Terms of Use
Last Updated on August 2, 2020

TERMS OF USE
BRAND-IN-A-BOX

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.

PURCHASE DETAILS.

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.

PAYMENT.

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 understands that this Purchase includes access to Company’s intellectual property, original work, trade secrets and other proprietary information, (“Company’s Information”), including but not limited to documents, worksheets, written templates, modules, video recordings, audio recordings, strategies, technical information, verbal guidance, color palettes and hex codes and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law. 

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.

INTELLECTUAL PROPERTY.

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.  

TERMINATION.

Customer may terminate and discontinue the Purchase at any time, for any reason, by providing notice to Company in writing, subject to the refund policy in these Terms of Use, but no portion of payments already made will be refunded.  

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. 

REFUND POLICY.

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. 

TESTIMONIALS.

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.

The Purchase is provided “as is,” and, except for the express warranties in these Terms of Use, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer be-comes dissatisfied with the Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual. 

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE.

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.

Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Use or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Use or Purchase.

GOVERNANCE. 

These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Tennessee as applied to contracts that are executed and performed entirely in Tennessee regardless of Customer’s location. The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Williamson County, Tennessee.

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. If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT.

Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Use is not included in the Purchase. 

Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party.  

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

NOTICE.

All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent via the US mail, addressed as follows:
   
        1113 Murfreesboro Road, Suite 106 Franklin, TN 37064


Liza Hippler
Liza Hippler Photography | 90-Minutes to a Badass Brand
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