Agreement between User and danagoffigancreativestudio.com
Welcome to danagoffigancreativestudio.com. The danagoffigancreativestudio.com website (the
"Site") is comprised of various web pages operated by Dana Goffigan Creative Studio ("DG
Creative Studio"). danagoffigancreativestudio.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of danagoffigancreativestudio.com constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them for your reference.
danagoffigancreativestudio.com is a Business/Portfolio Site.
danagoffigancreativestudio.com is a business site that provides clients with a catalog of services
offered, their starting rates and information on how to book DG Creative Studio for client's
project/event. Additionally, danagofigancreativestudio.com is a portfolio site providing access to
gallery pictures of past client projects and articles DG Creative Studio projects were featured in.
Privacy
Your use of danagoffigancreativestudio.com is subject to DG Creative Studio's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting danagoffigancreativestudio.com or sending emails to DG Creative Studio constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
in writing.
Children Under Thirteen
DG Creative Studio does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
danagoffigancreativestudio.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Booking cancellations are accepted with a full refund within 14 business days. After 14 days, a
25% retainer fee will be deducted from the Clients total refund, in addition to the total cost of any
materials purchased.
At a minimum, Client agrees that the 25% retainer fee fairly compensates Designer for committing
to provide the Services and turning down other potential projects/clients.
Client understands that after Product(s)/Service(s) have been completed, due to their
customization, they cannot be returned.
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Links to Third Party Sites/Third Party Services
danagoffigancreativestudio.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of DG Creative Studio and DG Creative Studio is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. DG Creative Studio is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by DG Creative
Studio of the site or any association with its operators.
Certain services made available via danagoffigancreativestudio.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
danagoffigancreativestudio.com domain, you hereby acknowledge and consent that DG Creative
Studio may share such information and data with any third party with whom DG Creative Studio
has a contractual relationship to provide the requested product, service or functionality on behalf of
danagoffigancreativestudio.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
danagoffigancreativestudio.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to DG Creative Studio that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of DG Creative Studio or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
DG Creative Studio content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of DG Creative Studio and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of DG Creative Studio or our licensors except as expressly
authorized by these Terms.
International Users
The Service is controlled, operated and administered by DG Creative Studio from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
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for compliance with all local laws. You agree that you will not use the DG Creative Studio Content
accessed through danagoffigancreativestudio.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DG Creative Studio, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
DG Creative Studio reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with DG Creative Studio in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and DG Creative Studio agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
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AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DANA GOFFIGAN CREATIVE STUDIO AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
DANA GOFFIGAN CREATIVE STUDIO AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. DANA GOFFIGAN CREATIVE STUDIO AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DANA GOFFIGAN CREATIVE STUDIO AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DANA GOFFIGAN
CREATIVE STUDIO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/Access Restriction
DG Creative Studio reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or
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relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and DG Creative Studio as a result of this agreement or use of the Site. DG Creative Studio's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of DG Creative Studio's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by DG Creative Studio with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and DG Creative Studio with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and DG
Creative Studio with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
DG Creative Studio reserves the right, in its sole discretion, to change the Terms under which
danagoffigancreativestudio.com is offered. The most current version of the Terms will supersede all
previous versions. DG Creative Studio encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
DG Creative Studio welcomes your questions or comments regarding the Terms:
Dana Goffigan Creative Studio
_________________
Rancho Cucamonga, California 91737
Email Address:
danagoffigan.cs@gmail.com
Telephone number:
909-917-4432
Effective as of November 21, 2022