Acceptance of Terms
BY USING THE WEBSITE AND OR SERVICES PROVIDED, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Terms and Conditions
Full payment is required with your order, including shipping if the order includes printing or requires shipping of any sort. No design work, printing, and/or access to HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ will be initiated until payment is received. No refunds are given once your order has been placed and payment has been verified.
HUTdogs and/or Emjay Creative inc. may modify this Agreement from time to time and such modification shall be effective upon posting by HUTdogs and/or Emjay Creative inc. on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Terms and Conditions - related to but not limited to HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ subscription and web site use
Client / Subscriber is using the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ to promote their own business and takes full and legal responsibility for the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ content.
HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ is for business purposes only. No pornographic, sexually explicit, offensive, racist, discriminative, defamatory, illegal, criminal or objectionable content may be posted. HUTdogs and/or Emjay Creative inc. reserves the right to investigate and take appropriate legal action against anyone who, in HUTdogs and/or Emjay Creative inc. sole discretion, violates this provision, including without limitation, removing the offending communication from the Subscriber’s HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ and terminating the Subscription of such violators. If content to include photos, illustrations, images, text and/or any other items posted to a HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ is deemed to be objectionable or contains content that is offensive, that content will be removed from the site and Client / Subscriber access to the page will be revoked.
HUTdogs QuickSite™ is sold as subscription (SAS). QuickSite™ and its technology is hosted on the HUTdogs server. The QuickSite™, QuickSite2™ and QuickSqueeze™ code and technology are the intellectual property of HUTdogs and may not be reproduced, transferred or otherwise repurposed.
The Client / Subscriber and/or their assigns associated with that HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ will forfeit all fees and payments made to HUTdogs and/or Emjay Creative inc. The Client / Subscriber will NOT be reimbursed and the associated page will be removed. All HUTdogs QuickSites are subject to random inspections by HUTdogs. Inspection of content to include but not limited to; written content and images.
HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ is not for personal messages or personal interaction such as online dating. Any HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ postings deemed to be for the purpose of such activity will be removed from the HUTdogs server. The subscriber for that HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ will forfeit all fees and payments made to HUTdogs and/or Emjay Creative inc. The Client / Subscriber and/or their assigns will not be reimbursed and the associated page will be removed.
HUTdogs and/or Emjay Creative inc. reserves the right to refuse and/or revoke services to any business, person, or entity.
Client / Subscriber assumes responsibility for all content, copy, layout and text. Furthermore, any and all text, materials, media and graphics posted by Client / Subscriber or designer on behalf or Client / Subscriber, to include but not limited to; company logos, photographs, illustrations, images, drawings, video, sound, animations, copy and text are provided by permission and are not in violation of copyright if reproduced and/or posted to a web site. Client / Subscriber has legally acquired all content to include but not limited to: company logos, photographs, illustrations, images, drawings, video, sound, media, copy and text. Client / Subscriber assumes full responsibility for ALL content posted to include; text images photos, illustrations, drawings, video, media, sound and other graphical elements and hold Emjay Creative inc /HUTdogs harmless.
ALL content posted by Client / Subscriber and or by a HUTdogs designer and or third party designer on behalf of Client / Subscriber is the FULL responsibility of Client / Subscriber.
(a) General. HUTdogs bills you through an online account for use of the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ Service. You agree to pay HUTdogs all charges at the prices then in effect for any use of the QuickSite™ and or QuickSqueeze Page™ Service by you or other persons (including your agents) using your Billing Account, and you authorize HUTdogs to charge your chosen payment provider (your "Payment Method") for the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ Service. You agree to make payment using that selected Payment Method. HUTdogs reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. By entering into this Agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. HUTDOGS MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY HUTDOGS) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE HUTDOGS REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, CONTACT SPARKY@HUTDOGS.COM.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY HUTDOGS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE HUTDOGS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HUTDOGS MAY CONTINUE CHARGING YOU FOR ANY USE OF THE QUICKSITE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE QUICKSITE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY HUTDOGS).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If HUTdogs does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and HUTdogs shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that HUTdogs may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, contact Sparky@HUTdogs.com. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Your QuickSite will be removed at the end of the resigned subscription term.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ Service reaffirms that HUTdogs is authorized to charge your Payment Method. HUTdogs may submit those charges for payment and you will be responsible for such charges. This does not waive HUTdogs's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Sparky@HUTdogs.com to have the charges reversed.
Proprietary Rights in Content on HUTdogs.com
By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to HUTdogs and/or Emjay Creative inc., a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services
HUTdogs and/or Emjay Creative inc. are not responsible for any copy, images, photographs, illustrations, drawings, text, typographical errors, omissions and/or ANY Client / Subscriber’s HUTdogs QuickSite™ and or HUTdogs QuickSqueeze Page™ content.
Terms and Conditions - related to but not limited to design, printed materials and email marketing
A limited amount of revisions may apply to your design and/or layout. After the allotted number of revisions and/or modifications have been used, additional fees may be assessed for any additional revisions and/or modifications. A minimum $150 processing fee for each revision phase may apply.
All sales are final for all orders. Client will be required to sign off on a digital proof before your file is sent to the printer for production. Client will be required to approve the artwork and assume responsibility for all copy, layout, graphics and photos, and understand any additional changes after your signature of approval will cause delays and you will also assume responsibility for all fees associated with further revisions.
Client will approve the artwork and assumes responsibility for all copy, layout and text and further understands any additional changes after signature / approval will cause delays. Furthermore, any and all text and graphics provided by Client, to include but not limited to; company logos, photographs, illustrations, images, drawings, copy and text are provided by permission and are not in violation of copyright if reproduced. Client assumes full responsibility for all text and graphics. The client will also assume responsibility for all fees associated with further revisions. HUTdogs and/or Emjay Creative are not responsible for any copy, typographical errors, omissions and/or document contents. Print jobs that have been approved by Client and subsequently stopped/cancelled during production, are subject to a minimum cancellation fee of $150 and may be charged for the FULL amount.
HUTdogs assumes no responsibility for delays or damages caused by shipping carriers.
Emjay Creative Inc. and or HUTdogs will not commence work until Client approval has been received either by signed approval, payment and or both. Furthermore, any and all text, graphics and lists provided by Client, to include; company logos, photographs, illustrations, images, drawings, copy, text, email lists, contact lists and any other data are provided by permission and are not in violation of copyright if reproduced; in regards to lists and email distribution; Client confirms and verifies that Client has obtained the lists /data via a permission process and is in compliance of the CanSPAM act. Client assumes responsibility for all text, graphics, lists and data associated with any given project.
Terms and Conditions - related to Working Elements, Working Files and or Source Files
Client understands that they are contracting Emjay Creative inc. and or HUTdogs to produce a finished file of the design and or layout per the scope of work. Finished files will be delivered in a print ready and or web-ready file format. The final product delivered to Client does not include any working files and or source files. Unless agreed in advance of any work, working elements, working files and or source files will NOT be delivered to the client.
Working elements, also referred to as working files and or source files, used to produce the finished product/design include but are not limited to; layered Photoshop files, layout files created in InDesign or other layout tools, preliminary sketches, concept files, original artwork files, notes, white-board notes, white board concepts, white board drawings, logo mock-ups and or branding mock-ups/concepts. Working file and or source files are NOT included in the final file delivery to Client.
The final product for design and or layout work will be delivered as a flat file; PDF, JPG, PNG, GIF, and or EPS file format. These files may be used for print, presentation and or online use. Flat files do NOT include; Photoshop files, Illustrator files, InDesign files, RAW image files, layered files, art boards, and or other working elements that were used to create the finished piece.
Terms and Conditions related to but not limited to Appointments and Event Attendance
Attendance of Scheduled Appointments to inlcude but not limited to; consultation, coaching sessions, one-on-one instruction, events, workshops, seminars, classes and any other HUTdogs and or Emjay Creative Inc, activity, are the sole responsibility of Client.
Regarding appointments: scheduled coaching, one-on-one instruction, consulting and or teaching: If Client misses an appointment without properly notifing HUTdogs and or Emjay Creative Inc., within 24 hours of scheduled appointment Client will be be charged for the full amount. Client is solely responsible for attending the scheduled appointment, initiating the scheduled phone call, logging in to a webinar session and or other scheduled activity with HUTdogs and or Emjay Creative Inc., at the appointed time(s). If Client does not show up, login and or does not call-in at the scheduled time, the time slot/block will be forfeited and Client will be charged for the entire scheduled block of time. The time will be considered as used/expired and will not be re-issued or rescheduled for a later date. No refunds will be given.
If Client calls in late, only the portion of time remaining of the scheduled session may be used and Client will be charged for the full session. HUTdogs and or Emjay Creative Inc, reserve the right to deem a late call-in and or late arrival by Client as a failure to attend the scheduled session and the entire session will be charged to Client without any services provided. No refunds or rescheduling will be issued.
Regarding events, workshops, classes and other activities: Clients who have paid for an event, webinar, seminar, workshop, class and or other HUTdogs and or Emjay Creative Inc., scheduled and or sponsored event and fail to attend the event, webinar, seminar, workshop, class and or other activity will NOT receive a refund or credit to attend a subsequent event. Attendance is Client's responsibility. No "rain checks" will be issued. All sales are final. No refunds will be given.
Furthermore, For Hands on workshops you are responsible for the use and maintenance of your own computer/laptop. It must be a working LAPTOP with wireless Internet connection. You must have a current/up to date browser and OS. You must be familiar with your laptop and know how to access the Internet using your laptop's wireless connection. Tablets and iPads should not be used. No time will be spent to trouble shoot laptop issues.
Refund policy: Attendance to the Hands-on Workshop Session is by paid admission only, and is specifically associated with the given date and venue. Registration/payment for Hands-on Workshop cannot be transferred, traded, substituted or refunded. Once you have registered and paid for the Hands-on Workshop, NO refunds will be issued. Registrants that subsequently can not attend the paid event, for what ever reason, will not have the cost of the event refunded, traded, and or credited, your paid admission will simply be forfeited if you can not attend.
Terms and Conditions - Related to third party tools and services
Important: HUTdogs uses third party tools and services such as Facebook, Constant Contant, Fan Page engine, Wordpress and others to build custom solutions. Third party services and tools used in the development of any project may change at any time. HUTdogs is not resposible for any changes, upgrade requirements, functionality, layout and or any other changes a third party service may develop, which may effect an existing layout, functionality, use, and or other aspect of the solution.
Any third party changes that result in additional costs to update, upgrade and or comply with any changes such as a new format, layout, tool enhancement and or any other requirements will NOT be absorbed by HUTdogs. We will make every effort to keep you informed of any costs that may be involved as well as additional work needed to accomodate a third party change.
Furthmore, established solutions, those solutions that have been completed prior to any third party change, will NOT be upgraded to any new requirement standard that a third party subsequently develops, deploys and or changes in any way. These changes are considered out side the scope of the original work performed by HUTdogs.
A separate scope of work with any associated costs can be requested by Client.
Terms and conditions - General (applies to any and all services provided by HUTdogs and/or Emjay Creative inc.)
Indemnity. You agree to indemnify and hold HUTdogs and/or Emjay Creative inc., its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes HUTdogs and/or Emjay Creative inc. to be liable to another. Client / Subscriber indemnify and hold HUTdogs, Emjay Creative inc., HUTdogs employees, Emjay Creative inc. employees, HUTdogs contractors, and Emjay Creative inc. contractors harmless from any and all legal responsibility arising from and/or because of Client’s / Subscriber’s use of HUTdogs and/or Emjay Creative inc. services to include HUTdogs QuickSite, custom design, printing, web development. Client / Subscriber is responsible for ALL content posted to subscriber’s HUTdogs QuickSite.
Limitation on Liability. IN NO EVENT SHALL HUTDOGS AND/OR EMJAY CREATIVE INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HUTDOGS AND/OR EMJAY CREATIVE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUTDOGS AND/OR EMJAY CREATIVE INC.'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HUTDOGS AND/OR EMJAY CREATIVE INC. FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Disclaimers. HUTdogs and/or Emjay Creative inc. is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. QuickSites created and posted by Subscribers on HUTdogs and/or Emjay Creative inc. may contain links to other websites. HUTdogs and/or Emjay Creative inc. is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HUTdogs and/or Emjay Creative inc.. Inclusion of any linked website on HUTdogs and/or Emjay Creative inc. does not imply approval or endorsement of the linked website by HUTdogs and/or Emjay Creative inc.. When you access these third-party sites, you do so at your own risk. HUTdogs and/or Emjay Creative inc. takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers and/or its subscribers. HUTdogs and/or Emjay Creative inc. is not responsible for the conduct, whether online or offline, of any User of the Services. HUTdogs and/or Emjay Creative inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HUTdogs and/or Emjay Creative inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall HUTdogs and/or Emjay Creative inc. be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a HUTdogs and/or Emjay Creative inc. event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and HUTdogs and/or Emjay Creative inc. expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HUTdogs and/or Emjay Creative inc. cannot guarantee and does not promise any specific results from use of the Services.
HUTdogs, Emjay Creative inc., may opt to use a third party solution and or tool to develope a web site, facebook page, blog, or other online and or off line creation. Our use of any third party product, online solution, tool, software or other item is implied to be approved by Client. Client agrees to any and all terms and conditions of the third party provider and is fully responsible for seeking out, reading, understanding and agreeing to said terms. HUTdogs is NOT resposible for any action and or inaction of the third party provider, such as; server down time, changes in terms, technical interface, change in service and or any other activity.
HUTdogs actively promotes affiliate links and programs. We provide links and promotional activities for these third party affiliates on our web site and may receive some form of compensation.
HUTdogs, Emjay Creative inc. are the providers of products and services purchased via HUTdogs.com
Client refers to the person, persons or entity purchasing any products and/or services from HUTdogs and/or Emjay Creative inc.
Subscriber refers to the person, persons or entity purchasing services, specifically; access to HUTdogs QuickSite products and services.
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