The Elevation Audit: Terms & Conditions
**Terms & Conditions for Elevation Brand and Web Audit**
These Terms & Conditions (“TC”), together with our Terms of Use, set out the terms and conditions that will apply when you purchase an Elevation Brand and Web Audit 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 TC are subject to change, so review and save or print a copy of these terms before each order that you submit.
### **Overview**
These TCs do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer products and services.
### **Definitions**
- **Client**: The individual or entity purchasing a product/service from Huckleberry Creative.
- **Product**: The 30-minute Elevation Brand and Web Audit deliverable, recorded via Loom.
- **Services**: Refers to the creation, delivery, and support associated with the Product.
### **Order & Acceptance**
Each order submitted constitutes an offer to purchase a digital product or service 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 that you have ordered, for example, an error relating to the price or description of the product as displayed on our site; or
- The product that you have ordered is no longer available through our site.
We will, unless we suspect that your order was placed for fraudulent purposes, send you an email if we are unable to accept your order, informing you of the reason.
### **Product Availability**
We reserve 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/services, and we may do so without first giving you notice of the changes. 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 to you.
### **Payment Terms**
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. If all re-attempts to process the payment are unsuccessful, the order will be canceled, and Huckleberry Creative reserves the right to cease providing any services to the Client.
Payments shall be made via credit card in Thrivecart, processed via Stripe.
### **Refund Policy**
Due to the digital nature of the product, all sales are final, and Huckleberry Creative maintains a strict NO REFUND policy. Please make sure you are certain about the product before you complete your purchase.
### **Intellectual Property**
All purchases are licensed for use by one individual. You may not resell the product, in whole or in part, as a digital product in your own shop or on a third-party marketplace. This license is personal, non-exclusive, non-transferable, and is provided solely for the Client's use. Any use beyond the scope of this license without prior written consent will constitute a breach of these TCs.
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 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. 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 product/service 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.
Because of the nature of our products and services, the results experienced may significantly vary from client to client. Although we are confident that the content in this product will transform your business, we cannot make any promises and will not deliver any guaranteed outcomes. The outcome and results you experience depend on your level of commitment to implement the strategies given.
### **Required Questionnaire**
Please note that the completion of a questionnaire is required before the service can be completed and the deliverable submitted by Huckleberry Creative. From the purchase date, you'll have two weeks to complete the questionnaire. If you do not complete the questionnaire in its entirety by that time, Huckleberry Creative will be unable to deliver your audit, and no refunds will be given. Please make sure to purchase the audit at a time when you can commit to completing the questionnaire within those two weeks so you don't miss out on this opportunity.
### **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, 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, owners, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.
### **Governing Law**
This Agreement shall be construed under and governed in accordance with the laws of the state of Florida, specifically Escambia County.
### **Arbitration**
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association, with arbitration to take place in Escambia County, Florida, in accordance with the laws of the state of Florida.
### **Limitation of Liability**
To the fullest extent permitted by law, Huckleberry Creative’s liability to the Client shall not exceed the total amount paid by the Client for the services under this Agreement.
### **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.
### **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.
### **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, or other causes beyond the control of the parties, epidemics, pandemics, outbreak of communicable disease, quarantines, or other conditions created by the coronavirus (COVID-19), 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.
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement remain in full force and effect.
### **Contact**
Any questions or concerns related to this Agreement should be sent to jess@huckcreative.co
These Terms & Conditions (“TC”), together with our Terms of Use, set out the terms and conditions that will apply when you purchase an Elevation Brand and Web Audit 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 TC are subject to change, so review and save or print a copy of these terms before each order that you submit.
### **Overview**
These TCs do not affect your legal (statutory) rights under your applicable state laws relating to the sale of consumer products and services.
### **Definitions**
- **Client**: The individual or entity purchasing a product/service from Huckleberry Creative.
- **Product**: The 30-minute Elevation Brand and Web Audit deliverable, recorded via Loom.
- **Services**: Refers to the creation, delivery, and support associated with the Product.
### **Order & Acceptance**
Each order submitted constitutes an offer to purchase a digital product or service 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 that you have ordered, for example, an error relating to the price or description of the product as displayed on our site; or
- The product that you have ordered is no longer available through our site.
We will, unless we suspect that your order was placed for fraudulent purposes, send you an email if we are unable to accept your order, informing you of the reason.
### **Product Availability**
We reserve 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/services, and we may do so without first giving you notice of the changes. 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 to you.
### **Payment Terms**
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. If all re-attempts to process the payment are unsuccessful, the order will be canceled, and Huckleberry Creative reserves the right to cease providing any services to the Client.
Payments shall be made via credit card in Thrivecart, processed via Stripe.
### **Refund Policy**
Due to the digital nature of the product, all sales are final, and Huckleberry Creative maintains a strict NO REFUND policy. Please make sure you are certain about the product before you complete your purchase.
### **Intellectual Property**
All purchases are licensed for use by one individual. You may not resell the product, in whole or in part, as a digital product in your own shop or on a third-party marketplace. This license is personal, non-exclusive, non-transferable, and is provided solely for the Client's use. Any use beyond the scope of this license without prior written consent will constitute a breach of these TCs.
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 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. 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 product/service 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.
Because of the nature of our products and services, the results experienced may significantly vary from client to client. Although we are confident that the content in this product will transform your business, we cannot make any promises and will not deliver any guaranteed outcomes. The outcome and results you experience depend on your level of commitment to implement the strategies given.
### **Required Questionnaire**
Please note that the completion of a questionnaire is required before the service can be completed and the deliverable submitted by Huckleberry Creative. From the purchase date, you'll have two weeks to complete the questionnaire. If you do not complete the questionnaire in its entirety by that time, Huckleberry Creative will be unable to deliver your audit, and no refunds will be given. Please make sure to purchase the audit at a time when you can commit to completing the questionnaire within those two weeks so you don't miss out on this opportunity.
### **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, 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, owners, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.
### **Governing Law**
This Agreement shall be construed under and governed in accordance with the laws of the state of Florida, specifically Escambia County.
### **Arbitration**
Any dispute arising under this contract shall be resolved under the commercial arbitration rules of the American Arbitration Association, with arbitration to take place in Escambia County, Florida, in accordance with the laws of the state of Florida.
### **Limitation of Liability**
To the fullest extent permitted by law, Huckleberry Creative’s liability to the Client shall not exceed the total amount paid by the Client for the services under this Agreement.
### **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.
### **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.
### **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, or other causes beyond the control of the parties, epidemics, pandemics, outbreak of communicable disease, quarantines, or other conditions created by the coronavirus (COVID-19), 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.
If any provision of this Agreement is held to be invalid or unenforceable, all other provisions of this Agreement remain in full force and effect.
### **Contact**
Any questions or concerns related to this Agreement should be sent to jess@huckcreative.co
