Site Use Terms & Conditions Updated: August 24, 2020
PLEASE READ THESE TERMS CAREFULLY
1. FORCE MAJEURE.
A. No party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in paragraph (B) of this Article, on condition that such party complies with the conditions in paragraph (C) of this Article.
B. A Force Majeure Event shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemic; quarantine; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing.
C. Upon occurrence of a Force Majeure Event, the non-performing party shall promptly notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance, including its expected duration. The non-performing party shall furnish the other party with periodic reports regarding the progress of the Force Majeure Event. The non-performing party shall use reasonable diligence to minimize damages and to resume performance.
2. CANCELLATION AND RESCHEDULING POLICY. Please be advised that you can cancel your session up to 48 hours before the scheduled service via email will be processed without a penalty.
Cancellations made 48 hours or less before the scheduled service will be subject to a charge of $150. This includes appointments where service provider is unable to access the property, is turned away, or the client is unavailable.
As a courtesy, your appointments are confirmed electronically the day before your scheduled appointment by email and/or text messaging from our online appointment scheduling software because we know how easy it is to forget an appointment you booked months ago. From this confirmation email, you have the option of the following without a charge:
• Confirm your appointment from the link provided in the email; • Reschedule/change/modify your appointment from your online account; • Cancel your appointment from your online account; • Respond back by email with any changes or issues; • Call our office number which is provided in the email for customer service;
Alternatively, you can use:
If you are late for your scheduled session, it will shorten your time and service provider is not obligated to make up the time.
If you are a “no-show”, service provider will not refund your money and you will be charged 100% of the service amount.
All sessions must be used within one calendar year of purchase.
All websites and brand design services must be used within 6 months of signing the contract.
Services rendered including consulting, coaching, design and branding services, are not refundable. All projects require a non-refundable retainer to begin and the balance is due once the project is complete and before the final assets are delivered. Should a client choose not to complete a project, the entire project fee is still due.
4. REPRESENTATION OR WARRANTIES DISCLAIMER
The information on igniteyoursoulbrand.com is “as is” and makes no representations or warranties, express or implied, with respect to the content provided on this website or on any third-party website which may be accessed by a link from this Web site, including any representations or warranties as to accuracy, timeliness, or completeness. Ignite Your Soul Brand will not be liable for any losses, injuries, or damages from the display or use of this information.
5. OMISSIONS, ERRORS OR MISTAKES DISCLAIMER
All information on this website is accurate and true to the best of Ignite Your Soul Brand’s knowledge, but that there may be omissions, errors or mistakes. Ignite Your Soul Brand is not liable for any damages due to any errors or omissions on the website, delay or denial of any products, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures or misuse of information or products.
6. EARNINGS DISCLAIMER
Ignite Your Soul Brand may report earnings and income statements from time to time. These statements are an estimate of what you could possibly earn. There are no guarantees that you will get the same results. There is no guarantee that past earnings can be duplicated in the future. Ignite Your Soul Brand cannot guarantee your future results or success. The use of the information, products, and services is based on your own actions and you agree that Ignite Your Soul Brand, advertisers, or sponsors are not liable for the success or failure of your business.
7. TESTIMONIALS DISCLAIMER
The testimonials, statements, and opinions presented on igniteyoursoulbrand.com are applicable to the individuals who wrote it. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products or services, or any benefits in exchange for their statements. The testimonials are representative of client experiences but the exact results will be unique and individual to each client.
8. COMMENTS DISCLAIMER
Ignite Your Soul Brand welcomes comments on blog posts. All comments submitted to igniteyoursoulbrand.com are the opinions of the author and do not necessarily reflect or represent the views, policies or positions of Ignite Your Soul Brand. Ignite Your Soul Brand reserves the right to use its own discretion when determining whether or not to remove offensive comments or images.
Ignite Your Soul Brand does not write sponsored posts or accept free products for review. All thoughts and opinions written by Ignite Your Soul Brand is our own. Any products or services listed on this website have been purchased by Ignite Your Soul Brand and Ignite Your Soul Brand uses it and thinks it’s high quality.
11. SITE CONTENT
Ignite Your Soul Brand exclusively owns and controls the Sites, which provides information about our products and services and may, from time to time, provide access to educational materials pertaining to brand strategy, branding, web design, online business and marketing, etc. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, video or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $250 per incident for any unauthorized use of our content you are responsible for, at the sole discretion of Ignite Your Soul Brand.
12. INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and Ignite Your Soul Brand, Ignite Your Soul Brand owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. Our name, Ignite Your Soul Brand and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.
13. THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Ignite Your Soul Brand either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
14. LINKING TO OUR SITES
Anyone linking to this site must comply with all applicable laws and must not: (i) misrepresent its relationship with Ignite Your Soul Brand; (ii) present false or misleading information about paigebrunton.com; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
15. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. IGNITE YOUR SOUL BRAND, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR USE OF THE SITE IS BORNE BY YOU.
PLEASE ESPECIALLY NOTE: Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
LIMITATION OF LIABILITY: We are only liable for damages incurring from intent and gross negligence but we assume no liablity for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
PLEASE NOTE: The above mentioned exclusions and limitations of liability do not apply in case of damage of life, body and health.
16. CHOICE OF LAW AND JURISDICTION; VENUE
The exclusive place of jurisdiction for all disputes arising between us and you is our place of business, that is Asheville. Our legal relationship shall be governed by the laws of North Carolina.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NORTH CAROLINA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
17. YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: firstname.lastname@example.org. Thank you for visiting the Site!
18. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT
We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. The modified terms and conditions will accessible to you at https://igniteyoursoulbrand.com/terms-and-conditions. If you have any questions, please contact us directly at email@example.com
In our online shop you can make use of the following payment methods:
If you choose to pay in full or pay with a payment plan, you may use the option to pay by credit card.
By submitting the order, you also submit your credit card details.
After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.
If you choose to pick the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the terms further outlined below. If you choose to purchase with the payment plan option, Ignite Your Soul Brand retains the right to suspend access to any program if payments are not made when they are due. Further, if at any time there is a past due payment, access to the program will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, as necessary and reasonable, on any outstanding balance.
During your order you will be redirected to the PayPal website. In order to pay the invoice amount via PayPal, you must be registered with PayPal. After placing your order in the shop, we submit a request to PayPal to initiate the payment. The payment transaction will then be immediately carried out automatically by PayPal.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
20. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Ignite Your Soul Brand and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Ignite Your Soul Brand will prosecute such misconduct to the fullest extent permitted by law.
Ignite Your Soul Brand provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Ignite Your Soul Brand’s rights or that has not been authorized by Ignite Your Soul Brand. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Ignite Your Soul Brand, the Products, or the Product Content, or infringe on any of Ignite Your Soul Brand’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Ignite Your Soul Brand and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF IGNITE YOUR SOUL BRAND AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Ignite Your Soul Brand (the “Ignite Your Soul Brand Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Ignite Your Soul Brand. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Ignite Your Soul Brand Trademarks inures to our benefit.
21. LIMITATION OF LIABILITY
We are liable for intent and gross negligence but we assume no liablity for slight negligent breach of contract in respect of other than essential contractual obligations. Essential contractual obligations are obligations that are crucial for the purpose of the contract. The liability for damages for the violation of essential contractual obligations shall be limited to foreseeable damages typical for the contract.
EXCLUSIONS AND LIMITATIONS OF LIABILITY DO NOT APPLY IN CASE OF DAMAGE OF LIFE, BODY AND HEALTH. The liability pursuant to the product liability law remains unaffected.
Data communication via internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee constant and continuous availability of our online systems.
22. BINDING EFFECT
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto. The Parties have no right to assign this Agreement without the explicit permission of the other Party.
Ignite Your Soul Brand is committed to providing all customers and clients with a positive experience. In the event of a breach of this Agreement by you Ignite Your Soul Brand in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or your participation in program without refund; and/or, in case the breach of contract is so serious that it is unacceptable for Ignite Your Soul Brand to go on with the contractual relationship, (b) terminate this Agreement.
To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.
25. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of Ignite Your Soul Brand’s intellectual property rights and confidential and proprietary information by you, Ignite Your Soul Brand will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Ignite Your Soul Brand may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.
You agree on the personal and subject-matter jurisdiction of the court being competent under North Carolina for the location of Ignite Your Soul Brand’s business, located in Asheville, NC for purposes of any such action by Ignite Your Soul Brand.
26. COMPLIANCE WITH LAW
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
27. NO WAIVER
If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
28. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.