TERMS OF SERVICE
OVERVIEW
The website, trailblazingbranding.com (“Site”) is owned and operated by Studio Bestie, LLC, a company operating under the laws of USA. In these Terms, “we”, “us” and “our” refer to Trailblazing Branding and the terms “Client” “you” or “your” refer to any individual user of our Site or Services.
NOTICE: It is your responsibility to carefully read these Terms of Use (“Terms”) prior to using our Site or purchasing or accessing any of our services, products and free or paid offerings, including any of our online courses. These Terms govern and define your use of the Site and Services and are legally binding on you.
Our team provides general educational and /or entertainment information on various topics on this website which should not be construed as advice. These are our personal opinions only.
Although I am a business consultant by profession, I am not YOUR business consultant. All content and information on this website is for informational and educational purposes only, does not constitute professional advice and does not establish any kind of professional-client relationship by your use of this website. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted-in to any of our Services, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.
By using our Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are the applicable age of majority in your jurisdiction.
ACCESS AND DELIVERY OF SERVICES
AGE OF MAJORITY
To access or use our Site, purchase Services, or join the program specific Facebook Group Page you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Site.
RIGHT TO CHANGE OR RESTRICT ACCESS TO SERVICES
When you purchase a specific Service through our Site, you will be given notice with respect to how long you will be given access to those Services. We reserve the right at any time to change or restrict access to the Services. In the event we decide to change the Services or change how long you have access to the Services, we will provide you not less than fourteen (14) days written notice via the email address you used to sign up for the program, and it will be your sole responsibility to access any materials available to you before that date.
REFUSAL OF SERVICES
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
SERVICES DESCRIPTIONS
We endeavor to describe and display our Services as accurately as possible. While we try to be as clear as possible, our Site might not be entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
FEES AND PAYMENT AUTHORIZATION
FEES
All Fees are listed on our Site are in USD. We reserve the right to change our fees at any time and without notice.
You expressly agree and understand that you are responsible for full payment of Fees for any course or program enrolled in, regardless of whether you complete the program, are willing or able to complete the program, regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan.
If you choose a monthly payment plan, you are responsible for the full and entire cost of the program, regardless of whether or not you complete it. For clarity, the payment plan option is NOT a subscription fee that may be canceled at any time. In the event of a defaulted payment, we will contact you via email to reinstate the payment plan or invoice for a lump sum. In the event of 3 non-responsive emails, all accounts will be sent to an international collections agency for collection, and we reserve our right to use any legal means necessary and available to us to collect outstanding Fees owing to us including any costs incurred by us in the process.
PAYMENT AUTHORIZATION
You authorize Studio Bestie, LLC to charge your credit card or debit card through PayPal, Stripe, or other payment processor used to process payment on our Site. If any payment is recurring or made via a payment plan, you authorize our continued access to your financial information stored in any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.
Skipped or canceled payments will result in your access being revoked to any Services until payment has been made or new payment arrangements have been arranged, which alternative payments will only be approved in our sole discretion. Any time lost will not be made-up and payment will remain due.
CHARGEBACKS
By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.
REFUNDS
NO REFUND POLICY
WE HAVE A STRICT NO REFUND POLICY FOR ALL PROGRAMS AND SERVICES OFFERED THROUGH Trailblazing Branding.
You are solely responsible for reading our sales page and Site carefully for the program you wish to enroll in. Please reach out to us before you purchase any Services on our Site if you have any questions about what\’s included. We are happy to help you determine if it\’s a good fit before you sign up.
ONE-ON-ONE SESSIONS
All one-on-one sessions purchased must be used during the duration of the Program and are non-refundable and non-transferable.
MEDIA RELEASE
By enrolling in any Services offered through us, you expressly consent to being recorded on our group calls, whether via photograph, audio and/or video. These calls may be shared elsewhere outside of a specific program group, for reasons including, but not limited to viewing by other students by letting them listen to live coaching calls and for our marketing and promotional purposes.
By agreeing to these terms and conditions you consent to having your recording shared. You further grant us a commercial license to use any image(s), including any containing your likeness, that you submit to us whether voluntarily or by default, such as your profile picture on any social media platforms, for our future business use.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, contained in our Services or posted on any of our social media accounts is owned by us, unless attributed otherwise. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Intellectual Property, in whole or in part, without our express prior written consent. We reserve the right to immediately remove you from any program and restrict your access to our Site and Services, without refund, if you are caught violating our Intellectual Property rights.
For clarity, you are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way, including re-posting or republishing any of our Intellectual Property, whether in whole or in part to any third-party website or social media platform for any purpose.
For clarity, using our Intellectual Property for ‘inspiration’ for your own content or offer is a violation of our Intellectual Property Rights and these Terms.
LIMITED LICENSE
Any and all materials that you access as part of our Services through our Site or any related domain are under the sole ownership or licensed use of Trailblazing Branding and Studio Bestie, LLC including all Intellectual Property.
When you purchase access or enroll in any of our Programs or Services, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Services. You do not obtain any ownership interest or other rights to the materials and all copyrights remain with us.
As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered an infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion.
As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use only; and (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only as intended by us (IE NOT for resale in your business).
VIOLATIONS AND INDEMNITY
We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs, and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.
RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over any materials you may submit to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or as part of the Services. Content submitted to us remains yours to the extent that you have any legal claims therein. By submitting any content to us, you agree to hold Trailblazing Branding and Studio Bestie LLC and Released Parties (as defined below) harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
NON-COMPETITION
If you enroll in any programs or services offered by Trailblazing Branding you may not create programs or perform any services that are the same or similar to those sold by us, specifically but not limited to coaching other coaches in finding their specialized niche; for sale or distribution for a period of two (2) years after purchasing Services from our Site.
ASSUMPTION OF RISK AND DISCLAIMERS
ASSUMPTION OF RISK
Use of this Site is at your own risk. You understand and agree that the use of our Site, its contents, and any of our programs or Services is at your own risk.
WARRANTIES DISCLAIMER
We make no warranties as to our Site, the Services, or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
NO GUARANTEES
While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.
GENERAL DISCLAIMER
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, harm, loss, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
EARNINGS DISCLAIMER
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results. Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services, or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
NOT PROFESSIONAL ADVICE
We are not legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including legal, financial, or otherwise during the provision of any Service. No part of our Site, the Service, or any related content or materials, including any expert guest workshops that may be provided from time to time, are to be construed as medical, legal, or financial advice. We expressly disclaim all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.
THIRD-PARTY CONTRIBUTORS
We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.
LIMITATION OF LIABILITY AND INDEMNITY
LIMITATION OF LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES YOU HAVE PURCHASED THROUGH OUR SITE OR IF YOU HAVE NOT PURCHASED ANY SERVICES THROUGH OUR SITE, OUR CUMULATIVE LIABILITY SHALL BE $100.00.
RELEASE, INDEMNITY, AND WAIVER
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.
AFFILIATES
We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services, or products.
TERMINATION OF YOUR USE
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services, Facebook or other online community platforms and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
SECURITY
GENERAL
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
SECURITY AND ACCOUNT CREATION
In order to participate in the Program, you may be required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to blazer@trailblazingbranding.com.
You agree that any registration information you provide must be accurate and that you must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.
USE OF THIRD-PARTY APPLICATIONS
In order to run our Site and provide our Services, we use a number of third-party applications, such as for processing payment, delivering electronic newsletters, booking systems, and administering our courses. For more information as to how your personal information is collected, stored, and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.
CONFIDENTIALITY
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
YOUR COMMUNICATION WITH US
Any communications made through our contact form, blog comments social media pages, or other related pages, or directly to our phone(s), mailing, or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy.
We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behavior that we deem inappropriate.
PROHIBITED BEHAVIOUR
By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.
PRIVACY
RESPECT OF FELLOW PARTICIPANTS
We respect your privacy and require that you respect the privacy of fellow program participants. You agree not to violate the publicity or privacy rights of any fellow participant.
You agree:
- not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
- that any Confidential Information shared by program participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
- not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during the program session
LAWFUL PURPOSES
You may use the Site and Program for lawful purposes only. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
GENERAL
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Trailblazing Branding/Studio Bestie LLC pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Trailblazing Branding/Studio Bestie LLC or any of the Released Parties shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing to us at blazer@trailblazingbranding.com or to you, via the email you used at sign up.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the United States, State of Texas, where applicable. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the state of Texas, United States. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
ALL RIGHTS RESERVED
We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Trailblazing Branding.
Trailblazing Branding has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Trailblazing Branding shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Governing Law
These Terms shall be governed and construed in accordance with the laws of without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Product description
Products may vary slightly from their pictures. The images of the digital products on our website are for illustrative purposes only. All additional props such as stock photos, tablets, phones, frames, items on display and non-incorporated writing are for illustrative purposes only and are not included within the sale. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. We may also provide you with access to third-party tools on our site but over which we do not monitor or have any control or input into these tools.
Software
Some of our digital products require certain software/programs (including versions) and it is your responsibility to read the product description carefully to ascertain which if any are needed. Such software/programs may include Microsoft Office, Google Drive and Canva, this list is not exhaustive. For the avoidance of doubt we are not liable for any subscriptions fees for such software/programs, it is your responsibility to read third party terms carefully before signing up.
Pricing
Prices for our digital products are subject to change without notice. We reserve the right at any time to modify or discontinue any digital products.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of digital products.
With reference to discount codes only one promotion code can be used at any one time and there is no cash equivalent. Furthermore, you cannot apply a discount code to any item after it has been purchased.
Disclaimer
We are not affiliated to and nor are we endorsed by any of the businesses that may be referred to on our site or in our products. Accordingly, all logos, trademarks and brand names remain the property of the respective owners.
Refund and refund policy
Due to the digital nature of our digital products which are available to download immediately, we do not accept returns, exchanges, or cancellations and no refunds will be made. Please email us if you have any queries or need any support.
Intellectual Property Rights
We are the owner and the licensee of all intellectual property rights on our site and in the digital products offered for sale. The site and all digital products are protected by copyright laws and treaties around the world. Nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any of our digital products.
You are NOT permitted to
When purchasing digital products from our website you are granted a limited, personal, non-exclusive, non-transferable license of our products for your personal or internal business use only.
You acknowledge and agree that under this license you have no right to:
-use the products for any unlawful purpose;
-modify, copy, reproduce or sell the materials;
-decompile or reverse engineer;
-remove any copyright or other proprietary notations from the materials;
-transfer the materials to another person;
-create derivative works based upon the materials;
-offer any competing products based upon the materials.
-insert media, graphics or photos into any product or template for commercial use without the appropriate licenses.
We reserve the right to revoke your access to products if we consider you are misusing our site, products or infringing our intellectual property. We also reserve the right to bring any claim against you in respect of any infringement of our intellectual property. Where appropriate this may include injunctive relief to stop you using our intellectual property.
No text or data mining, or web scraping
You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorizing or attempting the use of):
Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This site and its digital products are intended for use by, individuals globally. By continuing to access, view or make use of this site and the digital products, you hereby warrant and represent to us that you will comply with these Terms, regardless of where you are located worldwide.
We are not responsible for websites we link to
We are not liable for any harm or damages related to the purchase or use of goods, links to, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third-party.
Our responsibility for loss or damage suffered by you
We exclude all implied conditions, warranties, representations or other terms that may apply to our site and our digital products.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Indemnity
You agree to indemnify us and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to, or arising out of, or in connection with your use of the website or any of the digital products offered on the website.
Limitation of liability
We make no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.
All the materials on this site are provided ‘as is’ without any express or implied warranty of any kind, including warranties of merchantability, or fitness for any particular purpose.
To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our website and digital products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
CONTACT
If you have any questions about these Terms and Conditions of Use or our Privacy Policy, please send an email to: blazer@trailblazingbranding.com