Terms of Purchase for Digital Goods and Services
Terms of Purchase for Digital Goods and Services
Last Updated April 3rd, 2026
1. Acceptance of Terms.
These Terms of Purchase for Digital Goods and Services ("Terms") are between you ("Purchaser," "you," "your") and Megan Yuly Art & Apothecary, LLC ("Company," "we," "us," "our") and govern your purchase of digital products, services, and related offerings ("Products") through the Company's website at meganyulyart.com or any related domains or subdomains (the "Website"), or in person.
By clicking "Add to Cart," "Buy Now," "Enroll," "Register," or any similar purchase button, submitting payment electronically or in person, or otherwise subscribing or enrolling through the Website, you are agreeing to be bound by these Terms, together with our Website Terms and Conditions located at https://meganyulyart.com/policies/terms-of-service and our Privacy Policy located at https://meganyulyart.com/policies/privacy-policy, all of which are incorporated by reference (collectively, the "Agreement"). If there is any conflict between these Terms and the Terms and Conditions, these Terms will control with respect to the purchase and use of Products.
2. Eligibility.
By purchasing Products, you represent and warrant that you are at least 16 years old and meet all legal age requirements in your jurisdiction to enter into a binding contract and to purchase and use the Products.
3. Products and Services.
Our Products include, but are not limited to: Digital Downloads, Original Paintings, Art Prints, Soap Bars, Candles, and all Body Care Items.
4. Pricing and Payment.
By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the "Authorized Payment Method") for all fees related to your purchase of the Products (collectively, the "Fees"). Unless otherwise indicated, all Fees are stated and charged in U.S. dollars (USD).
Taxes. You are responsible for all applicable taxes, duties, and governmental charges associated with your purchase, unless the Company is legally required to collect such amounts. If the Company is required to collect sales tax or other transaction taxes, the applicable tax will be added to your order total at checkout.
One-Time Purchases. For Products sold on a one-time purchase basis, the full purchase price is due at the time of checkout unless a payment plan option is offered and selected.
Promotions and Discounts. We may occasionally offer promotions, discounts, limited-time offers, or bonuses ("Promotions"). Promotions are available at the Company's discretion and are not guaranteed to be available at the time of your purchase. The Company reserves the right to modify, suspend, or terminate any Promotion at any time. Unless otherwise stated, Promotions cannot be applied retroactively to prior purchases and cannot be combined with other offers.
Pricing and Availability. We strive to present accurate Product descriptions, images, and pricing on the Website, but errors may occur. The Company reserves the right to correct any errors in Product listings, pricing, descriptions, specifications, or availability at any time without prior notice. If a Product you purchased was listed at an incorrect price due to a typographical or system error, the Company will notify you and provide the option to confirm your order at the correct price or cancel for a full refund.
Product and Service Discontinuation. The Company reserves the right to modify, suspend, or permanently discontinue any Product or Service, in whole or in part, at any time and for any reason, in its sole discretion. If the Company discontinues a Product or Service:
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Products Already Delivered. If a digital Product has been fully delivered to you (e.g., a template, ebook, or digital download that you have already accessed or downloaded), no refund, credit, or compensation will be issued.
The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Product or Service.
Payment Disputes. If you initiate a chargeback or payment dispute with your financial institution, the Company may:
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Present these Terms, order confirmation, and delivery records to your financial institution, payment processor, and/or investigating agency.
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Suspend or terminate your access to the Products pending resolution.
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Pursue recovery of the original purchase amount plus any fees or costs incurred by the Company as a result, to the extent permitted by law.
We encourage you to contact us at hello@meganyulyart.com before initiating a chargeback so we can attempt to resolve the issue directly.
5. Delivery and Order Confirmation.
When you complete a purchase, you will receive an order confirmation via email with details concerning your purchase and Product delivery. It is your responsibility to review the order confirmation and notify us promptly at hello@meganyulyart.com if there are any errors.
Delivery methods and timelines vary by Product type:
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Digital Downloads and Workbooks. Delivered electronically upon receipt of payment, either through a download link on the Website or via email.
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Physical Products. Delivery timelines and shipping information provided in your order confirmation. See Section 8 for physical product terms.
6. Refunds and Returns.
Due to the nature of digital products being immediately accessible upon purchase, all sales are final. We do not offer returns, refunds, or exchanges. If you are on a payment plan, your obligation to complete all remaining installments continues regardless of any request for a refund.
Physical Products: See Section 7 for return terms.
7. Physical Products.
Shipping and Delivery. Shipping timelines and costs will be presented at checkout. Delivery dates are estimates only, and the Company is not responsible for delays caused by shipping carriers, customs, or circumstances beyond our control.
Risk of Loss. All physical Products are made pursuant to a shipment contract. Risk of loss and title pass to you upon delivery to the carrier.
Returns.
All Apothecary and Body Care items are final sale, no returns or refunds accepted.
You may return art prints and original paintings within 30 days of delivery for a refund or exchange. To initiate a return, contact hello@meganyulyart.com. You are responsible for return shipping costs. Refunds will be processed within 5 - 10 business days of receipt.
Order Errors and Damaged Goods. If you receive a damaged or incorrect item, contact us at hello@meganyulyart.com within 5 days of delivery. We will, at our discretion, replace the item or issue a refund.
8. License Grant and Intellectual Property.
By purchasing Products, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Products for your personal or internal business use only (the "License"), subject to the terms below. The Company owns and retains all rights, titles, and interests in and to the Products, including all copyrights, trademarks, trade secrets, and other intellectual property rights. Nothing in these Terms transfers any intellectual property ownership to you. All rights not expressly granted are reserved by the Company.
Templates, Digital Downloads, and Customizable Products. You may modify, copy, edit, print, and adapt the Product for use for yourself, provided you adhere to all applicable laws and these Terms. You may not reproduce, give away, publish, sell, license, or distribute the Product (or any modified version) to any third party. Permission to modify does not grant ownership of the underlying intellectual property.
General License Restrictions. Regardless of Product type, you may not:
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Resell, sublicense, distribute, or make available the Products (or any portion) to any third party.
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Share your account credentials or allow any other person to access the Products through your account.
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Use the Products to develop, create, sell, distribute, or offer any product, service, or content that is substantially similar to or competitive with the Products or the Company's business offerings. This includes using the Products as a foundation, framework, or reference to build competing templates, courses, programs, tools, or digital products.
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Remove, alter, or obscure any copyright, trademark, or proprietary notices on the Products.
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Grant master resell rights, private label rights, or any other rights enabling third parties to resell or distribute the Products.
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Make the Products available through any file-sharing, peer-to-peer network, or similar service.
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Use the Products to create derivative products for sale or distribution.
Enforcement and Remedies. If the Company reasonably believes you have violated any License restriction above, the Company may immediately revoke your License and terminate your access to the Products without refund. If you distribute the Products to unauthorized third parties, you agree to pay the Company the then-current retail price of the Product for each instance of unauthorized distribution, as liquidated damages representing a reasonable estimate of the Company's loss. The Company also reserves the right to pursue all other available legal remedies, including claims for actual damages and injunctive relief.
Confidentiality of Product Content. By accessing the Products, you agree to treat the following as confidential and proprietary information of the Company: strategies, frameworks, methodologies, proprietary processes, business models, formulas, systems, and other non-public information contained within or disclosed through the Products (collectively, "Confidential Information"). You shall not disclose, share, distribute, or use Confidential Information for any purpose other than the permitted use of the Products under this License.
This duty of confidentiality survives the termination or expiration of your access to the Products. This provision does not restrict your use of general knowledge, skills, or principles that are commonly known in your industry or that you independently developed without reliance on the Products.
9. Publicity and Content Release.
Testimonials, Reviews, and Feedback. If you submit reviews, testimonials, images, comments, or other feedback about the Products on any platform, such feedback is governed by the User Submissions and Content License provisions in our Terms and Conditions. By submitting feedback, you grant the Company a license to use it, including your name and likeness, for marketing and promotional purposes as described in the Terms and Conditions.
Non-Disparagement.
You agree to refrain from making defamatory, derogatory, or disparaging statements, whether publicly or privately, to any third party regarding the Company, its officers, directors, employees, agents, Products, or Services, other than as required by law. This includes directing or encouraging others to make such statements.
This provision does not restrict your ability to: (a) post honest reviews, ratings, or performance assessments about the Products on any platform; (b) provide truthful information in response to a legal proceeding, governmental inquiry, or regulatory investigation; or (c) exercise any rights that cannot be waived by contract under applicable law.
This section survives termination.
10. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, service providers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
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Your purchase or use of the Products.
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Your violation of these Terms or any applicable law.
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Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
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Any content you create using or derived from the Products.
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Your improper or unauthorized use of the Products.
11. Termination.
We may terminate or suspend your access to the Products at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination:
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Your License is immediately revoked.
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You remain responsible for all Fees incurred prior to termination, including remaining payment plan installments.
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The Company will have no further obligation to provide the Products to you.
The Company's right to discontinue Products under Section 4 is separate from and in addition to its right to terminate individual access under this section.
All provisions that by their nature should survive termination shall survive, including intellectual property, license restrictions, confidentiality, non-disparagement, limitation of liability, indemnification, and dispute resolution.
12. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your purchase or use of the Products ("Dispute"), you and the Company agree to first attempt to resolve the Dispute informally by contacting us at hello@meganyulyart.com. If the Dispute is not resolved within thirty (30) days, either Party may initiate binding arbitration.
Binding Arbitration. Any Dispute that cannot be resolved informally shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Pierce County, WA. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
Costs and Attorney's Fees. Each Party shall bear its own costs in connection with the arbitration. Filing fees and arbitrator compensation shall be governed by AAA's applicable rules. If any legal action, arbitration, or other proceeding is brought for enforcement of these Terms or because of an alleged breach, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to any other relief to which it may be entitled.
Exceptions. Either Party may bring an individual action in small claims court for Disputes within jurisdictional limits. Either Party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement, misappropriation, or violation of intellectual property rights.
13. Governing Law.
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles.
14. Force Majeure.
The Company shall not be liable for any failure or delay in delivering the Products resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, epidemics, cyberattacks, internet or telecommunications failures, power outages, labor disputes, supply chain disruptions, or interruptions to third-party services.
15. Privacy.
Your purchase and use of the Products is also governed by our Privacy Policy, located at https://meganyulyart.com/policies/privacy-policy.
16. Notices.
We may provide notice to you by: (i) sending a message to the email address associated with your account, or (ii) posting a notice on the Website. Notices sent by email are effective at the time of sending. Notices posted to the Website are effective upon posting.
You may provide notice to the Company by certified mail to:
Megan Yuly Art & Apothecary, LLC 4912 N Pearl Street Tacoma, WA 98407
Notices by certified mail are effective upon actual receipt.
17. Modifications.
We reserve the right to update these Terms at any time. The "Last Updated" date reflects the latest version. We will notify you of material changes by posting a notice on the Website or emailing the address associated with your account. Continued use of the Products after changes constitutes acceptance of the revised Terms.
18. Assignment.
You may not transfer or assign any rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign its rights and obligations. These Terms bind and inure to the benefit of the Parties and their respective successors and permitted assigns.
19. Severability and Waiver.
If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions continue in full force.
No failure or delay by the Company in exercising any right constitutes a waiver. Any waiver is effective only if in writing and signed by an authorized Company representative.
20. Entire Agreement.
These Terms, together with the Terms and Conditions, Privacy Policy, and any order confirmation or additional terms presented at purchase, constitute the entire agreement between you and the Company regarding the purchase and use of Products. These Terms supersede all prior agreements, understandings, and communications on this subject matter. Headings are for convenience only and do not affect interpretation.
The Company reserves all rights not expressly granted.