Terms of Use - Terrence Prather Creative Director Portfolio

Terms of Use for Terrence Prather Creative Director Portfolio

Effective Date: [Insert Date]

Address: 831 Auburn Rd Ste 210 #1106, Dacula, GA 30019-5437

Business Contact Email: [email protected]

Business Contact Phone: 404-226-2314

Business Website: https://www.terrenceprather.com/portfolio

  • 1. Our Website and Services
  • 2. Intellectual Property Rights
  • 3. User Representations
  • 4. User Registration
  • 5. Fees and Payment
  • 6. Prohibited Activities
  • 7. Third-Party Websites and Content
  • 8. Services Management
  • 9. Privacy Notice
  • 10. Digital Millennium Copyright Act (DMCA) Notice and Policy
  • 11. Term and Termination
  • 12. Modifications and Interruptions
  • 13. Governing Law
  • 14. Dispute Resolution
  • 15. Corrections
  • 16. Disclaimer
  • 17. Limitations of Liability
  • 18. Indemnification
  • 19. User Data
  • 20. Electronic Communications, Transactions, and Signatures
  • 21. California Users and Residents
  • 22. Other Important Information
  • 23. Contact Us

Automate 360 Enterprises LLC ("we," "us," "our") operates the Website https://www.terrenceprather.com/portfolio (the "Website"). These Terms of Use ("Terms") govern your access to and use of our Website and any associated services (the "Services"). By accessing the Website, you agree to comply with these Terms, as well as all applicable laws and regulations. If you do not agree to these Terms, you must discontinue using the Website immediately.

Unless otherwise indicated, the Website, including all content, text, graphics, logos, designs, videos, audio, downloadable files, and software (the "Content"), is the proprietary property of Automate 360 Enterprises LLC or its licensors. All rights, title, and interest in the Website and Content, including intellectual property rights, are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

License to Use Content: You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and the Content for personal, non-commercial purposes only. This license is subject to the following restrictions:

  • You may not copy, modify, distribute, or publicly display any part of the Website or Content without prior written consent from Automate 360 Enterprises LLC.
  • You may not use any data mining, robots, scraping, or similar data gathering or extraction methods.
  • Any unauthorized use of the Website or Content may result in legal action.

By using the Website, you represent and warrant that:

  • All registration information you submit is true, accurate, current, and complete.
  • You will maintain the accuracy of such information and update it promptly as necessary.
  • You have the legal capacity to agree to these Terms and comply with them.
  • You will not use the Website for any illegal or unauthorized purpose.
  • Your use of the Website will not violate any applicable law or regulation.

You may be required to create an account to access certain features of the Website. You agree to keep your password confidential and are responsible for all activities that occur under your account. We reserve the right to remove or change your username if it is deemed inappropriate, offensive, or otherwise in violation of these Terms.

Payment Terms: Certain features of the Website or Services may require fees ("Fees"). You agree to pay all applicable Fees in accordance with the payment terms provided at the time of purchase. Fees may include one-time charges, recurring subscription fees, or other payment structures.

Billing Information: You must provide current, complete, and accurate billing information. By submitting your payment information, you authorize us to charge your payment method for any applicable Fees, including taxes.

Refund Policy: All Fees are non-refundable unless otherwise stated. Refunds, if any, will be provided at our sole discretion or as required by law.

You agree not to engage in any of the following activities while using the Website:

  • Engaging in any activity that violates any applicable law, regulation, or contractual obligation.
  • Using the Website to exploit, harm, or attempt to exploit or harm any person.
  • Transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation.
  • Uploading, transmitting, or distributing viruses, malware, or other harmful code.
  • Attempting to gain unauthorized access to any part of the Website or its servers.
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.

The Website may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy practices, or services of third-party websites. Your interactions with such websites are governed by their respective terms and policies, and you agree that we shall not be liable for any damages arising from your use of third-party websites or services.

We reserve the right, but not the obligation, to:

  • Monitor the Website for violations of these Terms.
  • Take appropriate legal action against anyone who violates these Terms, including reporting such conduct to law enforcement authorities.
  • Terminate or suspend your account and access to the Website without notice for any reason, including breach of these Terms.

We care about your privacy. Please review our Privacy Policy for information on how we collect, use, and disclose your personal data. By using the Website, you consent to our collection and use of your personal data as outlined in the Privacy Policy.

If you believe that any material available on the Website infringes your copyright, you may submit a written notification under the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing and its location on the Website.
  • Your contact information, including address, telephone number, and email address.
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner or law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

These Terms shall remain in full force and effect while you use the Website. We may, in our sole discretion, terminate or suspend your access to the Website at any time, without notice, for any reason, including violation of these Terms or applicable laws.

Upon termination, all provisions of these Terms that should reasonably survive termination will continue to apply, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

We reserve the right to modify, suspend, or discontinue the Website or any part thereof at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website.

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Georgia.

Binding Arbitration: Any dispute or claim arising from or relating to these Terms, including breach, termination, or validity thereof, shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA) or another established alternative dispute resolution provider mutually agreed upon by the parties. Any such arbitration shall take place in Georgia.

Class Action Waiver: You agree that any arbitration or legal proceeding will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

There may be information on the Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors or inaccuracies and to update information on the Website at any time without prior notice.

The Website is provided on an "as-is" and "as-available" basis, and we make no representations or warranties of any kind, express or implied, regarding the Website, its Content, or the Services. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall Automate 360 Enterprises LLC or its affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Website or Services, including any errors or omissions to the fullest extent permitted by applicable law.

In no event will Automate 360 Enterprises LLC, its affiliates, officers, directors, employees, agents, contractors, or licensors be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website or Services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our 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 by you, if any, to us for the Services during the six (6) months prior to the cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some or all of these disclaimers or limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Automate 360 Enterprises LLC, its subsidiaries, affiliates, officers, agents, partners, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney fees) arising from:

  • Your use of and access to the Website and Services.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
  • Any claim that your user-generated content caused damage to a third party.
  • Your violation of any applicable law, rule, or regulation.

This indemnification obligation will survive the termination of these Terms and your use of the Website and Services.

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website and Services. We perform regular routine backups of data; however, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of your data.

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.

You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Entire Agreement: These Terms constitute the entire agreement between you and Automate 360 Enterprises LLC regarding the use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Severability: If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

No Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure of Automate 360 Enterprises LLC to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

If you have any questions regarding these Terms of Use, or if you need to contact us for any reason, you may reach us using the contact information provided below:

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Psst! This awesome stuff? It's like a secret recipe-belongs to the clients and yours truly Terrence Prather. No sneaky copying!

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