TERMS OF AGREEMENT
deVignier Design, Inc.
Last updated: May 6, 2025

These Terms of Agreement govern your access to and use of all services and digital products provided by deVignier Design, Inc. ("Company," "we," or "us"). Please read them carefully. By purchasing a Program or Product and clicking "I Agree," you acknowledge that you have read, understood, and agree to these terms in full.

COMPANY'S SERVICES
Upon execution of this Agreement, whether electronically, verbally, written, or otherwise, Company agrees to render educational, consulting, coaching, and seminar-related services as set forth on the website (the "Program"). The terms of this Agreement shall apply to any further goods or services supplied by Company to Client. The scope of services rendered shall be limited to those listed on the Company's website for the Program. Company reserves the right to substitute services equal to or comparable to the Program if the need arises.

FINANCIAL OBLIGATION
Client is responsible for completing all payments associated with their purchase. All payment plans are billed automatically every 30 days, without prior notice, until the plan is complete. If payments are not made on time, Company reserves the right to revoke access to the Program, and no refunds will be issued for prior payments. Clients will be notified by email if a payment fails. If the payment remains overdue after 7 days and three notification attempts, access to the Program will be revoked. To regain access, Client must pay all overdue payments in full. Company reserves the right to charge a 5% late penalty on any balance unpaid more than 7 days after the due date.

TERMS – DIGITAL DOWNLOADS
Refunds: All sales are final. We have a no-refund policy for digital downloads.
Access: Client is responsible for saving the download to their device and/or printing it for continued access.

TERMS – DIGITAL WORKSHOPS
Refunds: All sales are final. We have a no-refund policy for digital workshops.
Access: Replays are available for a limited time, as stated on the sales page. Clients are responsible for saving any included downloads.

TERMS – PRIVATE COACHING (of any type)

Refunds: All sales are final. We have a no-refund policy for private coaching.

Postponement and Cancellation: Clients must provide at least 24 hours’ notice to reschedule a session within the same month. Sessions may not be rolled over. Missed sessions without sufficient notice will be forfeited. Company reserves the right to take one week of vacation per quarter with two weeks' notice. Voxer support is not available during vacation periods.

TERMS – THE DESIGNER’S EDGE

Refunds: Client may request a full refund within 48 hours of purchase by emailing [email protected]. No refunds will be issued after 48 hours.
Course Materials: Client retains lifetime access to The Interior Designer’s Guide to Construction Management course videos and downloads. In the event of platform changes, Clients may be asked to save materials.
Studio: Client receives 12 months free access to all services included in Studio (Facebook group/community, Masterclass calls and replays, SOW reviews, Live event meet ups, FB Hot Seat Coaching, Private Podcast, etc.) Company may end these services or charge an addition fee after that time. Failure to pay will result in suspension of access. 

TERMINATION

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services. Client may terminate their subscription to private community & live masterclasses at any time and will retain access to course materials as detailed in EXPIRATION & MODIFICATION sections above

AVAILABILITY

Company works in Eastern Standard Time of the United States.

CHARGEBACKS & PAYMENT SECURITY
To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

NO RESALE OF SERVICES PERMITTED 

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.

USE OF MATERIALS & INTELLECTUAL PROPERTY
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes other than those intended by the course (as outlined on the salespage of the course). Client may not utilize Company’s intellectual property to produce a course, training, platform or any other one-to-many offer in the realm of design or construction. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

LIMITATION OF LIABILITY
By using Company’s services and enrolling in it’s Program, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against the Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

DISCLAIMER OF GUARANTEE
Any information or content provided by Company to Client is solely for educational and informational purposes. Company is not a medical professional, licensed counselor, accountant, or attorney and does not hold itself out to be. 

Client is encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided to Client by Company is not represented in any way to be a substitute for such professional advice. 

Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

COMMUNITY STANDARDS AND BEHAVIOR
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Program Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

When posting content inside our private community or live calls, you agree that you will not post or otherwise publish the following:

• Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
• Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
• Information that includes personal or identifying information about another person without that person’s consent.
• Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
• Any information or content that impersonates any person or entity.

By posting or otherwise publishing content inside our private community or live calls, you:

• Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit your content in any form and for any purpose;
• Warrant that you have the right to grant the above licences;
• Warrant that your content does not breach these Terms; and
• Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove your content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
• Monitor use of our platforms, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request

USE OF PROGRAM MATERIALS
Client consents to recordings being made of live events and calls inside the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, materials submitted by Client in the context of the course(s), comments made in the course group and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

CONFIDENTIALITY
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

NON-DISPARAGEMENT
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

CHOICE OF LAW & VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Delaware, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties

SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

SEVERABILITY
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

OTHER TERMS
Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.