Terms of Service
(last updated May 2018)
THE “IN-A-NUTSHELL” SUMMARY
When you use this website (LISAMAYHUBY.com), you agree to play by the rules detailed here. Failing to play by the rules will lead to, at minimum, us banning you from the site (i.e., blocking visits from your IP address).
It’s pretty simple: Follow the laws of your country, and don’t:
- Steal ideas or property, unless it’s clearly stated for your use
- Copy anything that is not in the public domain, unless it’s clearly stated for your use
- Post nasty stuff or try to harm us or the people using this site
- Blame us if you post a comment and later see something like it in print or any other sort of production
- Pretend you’re someone you’re not while using this site
- Be a dick
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LISAMAYHUBY.COM, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Responsibility of Contributors. If you respond to a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Content’s title or author name is not the name of a well-known title other than your work or a person other than yourself or a company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LISAMAYHUBY.COM or otherwise.
By submitting Content to LISAMAYHUBY.COM for inclusion on our Website(s), you grant LISAMAYHUBY.COM a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content and our Website. If you delete Content, LISAMAYHUBY.COM will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, LISAMAYHUBY.COM has the right (though not the obligation) to, in LISAMAYHUBY.COM’s sole discretion
(i) refuse or remove any content that, in LISAMAYHUBY.COM’s reasonable opinion, violates any LISAMAYHUBY.COM policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LISAMAYHUBY.COM’s sole discretion.
Your LISAMAYHUBY.COM Account. If you create an account on the Website, you are responsible for maintaining the security of your account and materials, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account or materials. You must not describe or assign links or content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify LISAMAYHUBY.COM of any unauthorized uses of your account or any other breaches of security. LISAMAYHUBY.COM will not be liable for any acts or omissions by You, including those resulting from your negligence and including any damages of any kind incurred as a result of such acts or omissions.
Fees and Payments. By completing the cart and checkout process for any product or number of products, you agree to pay LISAMAYHUBY.COM the fees indicated on our Website at the time of purchase in exchange for the product or service. This may be a one-time, monthly or annual fee; unless otherwise explicitly indicated on the Website, the default fee will be one-time. Payments will be processed on the day you purchase a product or service.
The quoted fee(s) is for copy only (it does not cover design and production). Work will commence upon receipt of payment and client information. For your convenience, PayPal and all major credit cards are accepted. Payment link will be provided on acceptance of the estimate and prior to commencement of the project. Up to 2 rounds of revisions will be completed at no charge, provided they are assigned within 7 business days of receipt of the first or subsequent draft.
LISAMAYHUBY.COM reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Installment options, terms & conditions. Special arrangements may be made in consideration of installment options (if required). Please note: if selecting the installment option, a 50% deposit is due at time of booking, with the other due on delivery of first draft. Final draft will not be delivered until payment has been received in full, at which time usage rights will be transferred to you.
Your legal responsibilities. LISAMAYHUBY.COM will endeavor to write copy that complies with the law, but are not lawyers. It is your responsibility to submit all copy for legal review. Performance of digital products and affiliate items sold through LISAMAYHUBY.COM are not guaranteed. Refer to the Earnings Disclaimer for more information.
Cancellations, Refunds & Returns. All digital product sales through LISAMAYHUBY.COM are final due to the nature of downloadable files and your irrevocable access to them once they’ve been delivered. Thanks for being awesome! If you’re on the fence about whether or not something would be a good fit for you, send an email to firstname.lastname@example.org any old time and ask all the questions you’d like. Then, feel free to dive head-first into reading the blog posts and other amazing free information available on this site to make sure that I’m your huckleberry and we’ll be a match made in heaven.
Cancellation or termination by the client of any one-on-one service is subject to a cancellation fee equal to monies already paid plus a $500 kill fee. Note that additional fees may apply.
Delays. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. You shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by you will result in a day-for-day extension of the due date for all Final Deliverable(s). Projects placed on hold for 30 days or longer will be billed for work completed to-date over and above the original deposit. Deposit shall be forfeited in these instances.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Payment transactions. If you take issue with a transaction, it is your responsibility to open a dispute with the Resolution Department of the payment issuer (i.e., PayPal, VISA, MasterCard, American Express or other). Refer to your receipt for details. LISAMAYHUBY.COM will not be responsible for disputes with payment providers.
NO GUARANTEES. LISAMAYHUBY.COM makes no guarantee regarding results other than that the services provided to the client shall be in accordance with the terms of this Agreement.
Responsibility of Website Visitors. LISAMAYHUBY.COM has not reviewed, and cannot review, all of the material, including Content, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, LISAMAYHUBY.COM does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LISAMAYHUBY.COM disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading or use by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our Websites link, and that link to our Websites. LISAMAYHUBY.COM does not have any control over those non-LISAMAYHUBY.COM websites and webpages, and is not responsible for their contents or their use. By linking to a non-LISAMAYHUBY.COM website or webpage, LISAMAYHUBY.COM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LISAMAYHUBY.COM is not responsible for any harm resulting from your use of non-LISAMAYHUBY.COM websites and webpages, including how your personal information is used by those websites.
Copyright Infringement and DMCA Policy. As LISAMAYHUBY.COM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by lisamayhuby.com or our blog violates your copyright, you are encouraged to notify LISAMAYHUBY.COM by sending an email to “lisamay at lisamayhuby DOT com”. LISAMAYHUBY.COM requires that you supply LISAMAYHUBY.COM with appropriate information to identify, track and locate the information/property in question in a reasonable period of time and with limited effort or expense. LISAMAYHUBY.COM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LISAMAYHUBY.COM or others, LISAMAYHUBY.COM may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, LISAMAYHUBY.COM will have no obligation to provide a refund of any amounts previously paid to LISAMAYHUBY.COM.
Intellectual Property. This Agreement does not transfer from LISAMAYHUBY.COM to you any LISAMAYHUBY.COM or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LISAMAYHUBY.COM. LISAMAYHUBY.COM, Lisa-May Huby, lisamayhuby.com, the LISAMAYHUBY.COM logo, and all other trademarks, service marks, graphics and logos used in connection with lisamayhuby.com, or the Website are trademarks or registered trademarks of LISAMAYHUBY.COM or LISAMAYHUBY.COM’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LISAMAYHUBY.COM or third-party trademarks.
Changes. LISAMAYHUBY.COM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LISAMAYHUBY.COM may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. We reserve the right to change any and all LISAMAYHUBY.COM services without notice.
Termination. LISAMAYHUBY.COM may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your lisamayhuby.com account (if you have one), you may simply delete your account using the Website to login and visit your profile. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by LISAMAYHUBY.COM if you materially breach this Agreement and fail to cure such breach within thirty (30) days from LISAMAYHUBY.COM’s notice to you thereof; provided that, LISAMAYHUBY.COM can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. LISAMAYHUBY.COM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LISAMAYHUBY.COM nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will LISAMAYHUBY.COM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LISAMAYHUBY.COM under this agreement during the twelve (12) month period prior to the cause of action. LISAMAYHUBY.COM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless LISAMAYHUBY.COM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between LISAMAYHUBY.COM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LISAMAYHUBY.COM, or by the posting by LISAMAYHUBY.COM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the province of Ontario, Canada excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Ontario, Canada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Ontario, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LISAMAYHUBY.COM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
ABOUT THESE TERMS OF SERVICE
Thanks to Automattic Inc. (WordPress) for making their legal terms of service available under a Creative Commons Sharealike license. We have used their terms of services as the basis for ours. Read more here and support WordPress: http://en.wordpress.com/tos/