Terms & Conditions

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BRAND THIS, LLC, a limited liability company organized under the laws of the state of California (“Brand This”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Brand This’s website: https://www.brandthis.io/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Brand This shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Brand This for services rendered shall remain and continue to be an ongoing obligation owed by Client to Brand This.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Brand This and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Brand This and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Brand This’s express prior written permission. Brand This reserves all rights in the Website, Content and Marks.

2. Ownership of Materials

Notwithstanding Brand This’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Brand This to become the owner of a Project, in whole or in part, rather than Client, Brand This irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Brand This as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Brand This always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Brand This and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Brand This will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.So long as Brand This has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client represents and warrants that

has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Brand This on behalf of the Client. Further, Client agrees to refrain from the following

any unauthorized use of the Website;Retrieve data or content for the purposes of creating or compiling a database or directory;Circumvent, disable, or otherwise interfere with security-related features on the Website;Engage in unauthorized framing or linking of the Website;Trick, defraud or mislead Brand This or other users;Interfere with, disrupt or create an undue burden on the Website or Brand This’s networks or servers;Use the Website in an effort to compete with Brand This;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;Harass, annoy, intimidate or threaten any of Brand This’s employees, independent contractors or agents providing services through the Website;Delete the copyright or other rights notice from any Content;Copy or adapt the Website’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website;Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;Disparage, tarnish or otherwise harm Brand This;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Brand This and Brand This is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Brand This shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Brand This for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversite

Brand This reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Brand This further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Brand This, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Brand This and shall be designed to protect Brand This’s rights and property.

8. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Brand This does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Brand This without parental consent, Brand This shall delete that information as soon as reasonably practical.

9. Returns and Refunds

Brand This reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Brand This are ownership of the company and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

Brand This reserves the right to take appropriate legal actions against Client for breach of this paragraph.

10. Modification

Brand This reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Brand This reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Connection Interruptions

Brand This does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Brand This’s control. Client agrees that Brand This shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

These Terms of Use and Client’s use of the Website are governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws, principles or rules of any kind.

13. Dispute Resolution

Any dispute arising between Client and Brand This regarding any aspect of the relationship, the work performed or obligations owed shall be referred to confidential binding arbitration under the rules of the American Arbitration Association (“AAA”) and arbitration shall occur in Prince George’s County, Maryland. The decision of the arbitrator shall be final and unappealable. The arbitrator shall have the right to grant any form of relief or remedy in a dispute that would otherwise be available in the courts of the State of Maryland. The prevailing party in any such dispute shall be entitled to an award of its attorneys’ fees. Client and Brand This agree to waive any and all rights to a trial by jury.

14. Term and Termination

These Terms of Use shall remain in full force and effect while Client uses the Website. Without limiting any other provision of these terms of use, Brand This reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the website, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained herein or any applicable law or regulation. Brand This may terminate Client’s use or participation in the Website or delete Client’s account and any content or information that Client has posted at any time without warning in Brand This’s sole discretion.

15. Modifications and Interruptions

Brand This reserves the right to change, modify, or remove the contents of the Website at any time or for any reason at its sole discretion without notice. However, Brand This has no obligation to update any information on the Website. Brand This also reserves the right to modify or discontinue all or part of the Website without notice at any time. Brand This will not be liable to Client or any third party for any modification, price change, suspension, or discontinuance of the Website.

16. Miscellaneous

These Terms of Use and any policies or operating rules posted by Brand This on the Website constitute the entire agreement and understanding between Client and Brand This. Brand This’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Brand This may assign any or all of its rights and obligations to others at any time. Brand This shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Brand This’s reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between Client and Brand This as a result of these Terms of Use or use of the Website. Client agrees that these Terms of Use will not be construed against Brand This by virtue of having drafted them. Client hereby waives any and all defenses Client may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

17. Contact Us

To resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

BRAND THIS, LLC 1445 Livorna Road, Alamo CA 94526 jordan@brandthis.io