DanielleBaird.com is a graphic design and marketing firm’s website that provides information about our team, our services, and graphic design and branding training and coaching (collectively, the “Service”).
Acceptance of Terms
You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Company. For information on requesting such permission, please contact us at email@example.com.
Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Danielle Baird 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 Service, violate any laws in your jurisdiction.
Limitations on Use
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
After completion of the registration data and creation of your username, you will create your own password. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Company immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Company shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
Use License of Digital Downloads
Permission is granted to temporarily download one copy of information, tools and resources on Danielle Baird’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Upon registration, you hereby acknowledge that by using Company to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you that you send through our network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Company shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Company are provided as resources to customers looking for additional information and/or professional opinion. Company does not assume responsibility for the claims and/or representations made on these or any other websites.
By making a purchase on this website, and submitting your order, you are agreeing to pay the listed price in full. You authorize Danielle Baird to charge your credit or debit card, or cash your check, as payment for your product or service. Furthermore, you agree that you are responsible for full payment of fees for your order, regardless of whether you actually use the product or all of the service hours purchased on retainer.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial 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.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
User understands and agrees that if you have been extended a generous payment plan option, your subscription for services is a monthly recurring charge billed every 30 days.
Client hereby understands and agrees that if recurring payment is skipped, declined or late, all services will cease immediately until payments have been reinstated. A reinstatement and team energy fee of $75 will be charged to all accounts that are delinquent for more than 10 days.
We are committed to providing all clients with excellent service. By making your purchase, you agree that the Company may, at its sole discretion, limit, suspend, or terminate your services without refund or forgiveness if you become disruptive or difficult to work with before or during your service term, if you fail to provide us with information or materials necessary to perform such services, or if you impair our team members from performing their duties in any way.
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Minimum 48 hour notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’, or any other means will be accepted subject to confirmation in writing.
Return and Refund Policy
Services: Client understands that payments made are not refundable. Services are considered rendered at the time of payment, as extensive planning, strategizing, designing and setup has been delivered in advance that cannot be returned.
Physical Products: 100% Moneyback guarantee is for 30 days only. Refund is for the price of product only and does not include shipping and handling. In order to request a refund, please email us at firstname.lastname@example.org.
Digital Products: Due to the non-returnable nature of digital products, all sales are final.
Products shipped by Company may be shipped by USPS Standard or by any other method in the discretion of Company. A shipping charge will be imposed.
- Orders shipped to PR will have a 6.6% duty tax.
- All orders require at least 24-48 hours processing time before shipping.
- Company does not process orders during weekends.
- No deliveries will be made on Saturday or Sunday.
- Company does not guarantee same-day shipping.
- Exact delivery times to any location cannot be guaranteed.
Product orders placed through FineArtAmerica.com, CafePress.com, and Zazzle.com are shipped by those respective companies. Please refer to their individual policies regarding shipping.
Sales tax is only required for orders shipping within our resident states of business. Therefore all orders shipping within California will be charged applicable sales tax according to your area’s tax rate.
Third Party References / Hyperlinks
This web site and the Service may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Company, and you acknowledge that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.
Information You Submit
You hereby warrant that any information you submit to Company through this web site (via comments, forums, forms, groups, membership area, etc.) is owned by you and that you have the necessary authority to submit such information. You hereby grant Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Company.
Company retains the right to display the artwork created for client in marketing materials to showcase their work and expertise. Company also retains the right to share case studies of strategies implemented for Client. Company may use items in marketing materials, including but not limited to: website portfolios, videos, presentations, brochures, photographs, social media image galleries, articles, blogs, social media platforms, etc. Client may request in writing to retain privacy and anonymity if they choose.
You further agree that you shall not submit or transmit any content through this web site or to Company that is:
- Obscene, vulgar, or pornographic;
- Encourages the commission of a crime or violation of a law;
- Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;Infringes the intellectual rights of a third party;Is otherwise offensive or inappropriate based upon the type of content and information provided by Company and/or third parties on this web site;
- Harass, stalk or otherwise abuse another user;
- Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
- causing harm to minors in any manner whatsoever;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any Company Services, servers and/or networks that may be connected or related to our website, including but not limited to the use of any device software and/or routine to bypass the robot exclusion headers;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
Company reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Company’s sole discretion, without liability or warning to you.
Company reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Company harmless from any consequences or actions taken by Company in cooperation with such law enforcement investigation or court order.
User Public Forum Submission/Participation Policy and Terms
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities, Facebook Closed Group, and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Your Participation/Contribution Requires Consideration: Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
Confidential Obligations: You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you may have entered into an agreement with Company that requires you to maintain the confidentiality of certain material or information of Company. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which Company has required you to preserve as confidential.
Grant of Rights: To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of Company or other information you are required to preserve as confidential by Company, then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor: Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in Company’s sole discretion.
No Obligation to Remove: Company is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Company with differing terms or Company has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
No Endorsement: Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
If you need to contact us, you can email us at email@example.com, call us at (323) 545-6730, or send us a letter to P.O. Box 56212, Sherman Oaks, CA 91423.
Hours of Operation
Customer Service Hours are 9am-5pm Pacific, Monday through Friday. We are closed for all US Holidays.
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Earnings and Income Disclaimer
The information contained in these Materials and Services are strictly for educational or informational purposes. The testimonials and examples used in our marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including industry, services and products offered, competitive position in the marketplace, etc. Therefore, if you wish to apply ideas contained in these Materials, you are taking full responsibility for your actions and are assuming all risks associated with same.
My business revolves around my users, readers, and customers trusting me, so I want to be crystal-clear about my policy on monetization. I earn money in several ways via this site and my associated sites, including:
- Selling direct products
- Affiliate commissions
- Text ads
- Public speaking
Some of the affiliate programs include (but are not limited to) SamCart, eJunkie, and Amazon.
For affiliate and partnership links, I recommend products I have analyzed and/or used extensively. For text ads, I do not test and/or analyze their products.
On my blog, I do not accept paid posts. On my email list, I will occasionally post sponsored content and clearly label it as such.
If I find that a product I have recommended is not satisfactory, I will post an update to my readers.
If you have any questions about my monetization policies, please contact me.
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, DANIELLE BAIRD 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 DANIELLE BAIRD 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 DANIELLE BAIRD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DANIELLE BAIRD, AND IF NO PURCHASE HAS BEEN MADE BY YOU DANIELLE BAIRD’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You agree to indemnify and hold Danielle Baird and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Severability and Integration
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. Rainmaker Digital and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Los Angeles County, California. 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.
We respect your privacy and confidential proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) as a Client, and we must insist that you respect the same rights of the Company.
By making purchase, you agree (1) not to infringe any Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion during your program.
By making purchase, you further agree that (4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and (5) the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this section, the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Graphic Design and Illustration
The Client unconditionally guarantees that any element of text or graphics furnished to Company for inclusion in designs do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Company from any claim or suit arising from the use of such as furnished by the client.
The Company makes every effort to produce original artwork. If, however, we create artwork for you which accidentally infringes on any existing trademarked artwork, the Company’s liability is limited only to a refund of the paid amount for design. Company will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image. The Company and its representatives will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Updated: May 2021