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Last updated: 9/11/2023

This Terms of Use Agreement (the “Agreement”) is a legally binding contract between FourSeven Creative, LLC, a limited liability company organized under the laws of the state of Texas (“FourSeven”), and the client, whether as an individual or representing an entity (“Client”), concerning the access and utilization of FourSeven’s website: https://tryarebrand.com/ (the “Website”) and any related media platforms, channels, mobile websites, or mobile applications. Failure to accept and adhere to all the terms, conditions, and obligations outlined in this agreement will result in the immediate prohibition of Client’s access to the Website. In such a case, the Client must discontinue use. The relationship between Client and FourSeven will cease, except for any outstanding payment obligations owed by the Client to FourSeven for services rendered.

1. Intellectual Property Rights

Unless explicitly stated otherwise, the Website is the property of FourSeven, and all elements, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos (“Marks”), are owned and controlled by FourSeven. They are protected by copyright and trademark laws, as well as any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as explicitly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without FourSeven’s express prior written permission. FourSeven reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding FourSeven’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause FourSeven to become the owner of a Project, in whole or in part, rather than the Client, FourSeven irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to FourSeven as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. FourSeven always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by FourSeven and require a commercial license to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), FourSeven will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as FourSeven has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences resulting from the failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, the Client represents and warrants that: The Client has the legal capacity and agrees to comply with these Terms of Use. The Client is not a minor in the jurisdiction of their domicile. The Client will not access the Website through automated or non-human means. The Client will not use the Website for any illegal or unauthorized purpose. The Client’s use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

The Client shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavors except those related to the work performed by FourSeven on behalf of the Client. Further, the Client agrees to refrain from the following: Make any unauthorized use of the Website. Retrieve data or content for the purposes of creating or compiling a database or directory. Circumvent, disable, or otherwise interfere with security-related features on the Website. Engage in unauthorized framing or linking of the Website. Trick, defraud, or mislead FourSeven or other users. Interfere with, disrupt, or create an undue burden on the Website or FourSeven’s networks or servers. Use the Website in an effort to compete with FourSeven. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website. Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof. Harass, annoy, intimidate, or threaten any of FourSeven’s employees, independent contractors, or agents providing services through the Website. Delete the copyright or other rights notice from any Content. Copy or adapt the Website’s software. Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material, including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism. Disparage, tarnish, or otherwise harm FourSeven. Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

6. Client Feedback

The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of FourSeven, and FourSeven is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. FourSeven shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”), and shall, at its sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client. The Client agrees that it has the right to articulate and put forth the Submission and hereby waives all claims and recourse against FourSeven for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight

FourSeven reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. FourSeven further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such a decision shall be in the sole discretion of FourSeven, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of FourSeven and shall be designed to protect FourSeven’s rights and property.

8. Privacy Policy

By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data to the United States constitutes express consent of the Client to the transfer and processing of data in the United States. FourSeven does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to FourSeven without parental consent, FourSeven shall delete that information as soon as reasonably practical.

9. Returns and Refunds

FourSeven reserves the right to deny refunds based on its own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by FourSeven are the ownership of the company and are prohibited from being used by the Client in any way. If a refund is deemed appropriate, there will be a 25% fee assigned to the remaining billable period. FourSeven reserves the right to take appropriate legal actions against the Client for breach of this paragraph.

10. Modification

FourSeven reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. FourSeven reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

11. Connection Interruptions

FourSeven does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond FourSeven’s control. The Client agrees that FourSeven shall not be liable to the Client for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the state courts of Richmond, Texas or in the United States District Court for the District of Texas. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

14. Disclaimer

The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services are at the Client’s sole risk. FourSeven disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FourSeven makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. FourSeven assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury, or property damage, of any nature whatsoever, any unauthorized access to or use of FourSeven’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. FourSeven does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

15. Limitations of Liability and Indemnification

FourSeven and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless FourSeven and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, FourSeven reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify FourSeven hereunder. The Client agrees to cooperate with the defense of such claims.

16. User Data

The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. FourSeven shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against FourSeven from any such loss or corruption.

17. Electronic Communications, Transactions, and Signatures

The Client hereby consents to receive electronic communications from FourSeven, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by FourSeven or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

FourSeven reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and FourSeven, which in turn would void the right of FourSeven to share or discuss the Client’s work publicly.

19. Miscellaneous

These Terms of Use, along with any policies published on the Website or pertaining to the Website, constitute the complete agreement and understanding between the Client and FourSeven. Failure by FourSeven to enforce any right or provision of these Terms of Use shall not be considered a waiver of such right or provision. If any part of these Terms of Use is found to be unlawful, void, or unenforceable, that specific provision shall be removed from these Terms of Use, but it shall not affect the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website should be interpreted as forming a joint venture, partnership, employment, or agency relationship between the Client and FourSeven.

20. Contact Information

For any inquiries or concerns related to the Website, please reach out to FourSeven at: hello@tryarebrand.com.

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