By clicking the “Purchase” button, you, the purchaser of Brand-in-a-Box (“Customer”) agree to purchase this item provided by Liza Hippler Photography (“Company”) and agree to enter into this legally bind-ing agreement, with terms as follows:
For good and valuable consideration, Customer agrees to purchase Brand-in-a-Box, a digital product (“Purchase”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.
Brand-in-a-Box is a series of pdf with done-for-you color palettes and font suites.
A. Customer understands and agrees this purchase includes:
a. A “start here” guide that helps Customer navigate choosing colors & fonts for their business or brand
b. PDF with overview of color palettes
c. PDF with color breakdown and hex codes
d. PDF with 12 font schemes/pairings and suggested accent fonts
e. Social media templates
B. Customer understands and agrees this purchase does not include:
a. 1-on-1 services
b. a designated private Facebook group
c. feedback from Liza Hippler
d. logo design
3. training around creating a well-rounded brand or brand presence
Customer has done sufficient research to fully understand what is included in the Purchase and what is not included in the Purchase. Customer agrees to be bound by Company’s Disclaimer below.
In consideration for the Purchase provided by Company to Customer, Customer agrees to pay Company a fee of $37 (“Fee”). Customer agrees to make payment via VISA, MasterCard, AmEx, Stripe, PayPal. Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.
Customer shall make payment in full prior to gaining any access to the Purchase.
NON-DISCLOSURE AND CONFIDENTIALITY.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Purchase, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary in-formation and original work created by Company, whether created prior to working with Customer or specifically created for Customer.
By purchasing Brand-in-a-Box, Customer is granted one limited, revocable, non-transferrable license to view, read, download, print and use the materials and content in the Purchase, for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Customer’s access to the Purchase, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
If Company is unable to provide purchase details as outlined in Section I above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase. If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Purchase, at Company’s discretion.
Company’s refund policy is as follows:
Due to the digital nature and immediate availability of Brand-in-a-Box, there is a no refund policy.
Customer understands Company’s refund policy and agrees that no refunds will be given.
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
NO GUARANTEES, NO WARRANTIES.
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.
Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.
DISCLAIMER, FULL DISCLAIMER INCORPORATED BY
Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice. Liza Hippler Photography provides branding information and education. Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional. Company is providing services only in the capacity as a photographer and brand consultant, not as a licensed business professional. Liza Hippler Photography does not guarantee that Client will obtain any specific results or earn any money using its recommendations.
Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as medical or mental health advice and nothing in the Purchase is intended to be a substitute for consultation with a licensed healthcare professional or licensed mental health professional. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Purchase is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition. Customer is encouraged to consult with a licensed healthcare professional or licensed mental health professional to review and advise Customer on Customer’s specific situation.
ASSUMPTION OF RISK.
Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Purchase may include participation in financial, business or career strategies as well as lifestyle strategies including diet, exercise, movement elements or mindset, which include inherent risks of harm, illness, injury and other negative results. Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business professional, medical professional or mental health professional before acting on any content of the Purchase. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is act-ing voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.
LIMITED LIABILITY, INDEMNIFICATION.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Williamson County, Tennessee.
Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law.
Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.
Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS,
1113 Murfreesboro Road, Suite 106 Franklin, TN 37064