TERMS & CONDTIIONS
BINDING AGREEMENT
This agreement ("Agreement") establishes a binding contract between you ("you") and Canvas Collective LLC, represented by its officers, Renee King, reachable at [email protected] ("Company," "we," or "us"). Your access to the website www.canvascollective.design (the 'Site') or utilization of any information, materials, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, HTML, XML, Java code, and other content related to the Site (collectively 'Content') or services offered in conjunction with the Site (the 'Service') implies your agreement to these Terms and Conditions, which the Company may adjust at its discretion. By using the Service, you affirm that you are at least 18 years old and legally eligible to enter into this Agreement.
LICENSE
All intellectual property rights arising from or associated with Canvas Collective LLC's website, programs, and materials are exclusively owned by Canvas Collective LLC. Canvas Collective LLC grants you a revocable, non-exclusive, royalty-free license to use our intellectual property for the duration of the program you've acquired. Any intellectual property generated using materials from Canvas Collective LLC programs and materials remains the exclusive property of the client. No rights or licenses for trademarks, service marks, trade names, or copyrights displayed on the Site are conveyed to you. You are prohibited from reproducing, republishing, distributing, assigning, sublicensing, retransmitting, selling, or creating derivative works from the Site or Content or making our Service accessible to others. All rights concerning the Site, Service, and Content not expressly granted in this Agreement are retained by us or our licensors.
While using the Site or Content, you undertake to adhere to the law and respect the intellectual property rights of others. Your usage of the Service, Content, and Site must comply with legislation governing intellectual property ownership. You pledge not to upload, download, display, perform, transmit, or distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You bear responsibility for any breaches of applicable laws and third-party rights stemming from any content you provide or transmit. Exceeding the bounds of this license or violating any relevant agreement when using the Site or our Service will result in the immediate termination of your license.
CONFIDENTIALITY AGREEMENT
Here at Canvas Collective LLC, we respect the confidentiality of your data and information. We want to ensure that your Client Data is treated with the utmost care and protection. This Confidentiality Agreement outlines how we handle and safeguard your information:
Ownership of Client Data: Your Client Data belongs to you or your licensors. While Canvas Collective LLC is responsible for the security and integrity of your data, it's crucial to highlight that the accuracy, quality, legality, and compliance with all relevant laws and Intellectual Property Rights of your Client Data are your responsibility, as you are the rightful owner.
Data Protection Obligations: Canvas Collective LLC will uphold strict data protection standards. If there are suspicions of Client Data breaching our Acceptable Use Policy or if required by law enforcement authorities, we may need to delete or disclose such data. We will make every effort to notify you where reasonably practicable and lawful.
Maintaining Confidentiality: We pledge to maintain the confidentiality of your Client Data. We will only disclose it as necessary for the Program or as mandated by our obligations under the Contract. We have robust security measures in place to protect your data. Our officers, employees, agents, and contractors are bound by strict confidentiality and security protocols to ensure your information remains safeguarded.
Exceptions: It's important to note that this confidentiality commitment doesn't apply to information that falls under the following categories:
- Public Knowledge: Information that is publicly available and not confidential.
- Independently Developed: Information that is developed independently without access to your confidential data.
- Legal Requirements: Information that must be disclosed due to a legal requirement, court order, or regulatory authority's mandate.
At Canvas Collective LLC, we take data privacy seriously and are dedicated to upholding the highest standards of confidentiality and security.
USE OF THE SITE, CONTENT, AND SERVICE
You may solely use the Site, Content, and Service to enhance your existing business, as expressly permitted in writing by us. Activities that may harm the Site or Service, including but not limited to introducing viruses or technology to disrupt or damage software or hardware, accessing unauthorized content, modifying, reverse engineering, decompiling, or disassembling technology used for the Site or our Service, employing robots or similar technology to monitor or copy content, collecting email addresses from third parties, impersonating others, interfering with the use of the Site or Service by others, aiding or encouraging prohibited activities, co-branding the Site, framing the Site, hyperlinking to the Site without our consent, or using the Site for unlawful purposes, are strictly prohibited. You agree not to make derogatory statements about us and to prevent others from doing so. You also agree that Company may seek damages for breaches of this paragraph.
TESTIMONIALS
All testimonials and endorsements adhere to relevant laws and regulations, including guidelines set forth by the Federal Trade Commission ('FTC'). Claims regarding product performance or quality must be grounded in actual experience. Any associations between you and an advertiser must be disclosed. Clear and conspicuous disclaimers and disclosures must be utilized when necessary.
INAPPROPRIATE CONTENT
You undertake not to upload, download, display, perform, transmit, or distribute material that is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that advocates or encourages illegal activities or violates any applicable law or this Agreement. We retain the right to oversee transactions and communications on the Site and Service and may take action if we identify breaches or inappropriate activities.
COPYRIGHT INFRINGEMENT
We have established procedures to address allegations of copyright infringement. We investigate such allegations and may suspend or terminate users who infringe upon our rights or those of third parties. If you believe your rights or the rights of a third party have been infringed, please provide the requisite information to our designated agent.
ALLEGED VIOLATIONS
We maintain the right to suspend or terminate your use of any Service or the Content or Site if we believe you have violated any term of this Agreement. We may access your account and records to investigate complaints or allegations. We do not intend to disclose investigations unless required by law.
FULL POWER AND AUTHORITY
You assert and warrant that you possess full power and authority to enter into and fulfill this Agreement. Additionally, you affirm that execution and performance of this Agreement do not contravene any other agreements, are legally binding, and that you are at least 18 years old. You acknowledge that your use of the Site, Content, and Service is in accordance with this Agreement.
DISCLAIMER OF WARRANTIES
We make no representations and disclaim all warranties related to the Site, Content, and Service. This includes all warranties, whether express or implied, and excludes liability for the Site, Content, and Services. You assume any and all risk associated with using or not being able to use the Site or Service.
ASSURANCES
You agree that you are the owner, director, manager, or executive officer of an existing business, and you will employ the Service, Content, and Site to enhance your existing business. You also agree that we do not provide advice on business locations, customers or accounts, or purchase services or products created using our Site, Content, or Service. We do not advise on business operations, including sales or marketing plans.
TERMINATION
We may suspend or terminate your use of the Site or Service if we believe you have breached this Agreement. Upon termination, your license to use the Site, Content, or Service will cease, except as otherwise provided. Cached copies of your User Content may remain for a short time, and removed User Content may still be available through others' accounts.
NOTICES
All notices will be in writing and delivered by electronic mail ([email protected]). You must send notices to Canvas Collective LLC. We will send notices to the contact information you provided. Notices are considered received as specified.
INDEMNITY
You agree to indemnify and hold Canvas Collective LLC and its representatives harmless from any actions, claims, demands, liabilities, damages, costs, and expenses arising from negligence, breach of warranty, or failure to comply with this Agreement. We have no duty to reimburse, defend, indemnify, or hold you harmless for any claim related to this Agreement, the Site, Content, or Service.
GOVERNING LAW
This Agreement is governed by the laws of the United States, State of Washington County of Whitman, with exclusive jurisdiction in Whitman County courts. We both agree to resolve disputes through mediation and, if necessary, arbitration, as described in the Policies and Procedures. Legal actions to protect intellectual property rights may be pursued in courts.
SEVERABILITY; WAIVER
If any term of this Agreement is unenforceable, all other terms will remain in full force and effect. No waiver of any breach shall constitute a waiver of other breaches. Waivers must be in writing and signed.
MODIFICATIONS
We may revise this Agreement, modify the Site, Content, or Service, or discontinue them at any time. Revisions are effective immediately upon posting. Substantive changes will be posted on the Site. Your continued use constitutes acceptance of changes.
REFUND POLICY / CANCELLATION
Canvas Collective LLC is devoted to delivering exceptional service to each customer. We aim to ensure your satisfaction with our products. Detailed refund and cancellation policies for each program are available on our website under the "refund policy" section at www.canvascollective.design.
If you find yourself dissatisfied with a product you've purchased, kindly contact us at [email protected], and we will promptly address your request.
PRIVACY POLICY
Canvas Collective LLC highly values your privacy and empowers you to manage the use of your personal information. You can find our current privacy policy (the “Privacy Policy”) in the privacy policy section on www.canvascollective.design.
PROGRAM-SPECIFIC TERMS AND CONDITIONS
For comprehensive terms and conditions specific to a program you've procured, please request them at [email protected]. Please be aware that, upon purchasing a program, client agreement is required.
MISCELLANEOUS
This Agreement binds both parties and their successors and assigns. It is not assignable without written consent. This Agreement supersedes all prior agreements. No agency or employment relationship is created. Provisions regarding disclaimers, indemnity, intellectual property, and governing law survive termination.
ACCEPTANCE
By using the Site, you acknowledge that you have read, understand, and agree to be bound by this Agreement, as amended from time to time.