Terms of Service

This website and the products and services sold here are provided by Katie Schwarz Design. By visiting this website or making a purchase you agree to the following terms. You are free to pin, tweet, or share any content here provided you credit Katie Schwarz Design and link back to the original page.

 

SECTION 1 - WHAT DO I DO WITH YOUR INFORMATION?

When you purchase something from Katie Schwarz Design, as part of the buying and selling process, I collect the personal information you give me such as your name, address and email address.

When you browse the store, I also automatically receive your computer’s internet protocol (IP) address.

When you subscribe or make a purchase, you will receive marketing or newsletter style emails from Katie Schwarz Design. You may unsubscribe from these emails at any time.

SECTION 2 - CONSENT

How do you get my consent?

When you provide Katie Schwarz Design with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to me collecting it and using it for that specific reason only.

If I ask for your personal information for a secondary reason, like marketing, I will either ask you directly for your expressed consent or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for me to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting me at hello@katieschwarzdesign.com.

 

SECTION 3 - CONFIDENTIALITY

All private correspondence between you and Katie Schwarz Design is confidential and may not be shared without my express written consent. Likewise, I will not share your correspondence without your express written consent.  

 

SECTION 4 - DISCLOSURE

Katie Schwarz Design may disclose your personal information if I am required by law to do so or if you violate the Terms of Service.

SECTION 5 - PAYMENT INFORMATION

Payments are processed through Stripe, Square or Paypal. Your credit card information is not stored on this website.

SECTION 6 - THIRD-PARTY SERVICES

In general, the third-party providers used by Katie Schwarz Design will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, I recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either of us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave this store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or this website’s Terms of Service.

SECTION 7 - SECURITY

To protect your personal information, Katie Schwarz Design takes reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide your credit card information, the information is encrypted using secure socket layer technology (SSL) and transmitted to the third-party payment processor, Stripe.

SECTION 8 - COOKIES

This website uses cookies to modify and control your experience on the website.

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third party to recognize you and make your next visit easier and the Service more useful to you. Cookies can be "persistent" or "session" cookies.

How does Katie Schwarz Design use cookies?

When you use and access this website, a number of cookies files may be placed in your web browser. Cookies are used for the following purposes: to enable certain functions of the Service, to provide analytics, to store your preferences, to enable advertisements delivery, including behavioral advertising, to authenticate users and prevent fraudulent use of user accounts. Katie Schwarz Design uses both session and persistent cookies.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

I reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.

SECTION 1 - WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Katie Schwarz Design your consent to allow any of your minor dependents to use this site.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, templates, and all other information and intellectual property accessible on or through this website, any third-party website Katie Schwarz Design may use to distribute or host the Products and Services, and contained in downloads, emails or attachments sent to you or accessible by you from Katie Schwarz Design (“the Content”) is property of Katie Schwarz Design and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

Katie Schwarz Design reserves the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Katie Schwarz Design is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products are subject to change without notice.

Katie Schwarz Design reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy.

Katie Schwarz Design has made every effort to display as accurately as possible the colors and images of the products that appear in the store. I cannot guarantee that your computer monitor's display of any color will be accurate.

I reserve the right but am not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Katie Schwarz Design. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

Katie Schwarz Design reserves the right to refuse any order you place. I may, at my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at this store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Katie Schwarz Design can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

Katie Schwarz Design may provide you with access to third-party tools over which I neither monitor nor have any control nor input.

You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Katie Schwarz Design 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 also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via the Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with Katie Schwarz Design. I am not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Katie Schwarz Design is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at my request, you send certain specific submissions (for example contest entries) or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Katie Schwarz Design. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Katie Schwarz Design may, but has no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Katie Schwarz Design takes no responsibility and assumes no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by the Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Katie Schwarz Design reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Katie Schwarz Design undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Katie Schwarz Design does not guarantee, represent or warrant that your use of my services will be uninterrupted, timely, secure or error-free.

I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time Katie Schwarz Design may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Katie Schwarz Design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Katie Schwarz Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or Katie Schwarz Design. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use these Services, or when you cease using our site.

If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to these Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of Katie Schwarz Design to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Katie Schwarz Design on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby Katie Schwarz Design provides you Services shall be governed by and construed in accordance with the laws of PENSACOLA, FL, 32506, United States.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

Katie Schwarz Design reserves the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@katieschwarzdesign.com.

SECTION 1- PURCHASES AND RETURNS

By making a purchase you agree to pay the total price listed on the website plus any applicable taxes or fees. All payments are processed through via credit card through Stripe or through PayPal.

Katie Schwarz Design offers digital goods and custom printed products for sale. Due to the custom nature of said products they are not eligible for return or exchange except in the instance of a defective item. Please contact hello@katieschwarzdesign within 14 days if you receive a defective physical product. All sales are final on digital products. By using and/or purchasing any product or service from Katie Schwarz Design you agree that all sales are final.

SECTION 2 - INTELLECTUAL PROPERTY RIGHTS

All original content and products on this website are created by Katie Schwarz Design, and I retain intellectual rights on all items.

If you purchase a pre-made branding design or template Katie Schwarz Design grants you a royalty-free license to use the product for your own personal use or in the course of your business. You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any products or content from this website for commercial purposes or in any way that earns you money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the products or content for personal or business use you in no way assume any ownership rights of the content – it remains the intellectual property of Katie Schwarz Design. Any reproduction or unauthorized use of any products or content shall constitute infringement.

 

SECTION 3 - SUPPORT

Any technical support inquiries regarding the purchase of a product or service should be directed to hello@katieschwarzdeisgn.com.

 

SECTION 4 - USERNAME AND PASSWORD

Some products or services may require the use of an account with a username and password. You agree to provide true, accurate, and current information and to keep your login information confidential. Sharing your username and password with others is a violation of these terms. If Katie Schwarz Design has reasonable grounds to suspect that you have shared your account information then I reserve the right to refuse or terminate your access to both free and purchased products or services. My use of your private information is dictated by the terms of the Privacy Policy.

 

SECTION 5 - TERMINATION

Katie Schwarz Design reserves the right, in its sole discretion, to refuse or terminate your access to the products, services, or content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the of the website affected by cancellation or termination. The terms and conditions explained here are still in effect after cancellation or termination.

 

SECTION 6 - DISCLAIMERS AND INDEMNIFICATION

Katie Schwarz Design provides the products and services to you on an as-is basis, and make no promise or guarantee that they will be fit for, or achieve, any particular purpose.

I cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.

I will not be liable to you for lost profits or other special or consequential damages of any kind, nor will I be liable to you for direct damages unless caused by my gross negligence or fraud. The maximum damages payable to you, in any event, will not exceed the number of fees actually invoiced and paid to Katie Schwarz Design in connection with the project in question.

Specifically, I will not be responsible or liable to you for damages or loss caused by: your use of the designs and deliverables in ways that are not covered by the licenses granted to you; anything done by me on your instructions, or using the material you provided for the project; any breach of these terms and conditions by you; any legal, governmental, contractual or other approvals that were required but which you did not obtain; and you will keep me indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that will incur due to any of these specific actions and omissions.

By clicking on the box when making a purchase, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these terms, do not purchase or use the products and services or access the content.

For any questions please contact Katie Schwarz Design at hello@katieschwarzdesign.com.