agreement.htm

H J Design, Inc. is a full-service advertising, marketing firm specializing in sales and marketing, materials, and business solutions. We understand that from time to time you may engage H J Design, inc. for any of these services. H J Design will provide these products or services with the following terms.

 

Return & Exchange Policy: All sales are final, and no refund or exchange will be given. All services, items, and products are sold as is.

 

Acceptance: In the event the customer responds to this estimate verbally, with a payment method, email, text or app, approval, purchase order, agreed upon location or date and time, delivery, attempted delivery, or any attempted transfer of possession, constructive, actual, registration, and cession delivery or other form of acceptance.

 

Limitation of Damages: In no event shall H J Design, Inc. be responsible to the customer or any third party for any damages and the customer assumes full responsibility and hereby releases H J Design, Inc.

 

Disclaimers of Warranties: H J Design, Inc. provides goods and services without warranty or guarantee. H J Design does not express, implied, and disclaims any warranty or merchantability or fitness for a particular purpose or demographic. 

 

Responsibility: In no event will we or our directors, employees or agents be liable to you or any third-party for any direct, indirect, consequential, exploratory, incidental, special or punitive damages, including loss of profit, loss of revenue, loss of data, or any other damages arising from your use of services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein.


Indemnification: You agree to defend, buy, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorney, fees, and expenses, made by any third-party due to our arising out of the services.

Customer releases H J Design, Inc. from any responsibility and liability for circumstances brought on or directly concerning usage copyright, trademarks or content of commercials, talent, stock photography or manipulation thereof, photography scans, video, audio proofing, printing, downloading of files and their end use, and customer’s breach of terms with any vendor or company. Do not transmit confidential information or any information you do not want released to the general public through email, websites or hosting. H J Design in no way responsible for information security any websites created are for public viewing and that websites may not be secure. Site contains services, products, and links to resources on the Internet. Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including its materials, products, or services, or third-party materials, products, or services made available through the site, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user. This web site contains advertising and prior results do not guarantee a similar outcome. In some jurisdictions this site may be considered advertising. Website and links are not reviewed, controlled, or examined by our Webmaster or hosting facility. They are not responsible for the information, advertising, products, resources, performance of any product represented, services rendered, other materials or services represented or content of this site or any other marketing or advertising. Site webmaster, hosting facility or any other third party, disclaims all liability in respect to any performance of any product represented, services rendered. registered trademark, trade name, logo, legal, official seal, copyrighted symbol, copyright trademark actions, or lack thereof based on this website or any third-party site. The website creator, hosting company. sponsors, or any other vendors, are affiliated or associated with this site are not legally liable for links provided on this website. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

 

Electronic Communications Transactions and Signatures: Visiting the services, sending us emails, completing online forms or app or text message constitute electronic communications. You must consent to receiving electronic communications, and you agree that all approvals, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any of the requirement such communication be in writing. You here by agree to use of electronic signatures, contracts, agreements, orders, and other records, to the electronic delivery of notices, policies, and records of transactions in a graded or completed by us or via the service you hereby wave any rights or requirements under any statutes and regulations, rules, ordinance, or other laws in any jurisdiction, you wave any rights or requirements under any statutes and regulations, rules, ordinance, or other laws in any jurisdiction, which requires an original signature or delivery or retention of non-electrical, electronic records, or two payments, or the granting of credits by any means other than electronic message. You hear by way of any, and all differences you may have based on electronic form of these legal terms, and the lack of signed by parties here to two exclude these legal terms.

 

Corrections: there may be information on the service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, timing, due dates, and Friday of other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change, or update the information on the services at any time without prior notice.

 

Payment and Fees: All amounts are due and payable online, credit card, debit card, bank transfer, ACH. All orders are to be paid in advance. The foregoing payment terms are not subject to change for any reason unless in writing by Hj Design, Inc.  You authorize H J Design, Inc. to charge the amount due to your debit, credit card, bank account on file without further authorization. You agree that there are no refunds for product and services purchased.

 

Disclaimer: The services are provided on an as is and as available basis. You agree that your use of services will be at your own risk. To the fullest extent, permitted by law, we displaying all warranties, express or imply, in connection with the services and or use, thereof, including without limitation, we make no warrantees or representations about the accuracy or completeness of the services Content, or the Content of any website or description of services. We will assume no liability or responsibility for any error’s mistakes or an accuracies of materials, personal injury, or property damage.

 

Time of Performance: H J Design, Inc. will complete the services or provide the products in our regular course of business, subject to Acts of God and unavailability of materials and staff support.

 

Use of Artwork or Production: The work performed by H J Design, Inc. is for inspection only. The customer may not use the files, art or products provided by or through H J Design, Inc. in any manner whatsoever until the invoice for generating such files, artwork or products are paid in full. Regardless of delivery or payment, all files, artwork, or products generated by H J Design, Inc. are controlled and owned and copyrighted by H J Design, Inc. The files, artwork or products cannot be output or reproduced in any way, including copy reproductions, sketches, photostat, mock-ups, specialty items, emails, internet usage, marketing, marketing materials, signage, etc. except in accordance with the terms hereof. This provision cannot be waived unless approved in writing by H J Design, Inc. All art may be used at any time for H J Design, Inc.’s marketing purposes.


Modifications and interpretations we reserve the right to change, modify, or remove the contents of the service, and any time for any reason in our sole discretion without notice however, we have no obligation to update information in our services, and will not be liable to you, or any third-party for any modification price change, suspension or discontinuing of service. We cannot guarantee the services will be available at all times. We may experience hardware, software, personnel, contract or, licensing or permitting, or other problems, or need to perform maintenance related to the services, resulting in interruptions, delays, or errors or acts of God. We reserve the right to change, revise, update, suspend, discontinue, or otherwise, modify the services at any time for any reason, without notice to you. You agreed that we have no liability whatsoever for any losses, damage, or inconvenience caused by your inability to access, or use the products or services during any downtime or discontinue of the services. Nothing in these legal terms will be construed to obligate us to maintain and support the products, services or to supply any corrections, updates, or releases in connection there within.

 

Termination: Either party may terminate this agreement at any time, by notice to the other party in writing. In the event of early termination by H J Design, Inc., the customer shall pay to H J Design, Inc. an amount equal to all purchases and cost incurred in preparation for or in performance of this agreement. In the event of early termination by the customer, the customer shall pay to H J Design, Inc. an amount equal to all purchases and cost incurred in preparation for or in performance of this agreement. and all profit, which H J DESIGN, INC. would have earned, by performance of this agreement or missed opportunities. Upon termination, H J Design, Inc. shall invoice the customer for the amount due upon receipt, debit card or bank account.

 

Governing law: These legal terms shall be governed by and defined following the laws of Missouri and yourself, irrevocably consent that the courts of Kansas City shall have exclusive jurisdictions to resolve any disputes, which may arise and connection with these legal terms.


Arbitration: A material part of this agreement is the agreement to arbitrate any disputes. Any and all disputes related to this agreement, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in Kansas City, Missouri pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any arbitration decision rendered may be entered in the highest court having jurisdiction. The interpretation of this agreement shall be governed by the laws of the state of Missouri. The customer or 3rd party shall reimburse H J Design, Inc. for all costs related to the arbitration, including, without limitation, legal fees, filing fees, plus interest as provided above.

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