From time to time, our Website may contain features which enable you to submit or post content and material to the Website and/or submit directly to the Company. We prioritize the safety and environment of our Website and require that all your submissions comply with this Agreement.
All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Website grants the Company and our designees the right to use such material in any capacity for any purpose.
You understand and agree that you are solely responsible and liable for any submissions you make. The Company will not be held liable in any way for your submissions or posts.
Consent to Use.
By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this agreement.
Monitoring + Enforcement.
We value all user submissions, but we are unable to review all submissions, posts and materials before they are posted to the Website. Therefore, we cannot be held liable for the failure to remove objectionable submissions or posts from the Website. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the website for any reason without notice.
Additionally, you understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters or for other purposes in compliance with law enforcement agencies, court orders or appropriate directives. You agree that the Company will not be liable to you in any way for the disclosure of your identity or other information under the foregoing circumstances.
The Company reserves the right to take legal action against any user, person or entity who violates this Agreement.
User Content Guidelines. We care about providing a safe, inclusive space through our Website for users to gather online, share ideas, and consume helpful content.
We will not for any reason tolerate hate speech, sexually explicit materials, copyright infringements, or any number of things listed inside our Content Standards. Please review this list in its entirety before posting or interacting with any users or features on our Website.
User submissions are not allowed to:
- Violate any state, federal, or local laws and regulations or promote illegal activities.
- Violate any other person or entity’s intellectual property or legal rights.
- Contain or encourage any obscene, indecent, sexually explicit or violent material and/or acts.
- Contain any hateful, discriminatory or other objectionable content.
- Embarrass, stalk, harass, or harm another person.
- Misrepresent any person’s identity or organizational affiliation.
- Be used for any promotional or commercial purposes including advertising.
The Company’s guidelines for user submissions and interactions are intended to promote our community and Website’s safety. However, the Company is not liable for any content that is not in compliance with these Terms and guidelines.
If you see content that does follow these Terms, please inform us immediately so we can look into this issue and determine how to move forward. Together, we can keep our Website free of language and materials that are intended to hurt, harm, or infringe on the rights of others. Thank you.
We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk.
You understand and agree that the Website and its content is merely informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of our Website and its content.
External + Affiliate Links.
From time to time, we will link to external websites and sources that are outside of our Company for your convenience only. These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites nor do we have any access to making changes or amendments to them.
Geographic Limitations. The owner of the Website is based in the State of [your State] in the United States. We provide this Website for use only by persons located in the United States.
No Warranties + No Guarantees.
The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement. We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Website and its content. To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of use or access of the Company’s Website, content and any linked 3rd party Websites or content.
You understand and agree that the Company does not guarantee specific results, including financial or other business gains for you personally or for your business. The information included on the Website is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found on the Website.
Limitation of Liability.
The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your use of this Website, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.
This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.
Indemnification. You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, web content, services or any information contained therein.
In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Faulkner County, Arkansas. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.
Choice of Law.
This Agreement and the Parties’ relationship are governed by the laws of the State of Arkansas. In the event of conflicting laws, the laws of the State of Arkansas will control.
Severability + No Waiver.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.
Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.
We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Abby Powell Designs, LLC 5100 Barn Owl Cove, Conway AR 72034. Notices provided by certified mail will be effective upon actual receipt of the notice.
All legal notices including those related to intellectual property and copyright infringement claims should be sent by certified mail to the Company’s agent and mailing address located in this provision above.
All requests and other communications relating to the Website should be directed to: email@example.com.
Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.
Entire Agreement + All Rights Reserved.
In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersedes all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.