Desi Interior Design
TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Desi Interior Design digital or downloadable resources, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, or training, video, member portal(s), enter any online private forums operated by Desi Interior Design (for any purpose), whether on a website hosted by Desi Interior Design or a third-party website such as an online course platform or social media, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Desi Interior Design; and/or purchase or take part in any future service or activity offered by Desi Interior Design, whether now known or unknown (collectively “the Program”). 

If you do not agree with these TOU, you may not use the Website or its Content.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Desi Interior Design, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “Creswell” or “the Company”); (ii) any volunteers; and (iii) Desi Creswell.

1. The Program

As part of the Program you select at checkout, you will receive the services outlined on the web page where you register for the Program. Company reserves, in its sole right and discretion, the right to adjust the Program offerings or pricing at any time. Except as otherwise expressly provided for in these TOU, any adjustments to the Program will take effect following notice to you.

2. Participants

If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

The Program and Content, and services offered by Desi Interior Design are intended for interior designers and related industries as further explained in the Refund Policy below and on Company’s Website.

3. Early Enrollment Program Offers / Special Program Offers

From time to time, the Company may offer Program participants promotional pricing, early enrollment, and early access to specific services outlined on the Company’s webpage or other (i.e., email) for registration, for a temporary period of time (“Promotional Offer”).

If you accept the Promotional Offer by taking the required steps (i.e., Submitting a Program application and paying the required Program Fee) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional Offer shall be outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said terms are outlined on the Company’s webpage or otherwise (i.e., email), and those terms shall be incorporated into this Agreement.

 

4. Payment 

You agree to the fees and payment schedule selected at checkout. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization.

 

You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

If applicable, payment in full, or authorization to automatically charge all payments in a payment plan, is required before you are permitted to participate in any Program activities. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.  

 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 15 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

5. Refunds

 

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, we have a no refund policy. By using and/or purchasing this Program, you understand and agree that all sales are final and no refunds will be provided.

 

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

In the event of Desi Creswell’s death, Desi Creswell’s estate shall have 180 days from her death to settle, emit, distribute, and honor any refund requests or unfulfilled Program reimbursements.

 

Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund. 

 

6. Intellectual Property Rights

 

Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the the Program website, any third-party website Creswell may use to distribute or host the Program, contained in e-mails sent to you by the Company, or provided at in-person events by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

The Company’s Limited License to You:

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

 

This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes or your own internal business use only. 

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still the Company’s property.  Any unauthorized use of any materials found in the Program or Content shall constitute infringement.  

 

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others. 

 

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission

All rights not expressly granted in these terms or any express written license, are reserved by us.

Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Program such as comments, posts, photos, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.  

This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by you or the Company during your participation in the Program, including images in which your face is visible and recognizable or your full name.   

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected]

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.

 

7. Coach/Client Relationship and Responsibilities Of The Parties

 

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.

• Creswell’s Responsibilities:

• The Company’s staff are trained to use their communication skills and coaching tools to support you throughout the Program.
• The Company’s staff will provide guidance to you based on information you provide. 
• The Company’s staff will answer questions through the live group coaching calls on Zoom; replays will be made available if you are not available to attend live.

• Your Responsibilities for Best Results:

• Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the Program, at your own pace. 
• Take full ownership for your own progress, choices, and decisions throughout the Program.  
• Attend live group coaching calls and participate, engage, and ask for coaching.
• You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
• You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

 

8. Your Conduct 

 

Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You are responsible for your material and for any liability that may result from the material you post. 

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to the Company or other Program participants
• Causing damage to any the Company’s website or third-party forums operated by Boehman
• Using any Creswell website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by Creswell to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company  website or third-party forums operated by Creswell to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
• Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
• Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.  

 

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

9. Community Guidelines

 

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company's community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants. 

 

The Company’s community guidelines are as follows:

1. The Company’s Program promotes diversity amongst its participants. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
2. The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
3. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
4. Support each participant with words of encouragement, resources or suggestions, while respecting each participant’s boundaries. 

 

10. Confidentiality

 

The Company is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.

 

Confidential information does not include information that:

1. was in the the Company’s possession prior to your participation in the Program;
2. is generally known to the public or in your circle of friends and family and co-workers; or
3. Creswell may be required by law to disclose. 

 

You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company. 

 

You agree that Creswell shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

The Company may record coaching calls and share them in the Program or on third-party forums operated by the Company. 

 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company's website or any third-party forums operated by the Company, without permission. If the Company discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content. 

 

11. Username and Password

 

To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Program has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Company or any Content, in whole or part, without refund. 

 

12. Non-Disparagement 

 

You, nor your respective members, employees, representatives, and agents, shall not take any action that is intended, or would reasonably be expected, to harm the Company, its respective members, employees, representatives, and agents, or its reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to them. You, and your respective members, employees, representatives, and agents, will not disparage or comment negatively about the Company nor Releasees.  Disparaging remarks, comments or statements are those that impugn the character, honesty, integrity, morality or business acumen or abilities in connection with any aspect of the operation of business of the Company or Company’s respective Releasees. This non-disparagement provision shall survive the termination of this Agreement.

 

13. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, and any third-party forums, operated by the Company, in full or in part, at any time without notice. The Company may terminate your participation and access in the Program and Content at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or Creswell.

 

In the event you would like to cancel your access and participation in the Program, written notice (including e-mail) required. The refund policy mentioned in section 6 of these TOU will apply.

 

14. Personal Responsibility, Assumption of Risk, Release, Disclaimers

 

1. You acknowledge that, by engaging with Releasees for any Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any Program, whether or not caused by the active or passive negligence of the Releasees.
   In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to Creswell for the Program.
    
2. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Company’s Programs or Content prevents, cures or treats any mental or medical condition. The Program and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results.  You should consult with a professional if you have specific questions about your own unique situation.  The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
3. Earnings and Results Disclaimer.  You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program.  The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
4. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
5. Creswell tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
6. The information, products and services offered on or through the Program and Content are provided “as-is” and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the website, including third-party services, or the servers that make it available are free of viruses or other harmful components. 
7. The company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages that result from the use of, or the inability to use, the program, including its materials, products, or services, or third-party materials, products, or services made available through the program. 

 

15. Security 

 

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company which may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk. 

 

16. Legal Disputes

 

These TOU shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to its conflict of laws. The nearest state and federal court to Minneapolis, Minnesota shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

17. Users Outside United States

 

The Company controls and operates the Program from offices in the United States. Creswell does not represent that materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

18. Indemnification

 

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available in the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Minnesota, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

 

19. Force Majeure

 

The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.

 

20. Entire Agreement, Severability, Modification, And Waiver

 

This agreement constitutes the entire agreement between you and the Company with respect to the Program, Content and Website and supersedes all prior, contemporaneous written or oral communications between you and the Company regarding the Program, Content and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

 

The Company may change, modify or update these TOU at any time. Any access or use of the Program or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]. 

 

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content

 

Updated on January 3, 2023