BY VISITING WWW.BUNGALOWCREATIVE.CO, YOU ARE CONSENTING TO OUR TERMS & CONDITIONS
The terms “we,” “us,” and “our” refer to Bungalow Creative and Julia Dennis. The term the “Site” refers to www.bungalowcreative.co
. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.Use of www.bungalowcreative.co
, including all materials presented herein and all online services provided by Bungalow Creative, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.Use of the site + services
Information provided on the Site and in the Service related to Business and other information are subject to change. Bungalow Creative makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Bungalow Creative disclaims all liability for any inaccuracy, error, or incompleteness in the Content.Refusal of services
Bungalow Creative reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Bungalow Creative may at any time change or discontinue any aspect or feature of the Site or Service.Order confirmation
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion.Refund Policy
All digital product sales are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. If you’re on the fence about whether or not something would be a good fit for you, please send us an email
before you purchase and ask all the questions you’d like.Product Descriptions
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.Guarantees
Please note: We use industry standard best practices in digital marketing to produce real results for real clients. However, our previous success for other clients does not guarantee the success of your business advertising. Facebook®, and Instagram® are third-party companies that we do not control. Additionally, your budget, business model, strategies, branding and tactics may impact results. All of our clients must comply with Facebook's Community Standards & Advertising Policies.Intellectual Property
All content provided on the Site and in the Service are the intellectual property of Bungalow Creative. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.Limitation of LiabilityYou 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, Bungalow Creative 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 Bungalow Creative 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 Bungalow Creative's cumulative liability to you exceed the total purchase price of the Service you have purchased from Bungalow Creative, and if no purchase has been made by you Bungalow Creative's cumulative liability to you shall not exceed $50.Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Bungalow Creative. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.Governing Law + Mediation
The laws of Connecticut govern all matters arising out of or relating to this Agreement, including torts.If any controversy or claim arises between the you and Bungalow Creative, or the Agreement is breached, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause:a) The party must inform the other party in writing of the following:i. the nature of the dispute;ii. the outcome they desire to resolve the dispute, andiii. the action they believe will settle the dispute.b) On receipt of the notice by the other party, both parties will make every effort to resolve the dispute by mutual negotiation within 20 Business Days.c) If the parties are unable to resolve the dispute in that time, the dispute will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other] Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.All communications made by the parties arising out of this dispute resolution clause are confidential and to the maximum extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.Cookies
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.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.