Digital Products: Terms & Conditions
**Terms & Conditions ("TC")**
These Terms & Conditions (“TC”), together with our Terms of Use, set out the terms and conditions that will apply when you purchase a service or digital product or enroll in an online course from www.huckcreative.co. If you are unable to understand or have any questions about these Terms, please contact us BEFORE placing your order.
You will be required to confirm that you have read and accept these TCs before you submit an order. Please note that these TCs are subject to change, so review and save or print a copy of these terms before each order that you submit.
**DEFINITIONS**
- **Digital Product**: Any digital material, including templates, courses, and downloadable resources.
- **Services**: Any design, consulting, or coaching provided by Huckleberry Creative.
- **Client/You**: The person or entity purchasing from Huckleberry Creative.
- **Huckleberry Creative/We/Us**: The seller of the digital products or services.
**OVERVIEW**
These TCs do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer products and services.
**ORDER AND ACCEPTANCE**
Each order submitted constitutes an offer to purchase a digital product or online course from us. Orders are subject to our acceptance, and we may, at our discretion, refuse to accept your order, including where:
- Orders cannot be processed due to an error in the information you have provided to us;
- There is an error on our site relating to the product or course that you have ordered, for example, an error relating to the price or description of the product/course as displayed on our site; or
- The product/online course that you have ordered is no longer available through our site.
We will send you an email confirming our acceptance of your order. Until you receive such confirmation, we reserve the right to reject your order for any reason, including suspected fraud. Only when payment is received and an order confirmation is sent shall a binding contract be formed.
**PRODUCT AVAILABILITY**
We will have the right, at any time, to make changes to information about the products/services displayed on our site, for example, information about prices, descriptions, or the availability of products/courses, and we may do so without first giving you notice of the changes. We are not liable for any discrepancies or inaccuracies regarding product/service descriptions, availability, or pricing. We reserve the right to correct any errors or omissions. We will not, however, make any changes to the price, availability, or description of any product/service after we have accepted an order to deliver the product/online course to you.
**PAYMENT TERMS**
If a payment plan is selected, monthly payments will be automatically charged. Late payments may accrue interest at 1.5% per month or the highest rate permissible under applicable law. Client understands that he/she/they shall also be responsible for any costs of collection, including reasonable attorneys' fees and collection agency fees. Declined charges will be re-run via Stripe 3 days after the previous attempt, 5 days after the previous attempt, and 7 days after the previous attempt.
Client understands that if he/she/they do not make the monthly payments timely, this Agreement is canceled, and Client will not be refunded any previous payments.
Payments shall be made via credit card in Thrivecart, processed via Stripe.
**REFUND POLICY**
Due to the digital nature of the product and the immediate access you receive once payment has been rendered, all sales are final, and Huckleberry Creative maintains a strict NO REFUND policy. All digital products are provided 'as is' without any warranties, expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Please make sure you are certain about the product before you complete your purchase.
**INTELLECTUAL PROPERTY**
All digital product purchases are licensed for use by one individual. You also may not resell the product, in whole or in part, as a digital product in your own shop or on a 3rd party marketplace.
Client agrees that any unauthorized use of the digital products shall constitute an infringement of Huckleberry Creative’s intellectual property rights, and may subject Client to legal action for damages or injunctive relief, at Huckleberry Creative's discretion.
Client understands and agrees not to use or infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Huckleberry Creative. Client understands and agrees that the information from the Services is Huckleberry Creative’s Intellectual Property for his/her/their personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Huckleberry Creative. Use of materials and/or information for a competitive purpose is strictly prohibited. No license to sell or distribute Huckleberry Creative’s materials is granted or implied.
**RESULTS AND GUARANTEES**
Client understands that Huckleberry Creative makes no guarantee about the information and/or recommendations provided under this Agreement. Huckleberry Creative disclaims all implied guarantees of any particular result or success. Any examples or statements are provided for illustrative purposes only, and do not constitute a guarantee or warranty that you will achieve similar results.
Client acknowledges that Huckleberry Creative makes no guarantee of any particular result. Therefore, following any information or recommendations provided by Huckleberry Creative should be relied upon at Client’s own risk.
You must understand we are not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for you. Your participation in this program/product/course/service/etc. will not guarantee any life or business-related results. If you should experience any health, business, financial, or legal issues, you should seek advice from your doctor, psychiatrist, financial advisor, accountant, attorney, or other professional as determined by your judgment.
**CONFIDENTIALITY AND NON-DISPARAGEMENT**
Both Huckleberry Creative and Client agree to respect each other’s privacy. Any Confidential Information from either party is confidential, proprietary, and belongs solely and exclusively to the person who discloses it. Both parties agree not to disclose, reveal, or make use of any Confidential Information verbally or in writing.
Both parties agree that neither they nor any of their associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statements of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the other party, or any of their programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents, or representatives.
If either party breaches this confidentiality or non-disparagement provision, the non-breaching party shall be entitled to seek both monetary and injunctive relief, as well as recovery of reasonable attorneys' fees and costs incurred in enforcing this provision.
**GOVERNING LAW**
This Agreement shall be construed under and governed in accordance with the laws of the state of Florida. Any action or proceeding to enforce or interpret the terms of this Agreement shall be brought exclusively in a court of competent jurisdiction located in Florida.
**ARBITRATION**
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association. Arbitration shall be binding on all parties, and all parties agree to waive any right to class or collective actions.
**ENTIRE AGREEMENT**
This Agreement contains the entire understanding of the obligations of Client. There are no other promises, agreements, warranties, or representations other than those expressly stated in this Agreement. Any modifications to this Agreement must be made in writing and signed by both parties. Oral modifications are not valid.
**MISCELLANEOUS**
Client agrees that their use of these Services is at their own risk and that these Services are only informational and educational. Client hereby releases Huckleberry Creative, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, consultants, staff, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or equity arising from delivery of the Services. Client fully accepts any and all risks, foreseeable or unforeseeable.
Client also agrees that Huckleberry Creative will not be held liable for any damages of any kind resulting or arising from including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use of Huckleberry Creative’s services.
Client shall indemnify and hold Huckleberry Creative 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 Client of any of the terms of this Agreement, or any use by Client of Huckleberry Creative’s materials.
**LIMITATION OF LIABILITY**
In no event shall Huckleberry Creative's liability exceed the total amount paid by Client for the digital products purchased.
**DISCLAIMER OF LIABILITY FOR TECHNICAL ISSUES**
Huckleberry Creative shall not be responsible for any technical issues or third-party software failures that may prevent product delivery or proper use.
**CONTACT**
Any questions or concerns related to this Agreement should be sent to jess@huckcreative.co. We strive to respond to all questions or concerns within 3 business days of receipt.
**FORCE MAJEURE**
If Huckleberry Creative or its assigns cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, other causes beyond the control of the parties, epidemics, pandemics, outbreak of communicable disease, quarantines, electronic or network-related failures, cyber-attacks, or other technology-related interruptions, Huckleberry Creative shall return any money paid by the Client, less expenses, but shall have no further liability with respect to this Agreement.
**COUNTERPARTS AND ELECTRONIC SIGNATURES**
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Use of electronic signatures, terms checkboxes, email, or other electronic media shall have the same force and effect as an original signature. This Agreement may be signed electronically, and any electronic or facsimile copies shall have the same legal effect as an original.
**SEVERABILITY**
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect, with such invalid provision deemed modified to the extent necessary to become enforceable.
These Terms & Conditions (“TC”), together with our Terms of Use, set out the terms and conditions that will apply when you purchase a service or digital product or enroll in an online course from www.huckcreative.co. If you are unable to understand or have any questions about these Terms, please contact us BEFORE placing your order.
You will be required to confirm that you have read and accept these TCs before you submit an order. Please note that these TCs are subject to change, so review and save or print a copy of these terms before each order that you submit.
**DEFINITIONS**
- **Digital Product**: Any digital material, including templates, courses, and downloadable resources.
- **Services**: Any design, consulting, or coaching provided by Huckleberry Creative.
- **Client/You**: The person or entity purchasing from Huckleberry Creative.
- **Huckleberry Creative/We/Us**: The seller of the digital products or services.
**OVERVIEW**
These TCs do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer products and services.
**ORDER AND ACCEPTANCE**
Each order submitted constitutes an offer to purchase a digital product or online course from us. Orders are subject to our acceptance, and we may, at our discretion, refuse to accept your order, including where:
- Orders cannot be processed due to an error in the information you have provided to us;
- There is an error on our site relating to the product or course that you have ordered, for example, an error relating to the price or description of the product/course as displayed on our site; or
- The product/online course that you have ordered is no longer available through our site.
We will send you an email confirming our acceptance of your order. Until you receive such confirmation, we reserve the right to reject your order for any reason, including suspected fraud. Only when payment is received and an order confirmation is sent shall a binding contract be formed.
**PRODUCT AVAILABILITY**
We will have the right, at any time, to make changes to information about the products/services displayed on our site, for example, information about prices, descriptions, or the availability of products/courses, and we may do so without first giving you notice of the changes. We are not liable for any discrepancies or inaccuracies regarding product/service descriptions, availability, or pricing. We reserve the right to correct any errors or omissions. We will not, however, make any changes to the price, availability, or description of any product/service after we have accepted an order to deliver the product/online course to you.
**PAYMENT TERMS**
If a payment plan is selected, monthly payments will be automatically charged. Late payments may accrue interest at 1.5% per month or the highest rate permissible under applicable law. Client understands that he/she/they shall also be responsible for any costs of collection, including reasonable attorneys' fees and collection agency fees. Declined charges will be re-run via Stripe 3 days after the previous attempt, 5 days after the previous attempt, and 7 days after the previous attempt.
Client understands that if he/she/they do not make the monthly payments timely, this Agreement is canceled, and Client will not be refunded any previous payments.
Payments shall be made via credit card in Thrivecart, processed via Stripe.
**REFUND POLICY**
Due to the digital nature of the product and the immediate access you receive once payment has been rendered, all sales are final, and Huckleberry Creative maintains a strict NO REFUND policy. All digital products are provided 'as is' without any warranties, expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Please make sure you are certain about the product before you complete your purchase.
**INTELLECTUAL PROPERTY**
All digital product purchases are licensed for use by one individual. You also may not resell the product, in whole or in part, as a digital product in your own shop or on a 3rd party marketplace.
Client agrees that any unauthorized use of the digital products shall constitute an infringement of Huckleberry Creative’s intellectual property rights, and may subject Client to legal action for damages or injunctive relief, at Huckleberry Creative's discretion.
Client understands and agrees not to use or infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Huckleberry Creative. Client understands and agrees that the information from the Services is Huckleberry Creative’s Intellectual Property for his/her/their personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Huckleberry Creative. Use of materials and/or information for a competitive purpose is strictly prohibited. No license to sell or distribute Huckleberry Creative’s materials is granted or implied.
**RESULTS AND GUARANTEES**
Client understands that Huckleberry Creative makes no guarantee about the information and/or recommendations provided under this Agreement. Huckleberry Creative disclaims all implied guarantees of any particular result or success. Any examples or statements are provided for illustrative purposes only, and do not constitute a guarantee or warranty that you will achieve similar results.
Client acknowledges that Huckleberry Creative makes no guarantee of any particular result. Therefore, following any information or recommendations provided by Huckleberry Creative should be relied upon at Client’s own risk.
You must understand we are not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for you. Your participation in this program/product/course/service/etc. will not guarantee any life or business-related results. If you should experience any health, business, financial, or legal issues, you should seek advice from your doctor, psychiatrist, financial advisor, accountant, attorney, or other professional as determined by your judgment.
**CONFIDENTIALITY AND NON-DISPARAGEMENT**
Both Huckleberry Creative and Client agree to respect each other’s privacy. Any Confidential Information from either party is confidential, proprietary, and belongs solely and exclusively to the person who discloses it. Both parties agree not to disclose, reveal, or make use of any Confidential Information verbally or in writing.
Both parties agree that neither they nor any of their associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statements of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the other party, or any of their programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents, or representatives.
If either party breaches this confidentiality or non-disparagement provision, the non-breaching party shall be entitled to seek both monetary and injunctive relief, as well as recovery of reasonable attorneys' fees and costs incurred in enforcing this provision.
**GOVERNING LAW**
This Agreement shall be construed under and governed in accordance with the laws of the state of Florida. Any action or proceeding to enforce or interpret the terms of this Agreement shall be brought exclusively in a court of competent jurisdiction located in Florida.
**ARBITRATION**
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association. Arbitration shall be binding on all parties, and all parties agree to waive any right to class or collective actions.
**ENTIRE AGREEMENT**
This Agreement contains the entire understanding of the obligations of Client. There are no other promises, agreements, warranties, or representations other than those expressly stated in this Agreement. Any modifications to this Agreement must be made in writing and signed by both parties. Oral modifications are not valid.
**MISCELLANEOUS**
Client agrees that their use of these Services is at their own risk and that these Services are only informational and educational. Client hereby releases Huckleberry Creative, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, consultants, staff, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or equity arising from delivery of the Services. Client fully accepts any and all risks, foreseeable or unforeseeable.
Client also agrees that Huckleberry Creative will not be held liable for any damages of any kind resulting or arising from including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use of Huckleberry Creative’s services.
Client shall indemnify and hold Huckleberry Creative 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 Client of any of the terms of this Agreement, or any use by Client of Huckleberry Creative’s materials.
**LIMITATION OF LIABILITY**
In no event shall Huckleberry Creative's liability exceed the total amount paid by Client for the digital products purchased.
**DISCLAIMER OF LIABILITY FOR TECHNICAL ISSUES**
Huckleberry Creative shall not be responsible for any technical issues or third-party software failures that may prevent product delivery or proper use.
**CONTACT**
Any questions or concerns related to this Agreement should be sent to jess@huckcreative.co. We strive to respond to all questions or concerns within 3 business days of receipt.
**FORCE MAJEURE**
If Huckleberry Creative or its assigns cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, other causes beyond the control of the parties, epidemics, pandemics, outbreak of communicable disease, quarantines, electronic or network-related failures, cyber-attacks, or other technology-related interruptions, Huckleberry Creative shall return any money paid by the Client, less expenses, but shall have no further liability with respect to this Agreement.
**COUNTERPARTS AND ELECTRONIC SIGNATURES**
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. Use of electronic signatures, terms checkboxes, email, or other electronic media shall have the same force and effect as an original signature. This Agreement may be signed electronically, and any electronic or facsimile copies shall have the same legal effect as an original.
**SEVERABILITY**
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect, with such invalid provision deemed modified to the extent necessary to become enforceable.
