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Collectivedesignagency.com and The Collective Design Agency, LLC Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using collectivedesignagency.com (hereinafter referred to as the “Site”). The Site and its content are owned by The Collective Design Agency, LLC.

PURPOSE: These Terms & Conditions are here 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.

IMPORTANT NOTES:

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. If you have any questions, please contact us at info@mycollectiveagency.com.

 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 these Terms & Conditions.

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 No. [INSERT PARAGRAPH # OF ARBITRATION CLAUSE] and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means The Collective Design Agency, LLC and our website, collectivedesignagency.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 Lauren K. Slack, The Collective Design Agency, LLC, and/or collectivedesignagency.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by The Collective Design Agency, LLC and/or on collectivedesignagency.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, IP address, geolocation, etc.

“Site, Courses, Services, and/or Products” means collectivedesignagency.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, website templates, presentation templates, and/or other templates available on the Site.

“Site” means collectivedesignagency.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, our Privacy Policy, and Disclaimer.

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.
• Misrepresent your affiliation with our business or falsely claim authorship of any content, designs, or materials created by us.
• Reverse engineer, duplicate, or attempt to replicate our custom design, code, or development processes for personal or commercial use without prior authorization.
• Submit project requests or inquiries that include content or imagery that violates third-party intellectual property rights.
• Share, redistribute, or commercially exploit any resources, templates, or materials provided to you as part of our design and development services without explicit permission.
• Use the Site to solicit our team members, contractors, or collaborators for freelance or competing services outside of The Collective.

4. DISCLAIMER:

By using this site, you acknowledge that we are professional graphic designers and web developers with expertise in creating and managing digital solutions for businesses. While we provide expert guidance and innovative strategies within our field, we are not certified business consultants, marketing specialists, or legal advisors. Any recommendations or suggestions offered on this site should be reviewed by qualified professionals in those respective fields to ensure alignment with your specific business, legal, and marketing requirements.

Our content is intended for informational and educational purposes only, based on our professional experience in the graphic design and web development industry. At The Collective Design Agency, we are committed to delivering tailored digital solutions that help businesses thrive, combining creative design with functional development to elevate your brand’s digital presence.

While our insights are designed to inspire and support your online goals, certain decisions—such as business strategies, legal compliance, or marketing tactics—should be made in consultation with appropriate professionals. Use our expertise as a foundation for your digital success, and trust that you are supported by skilled professionals dedicated to helping your business grow.

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:

The Site 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 The Collective Design Agency, LLC. 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, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and 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 The Collective Design Agency, LLC 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 by email info@mycollectiveagency.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 The Collective Design Agency, LLC.

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 Warrantees, 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 The Collective Design Agency, LLC’s Courses, Services, and Products, you agree to release, forgive, and forever discharge The Collective Design Agency, LLC, 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, The Collective Design Agency, LLC 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 templated 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 a more pleasant one, please email Lauren K. Slack at info@mycollectiveagency.com. 

18. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or The Collective Design Agency, LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Lauren K. Slack at info@mycollectiveagency.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and The Collective Design Agency, LLC 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 (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re 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 50 miles of Naples, Florida, USA, in the county of Collier.

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 Florida. The only award that can be issued to you is a refund of any payment made to The Collective Design Agency, LLC 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 Florida.

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 Florida or a state court located within the State of Florida 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 Florida for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Florida.

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, ACH, online payment gateway, Stripe, and/or Paypal. By doing so, you give The Collective Design Agency, LLC 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 or set up monthly payments for web hosting, you agree that The Collective Design Agency, LLC 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:

The Collective Design Agency, LLC 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 The Collective Design Agency, LLC, Lauren K. Slack, 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 The Collective Design Agency, LLC and Lauren K. Slack (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, Disclaimer, or any other terms to which you have agreed to.

26. Entire Agreement

These Terms & Conditions, our Privacy Policy and Disclaimer, 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 (collectivedesignagency.com/legal) for 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:

• Website: collectivedesignagency.com
• Email: Lauren K. Slack at info@mycollectiveagency.com
• 3080 Tamiami Trail E, Ste 301 Naples, FL 34112 

Updated on 11.01.2024

This Agreement, by and between The Collective Design Agency, a d/b/a name of The Collective Design Agency LLC., a Florida corporation (“CDA”), and the Client, is hereby incorporated by reference into CDA’s development and hosting proposals, sales order or quotation.

1. Website Hosting Services. 

CDA agrees to provide Client with the services for hosting a website (the “Website”) on the World Wide Web portion of the Internet (the “Hosting Services”). CDA’s web server maintaining the website (the “Host Server”) will be located within CDA’s facility or a hosting provider or colocation facility subcontracted by CDA. CDA shall provide the hosting services so that the website is accessible to third parties via the World Wide Web portion of the Internet as specified herein. CDA is responsible only for providing the Hosting Services, and not for providing any services or performing any tasks not specifically described in this Agreement unless otherwise noted in the service contract.

2. Client Responsibilities. 

Client shall provide to CDA all materials comprising the website (the “Client Content”), which shall be in a correct format (as specified by CDA in consultation with Client). The Client Content shall be properly adapted and translated by Client for posting to the host server so that the website may be accessed via the Internet. Throughout the term of this Agreement, Client is solely responsible for all updates or modifications to the Client Content unless otherwise noted in teh service contract.

3. CDA Responsibilities.

3.1. Availability. Within a reasonable time of its receipt of the Client Content, CDA will make the website available on the World Wide Web (the “Installation Date”). Thereafter, CDA will use commercially reasonable efforts, pursuant to the terms and conditions set forth in this Agreement, to make the website accessible via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and will use its best efforts to ensure reasonable response times for users accessing the website. CDA shall incrementally backup the website and store the backup materials in a safe and secure environment. Upon the termination of this Agreement, after the payment of all fees called or herein, CDA shall use commercially reasonable effort to assist in the transfer of the website to the computer system owned and operated by Client and/or its designated third party contractor.

3.2. Security. CDA shall endeavor to keep the site files and data as secure as possible, but makes no warranties about the security of any site code or data. Should the website files or content, whether provided by CDA or the Client, become compromised through any manner of security breach or exploit, CDA shall, at its sole discretion, take down the site, repair the files and data, and bill the Client for the work at prevailing hourly rates. CDA will communicate with the Client regarding the nature of the breach or exploit and the nature of the resolution.

4. Domain Name Registration. 

Client shall provide CDA with a registered domain name. If Client does not have a registered domain name, CDA will, upon request, use commercially reasonable efforts to register domain name(s) selected by Client provided that such domain name is available for registration and does not violate any registration services’ policies, or any law or regulation for a charge of $65. In the event of any dispute arising out of or related to Client’s domain name used in connection with the website, upon Client’s request, CDA will attempt to register an alternative domain name chosen by Client and ttempt to make the website available under such alternative name.

5. Ownership of Intellectual Property and Equipment; Licenses

5.1. Client Content. Client shall retain all right, title, and interest, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights, in the Client Content. Client assumes sole responsibility for the accuracy of any Client Content or other materials provided to CDA for either authoring or hosting. Client hereby grants CDA a non-exclusive, royalty-free license for the term of this Agreement to use, copy, modify, adapt, perform and display the Client Content solely as necessary to fulfill its obligations pursuant to this Agreement. Upon termination or expiration of this Agreement for any reason whatsoever, all rights granted to CDA pursuant to this Section (5.1) immediately revert to Client.

5.2. CDA Equipment. CDA retains all rights to the hosting services and any computer hardware, software, telecommunications or other equipment, including the host server, used to provide the hosting services (collectively, the “CDA Equipment”). At no time shall Client have any ownership, property, or any other rights in, nor file any lien on, any of the hosting services or the CDA equipment.

6. Confidentiality. 

Neither party shall disclose to any person or entity, directly or indirectly, without the prior written approval of the other, any confidential information relating to the other party obtained by virtue of this Agreement, except on a confidential basis to its business, legal and financial advisors or as required to be disclosed under applicable law or by legal process. “Confidential Information” shall include, but not be limited to software, technical processes and formulas, source or object code, product designs, sales cost and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, marketing data, and the terms of this Agreement. Confidential information does not include any information that is, (i) generally known or available to the public through no act of the receiving party, (ii) already known to the receiving party at the time of receiving the confidential information, (iii) independently developed by the receiving party; or (iv) furnished to the receiving party by a third party with the right to do so.

7. Billing and Payment

7.1. Billing and Payment Terms. Client will be billed on a monthly or annual basis for the hosting services unless otherwise indicated on service order form, and payment of such fees will be due within fifteen (15) days of the date of each invoice, unless otherwise stated.

7.2. Late Payment. Client’s failure to pay any fees when due shall be considered a material breach of this Agreement, and CDA may do any or all of the following: (i) assess late charges of the greater of one and two-half (2.5%) per month or the maximum allowable under applicable law, (ii) suspend performance of the services, and terminate the Agreement without penalty; or (iii) require future payments hereunder to be made in advance of Services being rendered by CDA. Any suspension or termination of services will not relieve client from paying past due fees plus late charges and in event of collection enforcement, client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorneys’ fees, court costs, and collection agency fees. A $300 reconnection/reinstatement fee will be added if payment is past due and site has been suspended; this fee, along with any remaining dues, will be collected prior to reinstatement of site.

7.3. Taxes. Client shall pay or reimburse CDA for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the performance by CDA under this Agreement; excluding, however, income taxes on profits which may be levied against CDA.

8. Warranties.

8.1. Client. Client represents and warrants that: (a) Client has the power and authority to enter into and fully perform its obligations under this Agreement and to grant the rights granted in this Agreement; (b) The content, material, messages and data transmitted or made available through the services (including Client Content) do not and shall not contain any material that is inaccurate or that violates any applicable law, rule or regulation (including, without limitation, export laws) or that infringes upon any common law or statutory right of any person or entity, including, without limitation, any proprietary, contract, moral, privacy or publicity right, copyright, patent, trademark, trade secret, or any other third party right, and that Client owns the Client Content or otherwise has the right to place the Client Content on the website; (c) The content, material, messages and data transmitted or made available through the services (including Client Content) do not and shall not contain any material that, in CDA’s good faith judgment, is obscene, threatening, malicious, defamatory, libelous, slanderous, pornographic or which otherwise could expose CDA to civil or criminal liability; (d) Client has obtained any authorization(s) necessary for hypertext links from the website to other third party Web sites; and (e) Client will not use the services to send unsolicited commercial e-mail, or engage in any other offensive or harassing conduct, or conduct that unreasonably interferes with CDA’s ability to manage its network facilities or provide similar services to other customers. In addition to any other remedy set forth in this Agreement, CDA reserves the right to immediately remove from the website any material which violates any of the above warranties and/or to immediately suspend or disable any services necessary to remedy any violation or potential violation of the above warranties.

8.2. The Collective Design Agency LLC. CDA represents and warrants that (a) CDA has the legal right and authority to provide the Hosting Services; (b) the CDA equipment does not infringe upon any copyright, patent, trademark, trade secret, or any other intellectual property right of any third party.

8.3. No Other Warranty. OTHER THAN THE EXPRESS WARRANTIES CONTAINED IN SECTION 7.2, ANY EQUIPMENT PROVIDED (INCLUDING, WITHOUT LIMITATION, THE CDA EQUIPMENT) AND ALL SERVICES PERFORMED PURSUANT TO THIS AGREEMENT ARE PROVIDED AND PERFORMED ON AN “AS IS” BASIS, AND CLIENT’S USE OF THE SERVICES IS AT ITS OWN RISK. CDA DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CDA SPECIFICALLY DOES NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9. Limitation of Liability; Damages.

CDA’S SOLE LIABILITY TO CLIENT FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING ATTORNEY’S FEES, FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY EXHIBIT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO CLIENT’S ACTUAL DIRECT OUT- OF-POCKET EXPENSES WHICH ARE REASONABLY INCURRED BY CLIENT AND SHALL NOT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID TO CDA BY CLIENT UNDER THIS AGREEMENT DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. IN NO EVENT SHALL CDA BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE BASIS OF THE CLAIM. 

10. Indemnification. 

Each party (the “Indemnifying Party”) agrees to indemnify, defend and forever hold harmless the other, and any of its parent and affiliated companies, and the present and former officers, members, shareholders, directors, employees, representatives, attorneys, insurers and agents of any of these, and their successors, heirs and assigns (each, an “Indemnified Party”) from and against any and all losses liabilities, claims, costs, damages and expenses (including reasonable attorneys’ fees, disbursements and administrative or court costs) that (i) arise directly or indirectly out of any breach or alleged breach of its representations and warranties under this Agreement, or (ii) are the result of its willful misconduct. The indemnified party shall promptly provide the indemnifying party with written notice of any claim which it believes falls within the scope of this paragraph and shall cooperate with indemnifying party in the investigation and defense of the same. The indemnified party may, at its own expense, assist in the defense if it so chooses, provided that the indemnifying party shall control such defense and all negotiations relative to the settlement of any such claim and that any settlement intended to bind the indemnified party shall not be final without the indemnified party’s written consent, which shall not be unreasonably withheld.

11. Force Majeure. 

Neither party shall be deemed in default or otherwise liable under this Agreement due to its inability to perform its obligations by reason of any fire, earthquake, flood, snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause beyond that party’s reasonable control.

12. Term; Termination and Renewal. 

This Agreement shall be effective as of the effective date and shall remain in effect for one (1) year from the installation date (the “Initial Term”), or as described on the service order form unless earlier terminated as otherwise provided in this Agreement. This Agreement shall be automatically be renewed for additional one (1) year terms (each, a “Renewal Term”) unless a party provides the other party with a written notice of termination at least thirty (30) days prior to the expiration of the initial term or the then-current renewal term. Either party may terminate this Agreement if a bankruptcy proceeding is instituted against the other party which is not dismissed within ninety (90) days, or results in an adjudication of bankruptcy, or the other party materially breaches any of its representations, warranties or obligations under this Agreement, and such breach is not cured within fourteen (14) days of receipt of notice specifying the breach. Upon any termination of this Agreement, Client shall pay all unpaid and outstanding fees through the effective date of termination of this Agreement, provided that, if Client terminates the Agreement in a manner other than that which is described in this paragraph, Client shall also pay to CDA an amount equal to all unpaid charges for the remainder of the then current initial or renewal term of this Agreement. The obligations of the parties under this Agreement that by their nature would continue beyond expiration, termination or cancellation of this Agreement including, without limitation, Articles 6, 7, 8, 9, 12 and 13, shall survive any such expiration, termination or cancellation.

13. Amendment. 

CDA may modify this Agreement at any time in its sole discretion. Any modification is effective immediately upon either transmission by e-mail to the Client, by postal mail, or by posting on the CDA website at this URL: https://collectivedesignagency.com/support/hosting-terms-and-conditions. If any modification to this Agreement is unacceptable to the Client, they may immediately terminate the Agreement. CDA will invoice Client for pro-rated services as of that date.

14. Notice. 

Any notice provided pursuant to this Agreement shall be in writing and shall be deemed given (i) if by hand or overnight delivery, upon receipt thereof, (ii) if by mail, two (2) days after a properly addressed piece is deposited in the United States mails, postage prepaid, certified mail, return receipt requested, or (iii) if by facsimile transmission, upon electronic confirmation thereof, (iv) if by e-mail, to the last known e-mail address. All notices shall be addressed as provided below after the signatures of the parties, or such other address as either party may in the future, consistent with this Section, specify in writing to the other.

15. Miscellaneous. 

This Agreement, any Development or Hosting Proposal, or any Ongoing Consulting Agreement referencing this Agreement shall constitute the entire Agreement between Client and CDA with respect to the subject matter hereof and there are no representations, understandings or agreements that are not fully expressed in this Agreement. In the event of a conflict between the terms of any Exhibit and this Agreement, unless expressly stated otherwise in the Exhibit, this Agreement shall control. CDA may use the name of and identify Client as an CDA client, in advertising, publicity, or similar materials distributed or displayed to prospective clients. CDA and its personnel, in performance of this Agreement, are acting as independent contractors and not employees or agents of Client. No amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by the party against which such amendment, change, waiver, or discharge is sought to be enforced. This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions, and the exclusive venue for disputes arising out of or related to Agreement shall be the appropriate state or federal court located in either the City of Naples, Florida or Collier County, Florida. Client shall not assign, without the prior written consent of CDA, its rights, duties or obligations under this Agreement to any person or entity, in whole or in part. The waiver or failure of either party to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. Signatures on a copy of this Agreement or other documents provided pursuant to this Agreement transmitted by facsimile machine shall be binding on the parties and of the same legal effect as original signatures. Where agreement, approval, acceptance, consent or similar action by either party hereto is required by any provision of this Agreement, such action shall not be unreasonably delayed or withheld. In WITNESS WHEREOF, by accepting CDA’s Sales Order, Proposal or Quotation, this document is hereby included by reference as being part of that Sales Order, Proposal or Quotation.

The Collective Design Agency, LLC DISCLAIMER

Please read this Disclaimer carefully and in its entirety before using collectivedesignagency.com (hereinafter referred to as the “Site”). The Site and its content are owned by The Collective Design Agency, LLC.

PURPOSE: This Disclaimer is here to clearly explain, outline, and layout who we are, what we do, and what we don’t do before you use, view, and/or browse the Site and/or purchase or Download any course, program, service, or product offered by us. In short, the purpose of the Site is to provide information & education on website design, WordPress development, and Graphic Design.

IMPORTANT NOTE: By using the Site in any capacity, you voluntarily agree to this Disclaimer. You agree that you have read (or had the opportunity to read and chose not to), understood, and consented to this Disclaimer. If you have any questions, please contact us at info@mycollectiveagency.com.

Finally, you must be at least 18 years old and be able to consent to this Disclaimer. If you are under the age of 18, or you do not agree with this Disclaimer as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Disclaimer as stated herein, regardless of whether or not you have read it.

1. Definitions

• “Company”, “We”, “I”, “Our”, or “Us” means The Collective Design Agency, LLC and collectivedesignagency.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 or on behalf of The Collective Design Agency, LLC, or collectivedesignagency.com, and any and all written or Downloadable material Purchased, viewed, or otherwise offered on collectivedesignagency.com, such as blog posts, graphics, designs, documents, information, templates, and materials.
• “Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).
• “Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a single person, or to identify an individual in context. For example, personal information includes your name, address, email address, telephone number, etc.
• “Site, Courses, Services, and/or Products” means collectivedesignagency.com and its associated pages, Content, email list, social media posts, blog posts, courses, coaching services, group courses or programs, templates, contracts, forms, guides, eBooks, worksheets, workbooks, website materials, and/or templates available on the Site.
• “Site” means collectivedesignagency.com and any and all of its pages, tabs, or sub-pages and “Content”, as defined herein.
• “You” or “Your” means the user, customer, or viewer of the Site.

2. Disclaimer

The Site, Courses, Services, and/or Products are intended for informational & educational purposes only and are not intended as professional medical advice by us. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your agreement that the Site, Courses, Services, and/or Products is not professional medical advice and shall not be relied upon by you as such.

You should ALWAYS consult with your physician or another medical professional first before implementing any of our advice, information, or suggestions. You should always consult with a physician or medical professional (not us) before implementing any changes to your diet, medication, lifestyle, exercise regimen, supplement regimen, or health practices. Please only implement any and all changes after consulting with your physician and assessing your own risk.

3. Affiliate Links/Products

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. 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.

4. 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 us at info@mycollectiveagency.com if you have any questions about our sponsored posts.

5. Information Is No Substitute for Professional Advice

The Content contained on this Site is not a substitute for the advice of your attorney, physician, medical professional, mental health professional, financial advisor, accountant, or any other professional you consult or should consult. This Site simply contains informational and educational material and information.

6. No Warranties, Guarantees, or Representations

Although we do our best to maintain the Site and its Content, we do not warranty, guarantee, or represent that our Content or Site, Courses, Services, and/or Products are accurate, complete, reliable, or free of errors or that they pertain to your particular circumstances or health situation. Although we do our best to update the Site, we also cannot guarantee — due to how rapidly things change — that all of our Content is up to date or completely accurate.

7. Disclaimer of Liability

To the extent permitted by law, we disclaim any and all liability pertaining to your use, purchase, or download of the Site, Courses, Services, and/or Products. Please use the Site, Courses, Services, and/or Products at your own risk, after making an independent assessment of risk.

8. Testimonials/Examples

The Testimonials or examples on the Site are simply that: examples. While they are all accurate and authentic, we are not making any claims that YOU will experience the same or better results from using or purchasing the Site, Courses, Services, and/or Products.

9. No Endorsements

Any links to, mentions of, or features of various companies, products, or services are not in any way an endorsement of said company, product, and/or service by us. It does not mean that we guarantee your success, satisfaction, or safety with respect to said company, product, or service. You should only use or do business with one of those companies, products, or services after you have independently investigated it, assessed the applicable risk, and determined you would like to use or try it.

10. Earnings Disclaimer

We make every effort to accurately represent our products, programs and services. Any earnings stated on the Site are estimates or examples only of what’s possible. They are not guarantees of future results, guaranteed success or a promise that you will experience the same or even similar results. There is no guarantee that past results will be replicated in the future. The failure or success of use of our products, programs and services relies on your own due diligence and efforts. We are not liable for the success or failure of your business, health, financial situation, and/or any other effect from use of our products, programs and/or services.

11. Privacy Policy + Terms & Conditions

Please read our Privacy Policy collectivedesignagency.com/legal and Terms & Conditions collectivedesignagency.com/legal before using the Site. Thank you.

12. Contact Us

If you have any questions about the Disclaimer or its terms, please email us at info@mycollectiveagency.com.

Updated On: 10.31.2024