SERITA BELTON TERMS & CONDITIONS
BY VISITING SERITABELTON.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using seritbelton.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Serita Belton. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Information provided on the Site and in the service related to graphic design, or web design, including business coaching, and other information (the “Service”) are subject to change. Serita Belton makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Serita Belton disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Serita Belton will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
SERITA BELTON INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Serita Belton, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Serita Belton name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SERITA BELTON IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SERITA BELTON HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SERITA BELTON CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Serita Belton. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Kansas as applied to contracts that are executed and performed entirely in Kansas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Lenexa, Kansas. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Serita Belton pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Serita Belton shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Serita Belton. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
PAYMENTS & REFUNDS
In return for graphic design services, the client agrees to pay the total fee payable in one payment. In the event a payment plan is agreed upon between Sb and the Client, the Client agrees to submit payments on the agreed upon dates. In the event the Client does not submit payment on the agreed upon dates, the Client will forfeit the future payment dates and the total amount will become due. Work will cease on your project until the remaining balance is received. There will be no exceptions. The Client understands that no work/designs will be released until the total fee is paid. The client understands that the final design belongs to Sb until paid in full. In the event of termination of this Agreement, Sb owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Sb owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Sb reserves the right to display the logo for business promotional use. In the event the project is terminated by either party prior to completion the client understands that a refund will not be issued after work has begun and the client has received draft 1 of the project due to hours put into project. In the event a payment plan was issued any payment received will not be eligible for a refund, and there will be no attempts to retrieve any additional payments.
Updated: July 2015
On seritabelton.com, we provide graphic design services, web design services and other information (the “Service”) to small businesses and entrepreneurs.
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter, and your name, e-mail address and website (optional) in order to post a comment on our blog. If you opt-in to receive our newsletter, the option to unsubscribe will be included in every e-mail.
We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing our clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of use behavior and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, you may not be able to take full advantage of the Site and its features.
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
CHANGES TO THIS POLICY