HEYBRANDCRUSH.COM TERMS AND CONDITIONS

Welcome to heybrandcrush.com! YOUR VISIT TO HEYBRANDCRUSH.COM (THE “SITE”) IS GOVERNED BY THESE TERMS AND CONDITIONS. If you do not agree or do not wish to be bound by these Terms and Conditions, discontinue all use of the Site. Say Yes Creative, LLC and artsocial, LLC are the owners and administrators of the Site. Say Yes Creative, LLC and artsocial, LLC are referred to collectively in these Terms and Conditions as “We,” “Us,” or “Our.”

THE SHORT AND SWEET VERSION:

  • You acknowledge that you are at least 18 years old.
  • You agree to have any products or services purchased through the Site processed through PayPal, Stripe, or another third-party payment platform. Therefore, we do not collect or store your credit card information.
  • Unless otherwise specified, all sales through the Site are final and nonrefundable.
  • You acknowledge that the Site may contain affiliate links.
  • You acknowledge that we have certain rights to content and materials on the Site and you agree not to share the content with others without our permission.
  • You agree to comply with the Terms and Conditions applicable to any specific products or services available through the Site.
  • You agree that your use of the Site, and any products or services available through the Site, is to improve your existing business and not to create a competitive or similar product or service.
  • You agree that the Site, and any products or services available through the Site, are available on an “as is” basis and that we make no guarantees that they are error-free.
  • You agree that you are using the Site, or purchasing or using any products or services available through the Site, at your own risk and that we are not liable for any damages to you or your business that may result.
  • You agree to defend, compensate, and hold us harmless for any claims made against us arising or resulting from your breach of these terms, your use or misuse of the Site or any products or services available through the Site, or violation of the rights of any third-parties.

THE LONG VERSION:

REPRESENTATION OF AGE

You agree that by visiting or using any part of the Site you represent that you are at least 18 years old and that you are legally able to agree to these Terms and Conditions.

PAYMENTS AND PAYMENT PROCESSING

You agree to have any purchase made through the Site processed through PayPal, Stripe, or any other third-party payment platform we deem appropriate for processing payments for this purpose. Therefore, we do not collect or store your credit card information.

You will receive an email confirming any purchase made through the Site. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

WE DISCLAIM ALL LIABILITY FOR ANY INACCURACY OR ERROR IN THE DESCRIPTION AND PRICING OF ANY PRODUCT OR SERVICE FOR SALE ON THE SITE. WE RESERVE THE RIGHT TO REFUSE OR CANCEL YOUR PURCHASE IF IT HAS AN INCORRECT PRICE LISTING.

REFUNDS

Unless otherwise specified, all sales through the Site are final and nonrefundable. You agree a purchase of any product or service through the Site is a good investment in your business.

HYPERLINKS AND AFFILIATED SITES

You acknowledge that website links provided on the Site may not be under the control of the Say Yes Creative, LLC or artsocial, LLC, and therefore we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of those sites.

You acknowledge that the Site may contain links to affiliated sites. This means that we may receive a commission if you click on the link and make a purchase from the affiliate.

INTELLECTUAL PROPERTY

The Site contains content and material provided by or on behalf of Say Yes Creative, LLC and/or artsocial, LLC. The content and materials may be owned by us or third parties. Unauthorized use or sharing of the content or materials may violate copyright, trademark, and other laws.

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 any part of the Site without prior written consent of Say Yes Creative, LLC and artsocial, LLC.

If you purchase or otherwise use any product or service available through the Site, you agree to comply with the Terms and Conditions, including any intellectual property policies, applicable to that specific product or service. In the event of a conflict between these Terms and Conditions and the Terms and Conditions applicable to a specific product or service, the Terms and Conditions applicable to the specific product or service shall govern and control.

Using the Site, or any products or services available through the Site, to create a competitive or similar product or service is in violation of these Terms and Conditions.

NO WARRANTIES

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE ARE MAKING THE SITE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE.

WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER INACCURACIES. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM HACKERS OR ANY OTHER UNAUTHORIZED PERSONS. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE.

LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

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. ADDITIONALLY, WE ARE 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/OR (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 THE LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.

THE FOREGOING APPLIES EVEN IF WE HAVE 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 OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these terms; (ii) your access to, use or misuse of the Site or any products or services available through the Site; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of California, United States of America, as applied to contracts that are executed and performed entirely in California.

You agree to submit to personal jurisdiction and venue in Contra Costa County, California or Arapahoe County, Colorado for purposes of any arbitration or court proceeding arising out of these Terms and Conditions or related subject matter.

REVISIONS OR MODIFICATIONS

We reserve the right to change or update these Terms and Conditions at any time. These Terms and Conditions may be changed or updated by revising this posting on the Site. If we make material changes to these Terms and Conditions, you will also be notified by email if we have your email address on file.

WAIVER

Except as specifically provided in these Terms and Conditions, a waiver from time to time by us of any of our rights or any failure to exercise any of our remedies shall not operate or be construed as a continuing waiver of the same or any other rights or remedies provided in these Terms and Conditions.

SEVERABILITY

If any part of these Terms and Conditions is held unlawful, void, unenforceable, or in conflict with any laws governing this agreement, that part shall be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.

Effective: March 31, 2017


PRIVACY POLICY

BY VISITING heybrandcrush.com, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

Short version:

  • We collect information that you provide to us and use it for the purpose that you provided it. (e.g., to send you emails, deliver your product)
  • We automatically collect information on your use of our website to provide you with more content you love.
  • We use cookies to improve this website. You can choose to accept or decline these cookies via your web browser.
  • We do our best to protect your information, but no Internet exchange can be guaranteed as 100% secure.
  • We do not monitor the policies of websites we link to and cannot be responsible for their practices.

Long version:

INFORMATION WE COLLECT

This Site collects the personal information on you in two ways:

Information you voluntarily provide to us, which may include:

  • email addresses used to subscribe you to the newsletter
  • name, address, and email addresses used to purchase services, packages, or offerings

The information you provide is used to process transactions, send periodic emails, and improve the service we provide.

We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

Information automatically collected by us, which may include:

  • Information collected by Google Analytics on searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information.
  • Information collected by Mailchimp on emails you open, links you click, IP address, and location.

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 user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

SECURITY

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.

THIRD PARTY LINKS

The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

MINORS

To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences by contacting us via email at brandcrushco(at)gmail(dot)com.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any material changes to this privacy policy by emailing you to the email address on file for all users who have provided us their email address.

CONTACT

If you have questions about our privacy policy, please email us at brandcrushco(at)gmail(dot)com.

Updated: March 2017