Humming Soul Creative LLC (“Company”, “us,” “we” or “our”) owns and operates hummingsoulcreative.com (“Website”). Please read these Terms of Use (“Terms”) carefully before using this website.

By using this Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. These Terms apply to all visitors, users and others who access the Website. If you disagree with any part of the Terms, then you may not access the Website.

1. WEBSITE
We sell products and services on this Website. As a condition of purchasing and participating in the Website, you agree to be bound by all the policies and procedures set out in these Terms, including those incorporated by reference.

By purchasing a digital product on this Website, you agree to the following terms:

The images used on templates are for demonstration purposes only. You must have the proper license to use any content given. Images provided on our templates are provided from free online stock websites, however we cannot guarantee they will always be free of use. Images provided should never be used for your own website, and we are not liable for any images you add to your website. We hold no liability for any image licensing/copyright issues that may occur through your unlawful use of the supplied images.

By purchasing a template from us, you agree to display the appropriate credit on the footer (Website Template by Humming Soul Creative) with an active hyperlink to the Humming Soul Creative website.

Due to the digital nature of our products, no refunds or exchanges are available.

Each template purchase may be used for only one website. If you would like to use the template on more than one website, you must purchase a separate license for each project.

As part of the Website, the Company shall provide you:

A Password Protected Account Area: The Company may make digital products available through a private Area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, digital downloads, and other training and support materials. You shall have access to this Account Area for as long as the Account Area exists. In the event that Company intends to close the Account Area, it shall provide you with a 30-day notice.

2. DISCLAIMER
The Company’s Terms and Conditions, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Website.

You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Website. You understand that a relationship does not exist between the parties after the conclusion of this Website. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.

3. PAYMENT
In consideration of your access to the Website, you agree to pay the following fees:

A) You must pay the balance reflected on the sales checkout page (due immediately).

or

B) You may choose between a single payment reflected on the sales checkout page (due immediately) or 3 monthly payments. By choosing the payment plan option when checking out, you are required to complete your plan, or it will be considered theft and further legal action will be taken. You hereby authorize my continued access to your financial and contact information information stored by my third party financial processing company Stripe until your payment plan is complete. All outstanding payments will be automatically taken from your account as stated in the invoice. You must ensure the payment method you are using does not expire within this timeframe and that you have enough money to cover all remaining payments. Humming Soul Creative reserves the right to lawfully recover any outstanding monies owed. After 30 days of a late payment, We reserve the right to send You to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

4. REFUND POLICY
Due to the digital nature of our products, no refunds or exchanges are available for this purchase. Please review the template product page, live demo, FAQs, and policies prior to purchase. If you have specific questions not answered in the sales materials, please contact us.

The Company reserves the right to refuse delivery of any product to any customer for any reason. If delivery is refused after payment is made, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. The Company is not responsible for any foreign transaction or currency exchange fees.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at hello@hummingsoulcreative.com.

5. CONFIDENTIALITY
The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy. As a condition of participating in the Website, You hereby agree to respect the privacy of other Website participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Website participants outside of the bounds of the Website, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Website contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Website with anyone other than the Company, its owners and employees, and other Website participants.

6. INTELLECTUAL PROPERTY
All content included as part of the Website and its products, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Website are the trademarks of their respective owners.

Your participation in the Website does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Website, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the digital products You purchased for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the product, in whole or in part. By purchasing, You further agree that You shall not create any derivative work based upon the products from the Website and You shall not offer any competing products or services wholly based upon any information contained in the products.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to the Website will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law.

Company, its contractors, or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the products on the Website. You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of Company in any type of copyright, trademark, or patent infringement proceeding. Your failure to comply with this prohibition constitutes infringement of the materials at issue.

You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by You of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.

7. LICENSING
Each template purchase may be used for only one website. If you would like to use the template on more than one website, you must purchase a separate license for each project.

8. CUSTOMER SUPPORT
The company offers 30 days of email support beginning on the date of purchase. This covers tech issues relating to the template itself, including the transfer process, the template files, and customization.

Email support does not cover general Squarespace questions, code modifications beyond the custom code already installed on the template, personalized guidance on template usage or design strategy, or issues related to software use.

9. TEMPLATE INSTALLATION
Included in the purchase price is installation of a new website pre-loaded with the demo version of the template on your Squarespace account. With your cooperation, and short of disaster (medical emergency, natural disaster, act of war, etc.), this will be done within 2 business days of purchase.

10. INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide You with access to the Website, for information and educational purposes. The information contained in the Website, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

11. FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.

13. MISCELLANEOUS
You agree to hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Website and/or any information and resources contained in the Website. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website.

The information, software, products, and service included or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information in the Website. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Website or any portion of it, your sole and exclusive remedy is to discontinue using the Website.

14. ASSIGNMENT
You may not assign this Agreement without the express written consent of Company.

15. MODIFICATION
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages You to periodically review the Terms to stay informed of our updates.

16. TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, if You become disruptive to the Company or other Website participants, if You fail to follow the Website guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and related services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.

18. RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in Baltimore, MD. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

19. INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.

20. OTHER NOTES
The term “Squarespace” is a trademark of Squarespace, Inc. This website and its products are not affiliated with Squarespace, Inc.

Contact us if you have any questions.