Terms of Use: Tiffany Nycole Bespoke Web Design Service Packages and Digital Products

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Tiffany Nycole Bespoke Web Design Service Packages outlined below (hereinafter “Customer” or “You”) agree and willingly purchase access to one or more service packages or digital products provided by Tiffany Nycole Bespoke Web Design (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:

1. Items Purchased Overview

a.Customer confirms he/she/they are electing to purchase one or more service packages or digital products found online at www.tiffanynycole.com offered by Tiffany Nycole Bespoke Web Design. Following purchase, Customer will be sent an email with the next steps to receive service purchased or a download of the digital product purchased. .

b. If you have any questions regarding the services or digital products, please reach out to Company at tiffany@tiffanynycole.com

2. Nondisclosure

1. Following Customer’s purchase of digital products Customer will have gained access to various trade secrets and personal intellectual property of Company. For this reason, it is imperative that Customer DOES NOT share the digital product with anyone other than his/her/their immediate team members. Customer understands and acknowledges this information, and confirms he/she/they will not share the template outside of Customer’s organization.
2. Customer agrees not to share, copy, or distribute any documents or other proprietary information obtained through services or digital products, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Company.3. Testimonials

3. Testimonials

1. Company may request Customer provide a testimonial to be published on Company’s website, or featured on Company’s social media accounts. Customer understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Customer. There will be no ramifications or change in relationship between Company and Customer if Customer refuses testimonial.
2. If Customer accepts and provides Company with a testimonial, Customer understands the material, along with a photo of Customer, will likely be published on Company’s website, social media, or otherwise. Should Customer agree to provide a testimonial, Customer will agree to review and sign an additional Release if asked, confirming same, and confirming Company’s rights to use Customer’s testimonial. No payment or additional services will be provided in return for Testimonial, and Customer understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.

4. Payment and Payment Plan

1. Customer understands the cost of the service packages and digital products varies greatly. All service packages and digital products are listed with the purchase price, and whether or not a payment plan is available for those items. Customer agrees to render payment via credit card on Company’s sales and checkout page, and to confirm agreement to these Terms of Use with Customer’s purchase. Customer understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full or utilizing the appropriate payment plan, where offered.
2. If Customer is purchasing a service package or digital product with an offered payment plan of two (2) payments of $500 USD for example, Customer agrees to abide by the rules and payments as explained on Company’s sales page. Should Customer fail to make timely payments, or if additional payments are not able to be processed, Customer understands: (1) he/she/they will lose access to items purchased, and all access to services rendered will cease; (2) Company will attempt to reach out to them weekly, following the notification of defaulted payment. Should Customer fail to respond within seven (7) days, Company has the right to take further legal action in order to recover payment in full for the product Customer already has.

4. Refund Policy

1. As digital products are immediately available for download and use following purchase, Company is not able to offer refunds for any reason once Customer has purchased them. Please conduct any and all necessary research to determine if the digital products are right for you prior to purchasing. Once the purchase is made, Customer will not be eligible to receive a refund.

5. Term;Termination

1. Following agreement to these Terms of Use and purchase   of service packages or digital products, Customer is to have access to items for as long as it is offered and technologically supported by Company. These Terms shall be in full force and effect for as long as items are offered, and/or as long as Customer continues to use and access items, whichever is longer. The purchase of additional items will also be governed under this Agreement as well, and Customer will continue to operate within the boundaries of this Agreement in perpetuity, to sure safeguarding of Company and Items.
2. Company reserves the right to remove Customer’s access to website and/or the items purchased for any reason it deems necessary.

6. Disclaimer

1. Company cannot guarantee results of Program, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Program harmless if he or she does not experience the desired results.
2. Earnings Disclaimer: Company also does not make any guarantees or assurances regarding a particular financial outcome based on use of items purchased, nor is Company responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ use of items purchased, or working with Company contained on Website or in sales material that contain financial information are individual, and results may vary.
3. Customer understands that all services provided by Company in connection with the items being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Customer is choosing to purchase these items from Company on a purely voluntary basis and does not hold Company responsible should Customer become dissatisfied with the items purchased – Customer may always reach out to Company to advise on any errors, and Company will do its best to accommodate and fix the issue.
4. Customer agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired with respect to services or digital products purchased, as long as Company delivers the items as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Customer.
5. Customer also understands Company is not a doctor, nurse, financial adviser, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the services or digital products. The content provided by Company on his/her website and within the service packages or digital products is comprised of information that has worked for Company and other Customers, and may or may not be useful to Customer in his/her personal business or life. Customer understands Company cannot guarantee results from the items purchased, and has no expectation of a specific result that he or she holds Company responsible for.

7. Intellectual Property

1. Customer agrees and understands that Company has created numerous original, creative works in connection with the service packages and digital products, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the digital products from Tiffany Nycole Bespoke Web Design, including but not limited to: all digital products, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Customer agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Customer, nor grant any license to use the information, other than that which is expressly provided throughout the course of the services or digital product use.
2. Customer agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Customer’s participation in the items purchased without refund, as well as access to any digital goods Customer may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
3. Licensee Rights: Company’s Limited License to Customer: Customer understands that in purchasing the service packages or digital products, she/he is gaining access to view all content and information available as part of the Templates, as well as any additional information or content shared with him/her by Company as she sees fit. Customer understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Customer understands and agrees that Customer will not:

1. 1. 1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through items purchased without written permission by Company;
      2. Post, distribute, copy, steal or otherwise use any portion of the items purchased or its content, or information obtained via other members in any group without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Customer.
      3. Claim any content created by Company as part of the items purchased or otherwise given to Customer is his/her own, meaning he/she cannot claim any content created by Company was Customer’s work, and use in his/her business as his/her own.
      4. Share purchased materials, information, content with others who have not purchased them.
      5. Customer further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

8. Indemnification

1. Customer agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Customer’s use of service packages or digital products, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Customer’s use of services or digital products. The decision to purchase and use items purchased is solely that of Customer, and he/she/they agree it is not the fault of Company should any issues arise. Should Company be required to defend herself in any action directly or indirectly involving Customer, or an action where we decide Customer’s participation or assistance would benefit Company’s defense, Customer agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.

9. Dispute Resolution

1. Should a dispute arise between Company and Customer, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Customer agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other Customers of Company.)
2. If unable to reach a resolution informally, Customer and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Williamson County, Texas within a reasonable amount of time. Customer and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

10. Applicable Law

1. This Agreement shall be governed by and under control of the laws of Texas regardless of conflict of law principles, and regardless of location of Customer. Customer understands this and agrees that the laws of Texas are to be applicable here.

11. Amendments

1. This agreement may be altered, amended, changed, extended, or otherwise updated based upon the changes in relevant laws, the course or items being purchased, or due to Company’s choosing. Your continued use of the product or service will constitute agreement to this document in its most updated form.