Terms and Conditions
BY VISITING WWW.TINAMARIEDESIGNS.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Tina Marie Designs. The term the “Site” refers to www.tinamariedesigns.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The blog, any digital or physical products, marketing, branding, and/or web design services (the “Service”).
Use of www.tinamariedesigns.com., including all materials presented herein and all online services provided by Tina Marie Designs, 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 website design, branding, and other information are subject to change. Tina Marie Designs makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Tina Marie Designs 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 Tina Marie Designs 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 PURPOSES
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.
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.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Our return and refund policies differ when it comes to the type of Product sold. For the purposes of this subsection and for the purpose of better distinguishing between the possible modes of delivery offered to you, arising from the return and refund policies of Tina Marie Designs, by “Digital Products”, we mean intangible information in the form of digital files, e-books, or other material which is directly downloaded to your personal computer or mobile device supporting such download. For the purposes of this document, by “Digital Subscriptions”, we mean paid reservations for live and recorded videoconferences, live workshops and other live streams with a limited number of entries which are set on a specific date. By “Tangible Products”, we mean every type of tangible object which is present in the physical world, which requires shipping in order to be delivered to you. By “Customized Tangible Products”, we mean tangible products which have been tailored to your specific preferences, mostly suitable for more demanding customers wishing to have a unique product purchased via our Website.
RETURN OF DIGITAL PRODUCTS
Due to the intangible nature of the digital products, no returns or refunds will be made available from purchases of digital products (for example, without limitation to: graphics, worksheets, music, e-books, audiobooks, videos and other digital material).
RETURN OF DIGITAL SUBSCRIPTIONS
Digital subscriptions are paid for services which include live videoconferences, workshops, e-courses, and streams which deal with a specific issue which is discussed either by way of monologue or dialogue with the live audience made possible via third-party streaming systems.
Digital subscriptions enjoy a grace period of minimum 10 days, with 100% satisfaction guarantee. These specifics are displayed upon checkout. In the unlikely case that you aren’t satisfied with our service, we will issue a full refund of funds paid on the digital subscription.
RETURN OF TANGIBLE AND CUSTOMIZED TANGIBLE PRODUCTS
Return of tangible product(s), which do not require any customization will be possible within the first 30 days, beginning from the original shipment of your delivery.
Return of customized tangible product(s), which do require a level of customization is not possible due to the custom nature of the product. However, if you are not satisfied with the way of customization as shipped to you, you may require a partial refund on the product.
REFUNDS
Tina Marie Designs will refund the full nominal price of each order of a tangible product which was concluded by a buyer, excluding shipping costs. If the product(s) which an order is consisted of, were sold with a discount during a sale or using a Discount Coupon and/or Code, the nominal price for the product(s) at hand, displayed in the price breakdown before checkout on our Website will be refunded, excluding shipping costs.
Partial refunds will be at the discretion of Tina Marie Designs. Customized Tangible Products do retain a nominal value before being customized, so the partial refund may maximally as high as the price of the customization of the tangible product.
DISCRETION
Returns and Refunds of Digital, Tangible and Customized Tangible products will be primarily governed by this Subsection, but will, at all times, be subject to Tina Marie Designs, LLC’s full discretion.
Tina Marie Designs will not, for example, accept returns or refunds of damaged goods, even if Tina Marie Designs was correctly requested to do so in a timely manner.
Tina Marie Designs will offer no refunds for digital subscriptions paid for by customers who have outstanding late payments or who did not use the digital subscription.
Tina Marie Designs will offer partial/full refunds for digital subscriptions and tangible products (outlined above) in the grace period of 10 days, which is part of our 100% satisfaction money back guarantee.
Customizable products will have their description set out in the “Store” portion of Tina Marie Designs’ Website. If the Buyer was clearly warned about the potential damage to the product arising from the requested manner of customization, but has pursued for the product to be customized in such manner, no refunds or returns will be accepted.
Customizable products are to have their nominal value before customization safely stored in all relevant databases by Tina Marie Designs. Upon inquiry by a Buyer, the nominal value before customization will be disclosed, as well as the breakdown of customization expenses.
CANCELLATION OF SERVICES
Client may cancel their signed Agreement for any reason by providing a minimum of 10 days written notice to Company. Cancellation of this Agreement by Client will not extinguish Client’s obligation to pay the project fee through the last day of performance or the 10th day after notice is provided, whichever comes later. In the event Client cancels this Agreement, Client will also remain obligated to pay all pre-approved expenses incurred by Company on Client’s behalf through the last day of performance or the 30th day after notice is provided, whichever comes later. Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that Company cancels this Agreement, Company will provide a prorated refund of any overages of monthly fees paid minus any approved, unpaid expenses incurred on Client’s behalf.
SQUARESPACE TEMPLATE TERMS
100% Satisfaction Guarantee: if you are not satisfied with your purchase of a Squarespace Template from Tina Marie Designs for any reason, you may request a refund within 10 days of your purchase.
Refunds will only be issued for unpublished trial websites, and refunds are contingent on the deletion of the template site.
Within two business days, Customer will receive a Contributor Invitation from Tina Marie Designs to access their new Squarespace website. Customer must accept this invitation within 10 days.
If a Contributor Invitation remains unclaimed after 10 days, we will make every effort to contact the customer via the contact methods provided on the order form. If Customer cannot be reached and the Contributor Invitation remains unclaimed after 30 days, the website will be deleted.
Customer is responsible for preserving their chosen template’s demo pages.
Customer is responsible for upgrading a trial site with Squarespace within 6-month trial period. If Customer lets free trial lapse, Customer must reactivate their site with Squarespace using this guide. Tina Marie Designs will not issue a new website template for expired trials.
Template designs may not be duplicated and/or resold.
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 Tina Marie Designs. 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 Tina Marie Designs remains yours to the extent that you have any legal claims therein. You agree to hold Tina Marie Designs 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 Tina Marie Designs, 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.
REVOCABLE LICENSE
Tina Marie Designs offers downloadable graphics, templates and illustrations (collectively “creative works”) to help you (“Licensee”) attract your dream clients. Use of any and all downloadable creative works are subject to HSC’s Terms and Conditions and licensing terms.
Tina Marie Designs creative works may be used for the following purposes: (i) promotion of Licensee’s business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (ii) use for solely personal purposes.
You as the Licensee have a Single User license. As a Single User, selling, assigning, licensing, or receiving other consideration for HSC creative works is strictly prohibited. If HSC discovers you, your affiliates, your employees, or your subsidiaries are selling, assigning, licensing, or receiving other consideration for Tina Marie Designs graphics Tina Marie Designs shall at its discretion revoke your license.
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, [INSERT YOUR COMPANY NAME] 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 TINA MARIE DESIGNS 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 [INSERT YOUR COMPANY NAME]’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TINA MARIE DESIGNS, AND IF NO PURCHASE HAS BEEN MADE BY YOU ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF TINA MARIE DESIGNS’ 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 Tina Marie Designs. 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 Tina Marie Designs. 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 Tina Marie Designs. 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 Tina Marie Designs.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
tina@tinamariedesigns.com
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Michigan as applied to contracts that are executed and performed entirely in Michigan. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Kalamazoo County, Michigan. 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: January 2025