Terms & Privacy

Terms & Privacy

Exceed Branding Terms & Conditions and Privacy Policy

  • Terms & Conditions

    OVERVIEW
    The terms “we,” “us,” and “our” refer to Exceed Branding. The term the “Site” refers to www.exceedbranding.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.Exceed Branding provides services in Company Naming, Visual Brand Identity, Brand Photography, and Web Design. (the “Service”). Use of www.exceedbranding.com, including all materials presented herein and all online services provided by Exceed Branding is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

    USE OF THE SITE AND SERVICE
    To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to small business branding and other information are subject to change. Exceed Branding makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Exceed Branding disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

    ACCOUNT CREATION
    In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Exceed Branding will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

    LAWFUL PURPOSE
    You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

    ACCREDITATION AND PROMOTION
    Exceed Branding shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated on each page of the final deliverables. We retain the right to reproduce, publish and display the deliverables in portfolios, websites, in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.

    REFUSAL OF SERVICE
    The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

    CANCELLATIONS, REFUNDS & RETURNS
    In the event that you would like to cancel your project within the first 30 days, a kill fee of 50% of the total rate will be charged. With any service that is purchased, we reserve the right to cancel if you do not respond within 21 days, in which the 50% kill fee will apply.

    PRODUCT DESCRIPTION
    We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

    MATERIAL YOU SUBMIT TO THE SITE
    You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

    INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
    We claim no intellectual property rights over the material you supply to Exceed Branding. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Exceed Branding remains yours to the extent that you have any legal claims therein. You agree to hold Exceed Branding harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

    OUR INTELLECTUAL PROPERTY
    The Site and Service contain intellectual property owned by Exceed Branding, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

    CHANGED TERMS
    We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

    LIMITATION OF LIABILITY
    YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Exceed BRANDING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Exceed BRANDING HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Exceed BRANDING’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Exceed BRANDING, AND IF NO PURCHASE HAS BEEN MADE BY YOU Exceed BRANDING’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

    THIRD PARTY RESOURCES
    The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Exceed Branding. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

    INDEMNIFICATION
    You shall indemnify and hold us 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, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

    EFFECT OF HEADINGS
    The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

    ENTIRE AGREEMENT; WAIVER
    This Agreement constitutes the entire agreement between you and Exceed Branding pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Exceed Branding shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Exceed Branding.

    NOTICES
    All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
    5030 Champion Blvd, Boca Raton, FL 33496

    GOVERNING LAW; VENUE; MEDIATION
    This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Palm Beach County, FL. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
    resolution procedures.

    RECOVERY OF LITIGATION EXPENSES
    If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

    SEVERABILITY
    If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

    ASSIGNMENT
    These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

    Updated: October 2018

  • Privacy Policy

    OVERVIEW
    Exceed Branding is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at www.exceedbranding.com (the “Site”), and how we collect and use that information.The terms “we,” “us,” and “our” refers to Exceed Branding. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address. Exceed Branding provides services in Company Naming, Visual Brand Identity, Brand Photography, and Web Design. (the “Service”). Use of Exceed Branding, including all materials presented herein and all online services provided by Exceed Branding, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

    INFORMATION WE COLLECT
    This Site only collects the personal information you voluntarily provide to us, which
    may include:* Collecting First and Last Name in order to subscribe visitors to our Newsletter
    * Collecting email or phone numbers in order to contact you about services offered
    * Posting your testimonial on the website with your First and Last Name.The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

    ACTIVITY
    We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

    COOKIES
    We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

    THIRD PARTY LINKS
    The Site may contain links to third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

    SECURITY
    We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

    CHILDREN
    To access or use the Site, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

    UPDATING YOUR INFORMATION
    You may access and correct your personal information and privacy preferences by contacting us via email at mark@exceedbranding.com

    CHANGES TO THIS POLICY
    You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

    CONTACT
    If you have questions about our privacy policy, please email us at mark@exceedbranding.com
    Updated: October 2018