.

Cancellations, Refunds & Returns

Client is responsible for full payment of fees for the entire product or course, regardless of whether User completes a program.

There are no refunds for live workshops and digital products. Deposits paid to secure coaching services are non-refundable. Deposits paid to secure program registrations are non-refundable.

Sessions can be rescheduled by Client with a minimum of 48 hours notice to Company. If less than 48 hours notice is provided, the session may be forfeited.

Termination

We are committed to providing all users in any course or program a positive experience. By continuing with the purchase, User agrees that 2 Fish Creative, LLC may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate User’s participation in the Program without refund or forgiveness of monthly payments if User becomes disruptive or upon violation of the terms.  If User decides to terminate this Agreement, no refunds will be issued.

Accuracy, Completeness, And Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site 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.

Services & Products

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.

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 have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

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 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 Service will be corrected.

Client Responsibility, No Guarantees

User accepts and agrees that User is 100% responsible for its progress and results from the Program. Participation from the User is the one vital element to the Program’s success that relies solely on User. 2 Fish Creative, LLC makes no representations, warranties or guarantees verbally or in writing regarding User’s performance. User understands that because of the nature of the program and extent, the results experienced by each participant may significantly vary. By purchasing from 2 Fish Creative, LLC, User acknowledges that there is an inherent risk of loss of capital and there is no guarantee that User will reach its goals as a result of participation in the Program and 2 Fish Creative, LLC’s comments about the outcome are expressions of opinion only. 2 Fish Creative, LLC makes no guarantee other than that the Services offered in this Program shall be provided to User in accordance with the terms of this Agreement. User acknowledges that 2 Fish Creative, LLC cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by 2 Fish Creative, LLC.

Material You Submit to the Site

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 right without the express written permission of the owner of the copyright, trademark, or other 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.

You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the material you supply to 2 Fish Creative, LLC. 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 2 Fish Creative, LLC remains yours to the extent that you have any legal claims therein. You agree to hold 2 Fish Creative, LLC 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 2 Fish Creative, LLC including trademarks, copyrights, proprietary information, artwork, and other intellectual property as well as The House of Lost Arts name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. 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. Any copyright infringement will result in legal action taken on behalf of 2 Fish Creative, LLC.

Non-Disclosure of Company Materials

Material given to User in any product purchased with the 2 Fish Creative, LLC is proprietary, copyrighted and developed specifically for 2 Fish Creative, LLC. User agrees that such proprietary material is solely for User’s own personal use. Any disclosure to a third party is strictly prohibited. 

2 Fish Creative, LLC’s programs and products are copyrighted and the original materials that have been provided to User are for Client’s individual use only and are granted as a single-user license. User is not authorized to use any of 2 Fish Creative, LLC’s intellectual property for User’s business purposes. All intellectual property, including 2 Fish Creative, LLC’s copyrighted products and/or course materials, shall remain the sole property of 2 Fish Creative, LLC. No license to sell or distribute 2 Fish Creative, LLC’s materials is granted or implied. 

Further, by purchasing a 2 Fish Creative, LLC course, program, or product, User agrees that if User violates, or displays any likelihood of violating, any of User’s agreements contained in this paragraph, 2 Fish Creative, LLC will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Changed Terms

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. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications. 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 DAMAGE S ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, 2 FISH CREATIVE, LLC IS NOT LIABLE FOR DAMAGE S 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 2 FISH CREATIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE PROVINCES 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 2 Fish Creative, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM 2 FISH CREATIVE, LLC’S, AND IF NO PURCHASE HAS BEEN MADE BY YOU 2 FISH CREATIVE, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

Third Party Resources

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with 2 Fish Creative, LLC. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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, 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 2 Fish Creative, LLC 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 2 Fish Creative, LLC 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 2 Fish Creative, LLC.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: PO Box 1399, Pinedale, Wyoming 82941.

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Wyoming as applied to contracts that are executed and performed entirely in Wyoming. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Sublette County, Wyoming. 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.

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.

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-license-able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Children

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

Last updated on April 2021