Terms and Conditions of Use

Effective date: June 21, 2024

Lewocks Tree Studio LLC

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 Lewocks Tree Studio LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Lewocks Tree Studio (for any purpose), whether on a website hosted by Lewocks Tree Studio] or a third-party website such as an online course platform or facebook.com (collectively “the Program”).

 

If you do not agree with these TOU, you may not use the Program.

 

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

 

   1. Participants

NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use this Program. Children between the ages of 13 and 18 must ask for their parent's or guardian's permission and agreement to these TOU before viewing our Program.

NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of these TOU (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into these TOU  on behalf of your minor child/ward.

The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

 

   2. Payment

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, for which you will receive an electronic receipt.  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 payment is not received by the date due, you will have a three (3) day grace period to make the payment, otherwise the Program will not continue and we reserve the right to terminate your access to the Program and all Content, as defined below, 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 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

   3. Refunds

Your satisfaction with the Program is important. To receive a refund, you must submit your request within 14 days after your date of purchase by emailing [email protected] from the email associated with your purchase.

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above, all sales are final and no refunds will be provided.

 

   4. Intellectual Property Rights

       a. 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 Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you 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.

        b. 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 Program and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, 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 generally 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 Company 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.

You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence Technologies. 

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.

      c. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized in these TOU 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 these TOU 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.

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

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, 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, sell, exploit, create derivative works from, 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. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

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. 

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

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 the Company during your participation in the Program, including images in which your face is visible and recognizable.   

      e. 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.

 

      5. Your Conduct

 Please choose carefully the materials that you upload, submit, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

You are responsible for the comments, posts, photos, images, videos and other contributions you submit and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and in any third-party forums operated by the Company, whether by leaving a comment or engaging in a chat, in a 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 agree to post comments or other material only one time.

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other purchasers

    •  Causing damage to any Company website or third-party forums operated by the Company

    •  Using any Company 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 the Company 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 the Company to transmit, send, or deliver unsolicited communications including, but not limited to, communications for marketing or advertising purposes

    •  Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

    • Sharing private and proprietary information from other purchasers with anyone else
    • Using discriminatory speech, hate speech, comments, or actions against other purchasers based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

The Company may post separate guidelines regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

While the Company does its best to create a safe and welcoming Program, the Company cannot guarantee that all purchasers will follow these guidelines. The Company, in its sole discretion, may delete or modify, in whole or part, any comments, posts, content, or materials, however, the Company does not have a duty to review all comments, posts, content, and materials. Therefore, the Company shall not be held liable for any comments, actions, posts, content, or materials that result in another purchaser’s trauma or discomfort. The Company also does not endorse or make 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 on any third-party forums operated by the Company.

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 access to the Program and Content without refund.

 

    6. Confidentiality

 The Company is not legally bound to keep your information confidential.

You may use a screen name or pseudonym instead of your actual name when accessing the Program and when making public posts on the Company website and in third-party forums operated by the Company.

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

The Company may record live sessions or trainings and share them within the Program, in future programs, on the Company’s website, or in third-party forums operated by the Company.

You agree you will not share any recordings or third-party forum postings outside the private areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

Due to privacy and intellectual property concerns, you may not use artificial intelligence technology to record or transcribe any live sessions, trainings, workshops, classes, or webinars.

 

    7.  Username and Password

To access certain features of the Program, including any private areas limited to purchasers, you may need a username and password. It is your responsibility to inform the Company by emailing [email protected] if you are unable to access your account. You agree to keep your username and password confidential. You also agree to provide true, accurate, current and complete information about yourself during the registration process. If the Company 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 access to the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy

 

   8. Termination

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, upon delivery of written notice, at any time. If you violate any provision of this TOU, the Company may terminate your access to the Program immediately and without refund. In the event of cancellation or termination, you are no longer authorized to access the affected portions of the Program or Content. The restrictions imposed on you in these TOU regarding the Program and its Content will still apply now and in the future, even after termination by you or the Company. In the event of termination, any remaining installment (if applicable), default, or late payments will be due immediately.

 

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

    a. You are voluntarily accessing the Program and assume all risk of injury, illness,    damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

     b. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Releasees. You are fully aware of the risks and hazards inherent in using the Program and voluntarily, knowingly and freely assume all risks associated with using the Program, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and even death. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment (whether owned, operated, or provided to you by Releasees or otherwise), including injuries or damages arising out of the negligence of Releasees, whether active or passive, or any of Releasees’ affiliates, employees, contractors, agents, representatives, successors, and assigns.

    c. You represent and warrant to Releasees that you are able to safely use the Program and have no medical condition that would make your use of the Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to use the Program, or that you have decided to use the Program without the approval of a physician.

    d. Although Maryann Lewis is registered architect, your access to and use of the Program does not establish an architect-client relationship - or any other professional relationship protected by legal privilege - between you and the Company, or any of its employees or contractors.

    e. The Program and Content provide information and education only, and do not constitute professional advice of any kind, including but not limited to architectural, arboricultural, financial, legal, medical or psychological advice. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own architect, arborist, 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.

    f. You acknowledge that, by purchasing the 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 from 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 access to and use of the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by 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 the Company for the Program.

      g. Earnings and Results Disclaimer.  You agree that 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.

      h. 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.

      i. The Company 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.

      j. 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 PAGES LIMITED TO PURCHASERS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

      k. 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.

 

   11. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under the Company’s 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.

 

   12. Legal Disputes and Waiver of Class Actions

 These TOU shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to its conflict of laws principles. The state and federal court nearest to Portland, Oregon shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s 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 parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. 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.

 

    13. Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on 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.

 

     14. 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 not limited 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 on 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.

 

      15. Force Majeure

The Company shall not be deemed in breach of these TOU if Company is unable to provide all of the Program or  any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate these TOU.

 

      16. General Provisions. 

The Company may modify these TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified when accessing the course or program or via email. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.

 

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 February 17, 2026