TERMS FOR DOWNLOADABLE PRODUCTS

PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. YOU MUST AGREE TO THESE T&C BEFORE YOU ARE PERMITTED TO USE ANY DIGITAL PRODUCTS, INCLUDING THEMES, WORKSHEETS, CHECKLISTS, E-BOOKS, FREEBIES, BUSINESS CARDS, MEDIA KITS, LOGOS, GRAPHICS, MOODBOARDS, OR TEMPLATES (FOR ANY PURPOSE) FROM MICHELLE JONES CREATIVE, LLC (COLLECTIVELY “THE PRODUCTS”).

IF YOU DO NOT AGREE WITH THESE T&C, YOU MAY NOT USE THE PRODUCTS.

AS USED IN THESE T&C, THE TERM “RELEASEES” IS DEFINED TO INCLUDE THE FOLLOWING: (I) MICHELLE JONES CREATIVE, LLC AND MICHELLEJONESCREATIVE.COM, 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) MICHELLE JONES.

By purchasing digital download (“Product”) from Michelle Jones Creative, LLC (the “Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and you acknowledge reading them:

PRODUCT The Product consists of digital template files as appropriate for listed product. The Product does not include printed materials. These may be purchased for an additional fee. 

PAYMENT AND REFUNDS

YOU AGREE TO PAY FOR THE PRODUCTS AT THE PRICE LISTED. IF PAYING BY DEBIT CARD OR CREDIT CARD, YOU GIVE US PERMISSION TO AUTOMATICALLY CHARGE YOUR CREDIT OR DEBIT CARD AS PAYMENT FOR THE PRODUCTS, WITHOUT ANY ADDITIONAL AUTHORIZATION, FOR WHICH YOU WILL RECEIVE AN ELECTRONIC RECEIPT.

IN THE EVENT THAT PAYMENT IS NOT RECEIVED BY THE DATE DUE, YOU WILL HAVE A THREE (3) DAY GRACE PERIOD TO MAKE THE PAYMENT, OTHERWISE WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE PRODUCTS AND ALL CONTENT IMMEDIATELY AND PERMANENTLY.

YOUR SATISFACTION WITH THE PRODUCTS IS IMPORTANT TO US. HOWEVER, BECAUSE OF THE EXTENSIVE TIME, EFFORT, PREPARATION AND CARE THAT GO INTO CREATING AND PROVIDING THE PRODUCTS, WE HAVE 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 THE PRODUCTS AND NO REFUNDS WILL BE PROVIDED TO YOU AT ANY TIME. BY USING AND/OR PURCHASING THE PRODUCTS, YOU UNDERSTAND AND AGREE THAT ALL SALES ARE FINAL AND NO REFUNDS WILL BE PROVIDED.

SINCE WE HAVE A CLEAR AND EXPLICIT REFUND POLICY IN THESE T&C THAT YOU HAVE AGREED TO PRIOR TO COMPLETING THE PURCHASE OF THE PRODUCTS, WE DO NOT TOLERATE OR ACCEPT ANY TYPE OF CHARGEBACK THREAT OR ACTUAL CHARGEBACK FROM YOUR CREDIT CARD COMPANY. IN THE EVENT THAT A CHARGEBACK IS PLACED ON A PURCHASE OR WE RECEIVE A CHARGEBACK THREAT DURING OR AFTER YOUR PURCHASE, IN ADDITION TO ANY OTHER AVAILABLE LEGAL OR EQUITABLE REMEDIES, WE RESERVE THE RIGHT TO REPORT THE INCIDENT TO ALL THREE CREDIT REPORTING AGENCIES OR TO ANY OTHER ENTITY FOR INCLUSION IN ANY CHARGEBACK DATABASE OR FOR LISTING AS A DELINQUENT ACCOUNT WHICH COULD HAVE A NEGATIVE IMPACT ON YOUR CREDIT REPORT SCORE. THE INFORMATION REPORTED WILL INCLUDE YOUR NAME, EMAIL ADDRESS, ORDER DATE, ORDER AMOUNT, AND BILLING ADDRESS. CHARGEBACK ABUSERS WISHING TO BE REMOVED FROM THE DATABASE SHALL MAKE THE PAYMENT FOR THE AMOUNT OF THE CHARGEBACK.

OWNERSHIP OF WEBSITE THEMES

OUR WORDPRESS & SQUARESPACE THEME DESIGNS ARE RELEASED UNDER THE GNU PUBLIC LICENSE VERSION 2.0 OR LATER. ANY .PSD FILES AND CANVA LINKS ARE PACKAGED SEPARATELY AND ARE NOT LICENSED UNDER THE GPL 2.0. INSTEAD, THESE FILES ARE CONTENT OWNED BY THE COMPANY AND SUBJECT TO THE COMPANY’S LIMITED LICENSE, OUTLINED BELOW.

ALL THEMES INCLUDE A SMALL FOOTER CREDIT AND LINK TO COMPANY’S SITE WITH THE FOLLOWING (OR SIMILAR) WORDING: DESIGN BY M|J CREATIVE or MICHELLE JONES CREATIVE. YOU AGREE THAT YOU ARE NOT PERMITTED TO EDIT OR REMOVE THIS CREDIT. IF YOU DO EDIT OR REMOVE THIS CREDIT, YOU AGREE TO PAY COMPANY A REMOVAL FEE OF $500.

OWNERSHIP OF THE CONTENT

THE WORDS, DESIGN, LAYOUT, GRAPHICS, PHOTOS, IMAGES, INFORMATION, MATERIALS, DOCUMENTS, DATA, DATABASES, TEMPLATES, 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 PRODUCTS, AND CONTAINED IN DOWNLOADS, E-MAILS OR ATTACHMENTS SENT TO YOU OR ACCESSIBLE BY YOU FROM THE COMPANY (“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.

INTELLECTUAL PROPERTY RIGHTS

THE COMPANY’S LIMITED LICENSE TO YOU: IF YOU VIEW, PURCHASE OR ACCESS ANY PRODUCT OR ANY OF THE CONTENT, YOU WILL BE CONSIDERED OUR LICENSEE. FOR THE AVOIDANCE OF DOUBT, YOU ARE GRANTED AN INDIVIDUAL, REVOCABLE, NON-TRANSFERABLE AND NON-RESALABLE LICENSE FOR PERSONAL, NON-COMMERCIAL USE ONLY, LIMITED TO YOU ONLY.

THIS MEANS YOU MAY VIEW, DOWNLOAD, PRINT, EMAIL AND USE ONE COPY OF THE PRODUCTS AND CONTENT FOR YOUR OWN PERSONAL PURPOSES OR YOUR OWN BUSINESS ONLY.

YOU MAY NOT REPUBLISH, REPRODUCE, DUPLICATE, COPY, SELL, DISPLAY, DISTRIBUTE TO FRIENDS OR FAMILY, OR OTHERWISE USE ANY MATERIAL FROM THE PRODUCTS OR CONTENT FOR COMMERCIAL PURPOSES OR IN ANY WAY THAT EARNS YOU MONEY (OTHER THAN BY APPLYING THEM GENERALLY IN YOUR OWN BUSINESS). BY DOWNLOADING, PRINTING, OR OTHERWISE USING THE PRODUCTS OR CONTENT FOR PERSONAL USE YOU IN NO WAY ASSUME ANY OWNERSHIP RIGHTS OF THE CONTENT – IT IS STILL COMPANY PROPERTY. ANY REPRODUCTION OR UNAUTHORIZED USE OF ANY MATERIALS FOUND IN THE PRODUCTS OR CONTENT SHALL CONSTITUTE INFRINGEMENT, WHICH IS EXPLAINED MORE FULLY BELOW IN THE SECTION ON UNAUTHORIZED USE.

YOU MUST RECEIVE OUR WRITTEN PERMISSION BEFORE USING ANY OF THE PRODUCTS OR CONTENT FOR YOUR OWN COMMERCIAL USE OR BEFORE SHARING WITH OTHERS.

THE TRADEMARKS AND LOGOS DISPLAYED ON THE PRODUCTS 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.

UNAUTHORIZED USE

YOUR USE OF ANY MATERIALS FOUND IN THE PRODUCTS OR CONTENT OTHER THAN THAT EXPRESSLY AUTHORIZED IN THIS AGREEMENT 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 PRODUCTS IN THE EVENT OF YOUR UNAUTHORIZED USE, OR $5,000, WHICHEVER IS GREATER, 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.

YOUR LICENSE TO THE COMPANY

BY POSTING OR SUBMITTING ANY MATERIAL IN ANY INTERACTIVE PORTION OF ANY PRODUCT, SUCH AS COMMENTS, POSTS, PHOTOS, 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 PRODUCTS 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 PRODUCTS 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 PRODUCT, 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 PRODUCT 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 PRODUCTS OR ANY THIRD-PARTY FORUM OR WEBSITE OPERATED BY THE COMPANY, OR ANYTHING CAPTURED BY THE COMPANY DURING YOUR PARTICIPATION IN THE PRODUCTS, INCLUDING IMAGES IN WHICH YOUR FACE IS VISIBLE AND RECOGNIZABLE.

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 EMAIL TO HELLO@MICHELLEJONESCREATIVE.COM.

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 PRODUCTS AND CONTENT.

SUPPORT FOR THEMES 

ALL THEMES COME WITH ACCESS TO THE SUPPORT SITE, THEME UPDATES, SUPPORT FOR BUG FIXES CAUSED BY THE THEME, AND RECOMMENDATIONS ON HOW TO INTEGRATE ANY ADD-ONS AND PLUGINS. ONCE A THEME IS RETIRED, THE COMPANY WILL NOT BE RESPONSIBLE FOR BUG FIXES, BUT YOU WILL STILL HAVE ACCESS TO THE SUPPORT SITE. THIS DOES NOT INCLUDE ASSISTANCE IF YOU, OR A FUTURE SERVICE PROVIDER, CHANGE THE MARKUP, CSS, OR CODE OF THE THEME AND YOUR WEBSITE’S DESIGN OR FUNCTIONALITY IS AFFECTED. THE COMPANY HAS NO OBLIGATION TO REPAIR OR ASSIST YOU WITH THE THEME OR YOUR WEBSITE AFTER ANY SUCH CHANGES. THIS DOES NOT INCLUDE PLUGIN OR HOSTING COMPATIBILITY ISSUES. WE ARE NOT HELD RESPONSIBLE FOR ISSUES OR SUPPORT RELATED TO THIRD-PARTY PLUGINS.

USERNAME AND PASSWORD

TO ACCESS CERTAIN FEATURES OF THE PRODUCTS, INCLUDING ANY PRIVATE MEMBERSHIP AREAS, YOU MAY NEED A USERNAME AND PASSWORD. YOU AGREE TO KEEP YOUR USERNAME AND PASSWORD CONFIDENTIAL. DURING THE REGISTRATION PROCESS FOR ANY SERVICE OR PRODUCT, YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION ABOUT YOURSELF. 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 PRODUCTS TO ANY OTHER PERSON, THE COMPANY HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE PRODUCTS 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.

TERMINATION

Michelle Jones Creative LLC RESERVES THE RIGHT IN ITS SOLE DISCRETION TO REFUSE OR TERMINATE YOUR ACCESS TO THE PRODUCTS AND CONTENT, IN FULL OR IN PART, AT ANY TIME WITHOUT NOTICE. IN THE EVENT OF CANCELLATION OR TERMINATION, YOU ARE NO LONGER AUTHORIZED TO ACCESS THE PART OF THE PRODUCTS OR CONTENT AFFECTED BY SUCH CANCELLATION OR TERMINATION. THE RESTRICTIONS IMPOSED ON YOU IN THESE T&C WITH RESPECT TO THE PRODUCTS AND ITS CONTENT WILL STILL APPLY NOW AND IN THE FUTURE, EVEN AFTER TERMINATION BY YOU OR THE COMPANY.

DISCLAIMERS AND INDEMNIFICATION

THE PRODUCTS AND CONTENT PROVIDE INFORMATION AND EDUCATION ONLY, AND DO NOT PROVIDE ANY FINANCIAL, LEGAL, MEDICAL OR PSYCHOLOGICAL SERVICES OR ADVICE. YOU ARE RESPONSIBLE FOR YOUR OWN PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING, DECISIONS, CHOICES, ACTIONS AND RESULTS. Michelle Jones Creative LLC DISCLAIMS ANY LIABILITY FOR YOUR RELIANCE ON ANY OPINIONS OR ADVICE CONTAINED IN THE PRODUCTS.

ANY LINKS TO THIRD-PARTY PRODUCTS, SERVICES, OR SITES ARE SUBJECT TO SEPARATE TERMS AND CONDITIONS. Michelle Jones Creative LLC IS NOT RESPONSIBLE FOR OR LIABLE FOR ANY CONTENT ON OR ACTIONS TAKEN BY SUCH THIRD-PARTY COMPANY OR WEBSITE. ALTHOUGH Michelle Jones Creative LLC 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.

Michelle Jones Creative LLC TRIES TO ENSURE THAT THE AVAILABILITY AND DELIVERY OF THE PRODUCTS 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.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PRODUCTS 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 PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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 PRODUCTS, INCLUDING THE MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, OR SERVICES MADE AVAILABLE THROUGH THE PRODUCTS.

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS. THE NEAREST STATE AND FEDERAL COURT TO CAMPBELL, CA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY CASE OR CONTROVERSY ARISING FROM OR RELATING TO THE PRODUCTS OR CONTENT, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY OR THESE T&C. BY USING THE PRODUCTS 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 COMPANY CONTROLS AND OPERATES THE PRODUCTS FROM OFFICES IN THE UNITED STATES. THE COMPANY DOES NOT REPRESENT THAT MATERIALS ON THE PRODUCTS ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. PEOPLE WHO CHOOSE TO ACCESS THE PRODUCTS 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.

YOU AGREE TO DEFEND, INDEMNIFY 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 PRODUCTS OR CONTENT IN VIOLATION OF THESE T&C, (II) ANY BREACH BY YOU OF THESE T&C 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 PRODUCTS 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.

YOU EXPRESSLY AGREE THAT THESE TERMS & CONDITIONS ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NORTH CAROLINA, AND THAT IF ANY PORTION IS HELD INVALID, IT IS AGREED THAT IT WILL BE SEVERED AND THE BALANCE SHALL CONTINUE IN FULL LEGAL FORCE AND EFFECT. THIS RELEASE IS NOT INTENDED AS AN ATTEMPTED RELEASE OF CLAIMS OF GROSS NEGLIGENCE OR INTENTIONAL ACTS BY RELEASEES. THIS IS THE ENTIRE AGREEMENT OF THE PARTIES, AND REFLECTS A COMPLETE UNDERSTANDING OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER. THIS AGREEMENT SUPERSEDES ALL PRIOR WRITTEN AND ORAL REPRESENTATIONS.

Michelle Jones Creative LLC MAY CHANGE, MODIFY OR UPDATE THESE TERMS & CONDITIONS AT ANY TIME WITHOUT NOTICE. ANY ACCESS OR USE OF THE PRODUCTS OR CONTENT BY YOU AFTER THE COMPANY PUBLICLY POSTS OR DISTRIBUTES SUCH CHANGES SHALL CONSTITUTE CONSENT OF SUCH MODIFICATIONS. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, CONTACT HELLO@MICHELLEJONESCREATIVE.COM.

BY CLICKING ON THE BOX WHEN PURCHASING THE PRODUCTS, 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 TERMS & CONDITIONS, DO NOT PURCHASE OR USE THE PRODUCTS OR ACCESS THE CONTENT.

AUTHORIZED LICENSEE

You agree that the Product may only be used by you - the individual or business that is the customer on record with the Michelle Jones Creative LLC. You will not sell, assign, or distribute the Product without Michelle Jones Creative LLC's prior written permission.

LICENSE

Michelle Jones Creative LLC owns all right, title and interest in and to the Product, including but not limited to copyright, all rights subsumed thereunder, and all other intellectual property rights, including all extensions and renewals thereof.

Michelle Jones Creative LLC grants you a limited, exclusive, non-transferable license to use, modify, and reproduce the Product, worldwide, in perpetuity as follows:

1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-publications, and in audiovisual media (like film, video, etc.). 2. Printed in physical form, including but not limited to, letterhead, business cards, print media (brochures, books, magazines, newspapers), product packaging and labeling; 3. Incorporated into tangible products. Except as otherwise provided, you acknowledge and agree that you have no right to: 4. Resell, lease, redistribute, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Product in any manner or medium; 5. Falsely represent, expressly or by way of reasonable implication, that any Product or Customized Product was created by you or a person other than the copyright holder(s) of that Product or Customized Product. 

INDEMNIFICATION

You will indemnify and hold Michelle Jones Creative LLC, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Product or Customized Product other than the uses expressly permitted by these Terms of Service. You further agree to indemnify Michelle Jones Creative LLC for all costs and expenses that Michelle Jones Creative LLC incurs in the event that you breach any of the terms of this or any other agreement with Company.

ERRORS, INACCURACIES, AND OMISSIONS

The Product and Customized Product are provided "as is" without warranty of any kind, either express or implied. Michelle Jones Creative LLC does not warrant that the Product or Customized Product, Company websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Product or Customized Product, is solely with you. Michelle Jones Creative LLC disclaims all liability for any inaccuracy, error or incompleteness in the Product or Customized Product.

RELATIONSHIP OF THE PARTIES

You agree that Michelle Jones Creative LLC is acting as an independent contractor and that no partnership or joint venture is created between the Michelle Jones Creative LLC and you.

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT HELLO@MICHELLEJONESCREATIVE.COM.

LAST UPDATED: AUGUST 23, 2018