Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using sandnstraw.com (hereinafter referred to as the “Site”).
The Site and its content are owned by Sand n Straw LLC. (hereinafter referred to as “Sand n Straw.”). These Terms & Conditions are published to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read them. These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph 18 and voluntarily waive your right to a jury trial. If you have any questions, please contact april@sandnstraw.com.
By proceeding on the Site, you hereby agree to the following:
1.
DEFINITIONS
“Company”, “We”, “I”, “Our”, or “Us” means Sand n Straw. and our website, sandnstraw.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Sand n Straw. and/or sandnstraw.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Sand n Straw. and/or on sandnstraw.com, including, but not limited to, blog posts,
graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other
things, your name, address, email address, telephone number, credit card information, site behavior, etc.
“Site, Courses, Services, and/or Products” means Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, design services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials and/or templates available on the Site.
“Site” means sandnstraw.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2.
CONSENT
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions and our Privacy Policy. By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
3.
SITE RULES
By using the Site and/or making any Purchase, you hereby agree & consent not to: Abuse or harass any person through or on
the Site. Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that
infringes our intellectual property rights or those of another person, website, or company. Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site. Post or transmit any “spam” or unwanted, unsolicited content. Post copyrighted materials, photographs, or content which do not belong to you. Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us. Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
4.
DISCLAIMER
By using the Site, you understand that our Content is for informational and educational purposes only. Affiliate disclosure From time to time, we link to products or services we love using affiliate links. This means that we may receive a small percentage or fee for referring you to any product you may purchase from one of those sites. These small fees help sustain our small business and we truly appreciate your support.
We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Sponsored posts We may feature sponsored blog posts. If we do, we will clearly state that the post is sponsored and by whom in the post. While we are committed to only featuring sponsored content from companies or products we have tried and loved, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services. You should use them at your own risk and make all the appropriate investigations you need to on your own to feel comfortable using them. Please feel free to email april@sandnstraw.com if you have any questions about our sponsored posts.
5.
YOUR CONSENT TO THESE TERMS & CONDITIONS
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6.
CHANGES TO THESE TERMS & CONDITIONS
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
7.
LINKS TO THIRD-PARTY OR EXTERNAL WEBSITES
Our Site, Courses, Services, and/or Products may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with,
the external website’s privacy policy or terms & conditions.
8.
INTELLECTUAL PROPERTY OWNERSHIP
The Site and its Content are intellectual property solely owned by Sand n Straw. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9.
OUR LIMITED LICENSE TO YOU
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written,
created, drafted, invented, and developed by us after a significant investment of time, money, education and effort. We take the protection of our Site, Courses, Services, and/or Products very seriously. You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy,
or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
10.
YOUR LICENSE TO US
By commenting on the Site, or submitting documents to Sand n Straw. via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11.
PURCHASE & ACCESS TERMS
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12.
SHARING THE SITE & ITS CONTENT
You must request and receive written permission (email april@sandnstraw.com) before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You
are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Sand n Straw.
13.
NO CLAIMS MADE REGARDING RESULTS
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
14.
DISCLAIMER: NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ARE BEING MADE
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “as is” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15.
YOUR RELEASE OF US
By using the Site or Purchasing, Downloading, or using Sand n Straw.’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Sand n Straw., its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16.
ERRORS & OMISSIONS
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Sand n Straw. does not and cannot warrant, represent, or guarantee that such
information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
17.
OUR REFUND POLICY
We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for services already rendered or products already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience more pleasant, please email us at april@sandnstraw.com.
18.
ARBITRATION CLAUSE
If you have any complaint or should any issue arise in the use of the Site or Sand n Straw.’s Courses, Services, and/or Products, please contact us directly first by emailing us at april@sandnstraw.com. However, if we are unable to amicably
resolve your dispute in that manner, you agree that you and Sand n Straw. shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s rules. By agreeing to this term, you hereby agree and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Pleasanton, CA. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Sand n Straw. for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19.
CONSENT TO GOVERNING LAW
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.
20.
CONSENT TO JURISDICTION
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
21.
CONSENT TO SERVICE
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of California for such persons, and you waive any objection which you might otherwise have to service of process under
the laws of the State of California.
22.
PAYMENT & PURCHASES
When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Sand n Straw permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. If you elect the installment or “pay over time” option at checkout, you agree that Sand n Straw. has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout. If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control
which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your
Purchase or use of our Site and its Content.
23.
LIMITATION OF LIABILITY
Sand n Straw. is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you.
Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. In no event shall we be liable to you for any indirect, special, exemplary, or consequential damages.
24.
DEFENSE & INDEMNIFICATION
You shall, at all times, indemnify, defend, and hold harmless Sand n Straw. and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Sand n Straw. (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
25.
TERMINATION OF YOUR USE
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, or any other terms to which you have agreed to.
26.
ENTIRE AGREEMENT
These Terms & Conditions and our Privacy Policy constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
27.
SEVERABILITY
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause
herein.
28.
YOUR PRIVACY & SECURITY ON THE SITE
Please read our Privacy Policy regarding how we handle your personal information.
29.
CONTACT
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
Sand n Straw
Website: sandnstraw.com
Email: april@sandnstraw.com