Effective Date: January 1st, 2023

Terms & Conditions

BY visiting VANGRAYDESIGNS.COM OR PURCHASING A PRODUCT OR SERVICE FROM VAN GRAY DESIGNS, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. The terms “we,” “us,” and “our” refer to VAN GRAY DESIGNS. The term the “Site” refers to VANGRAYDESIGNS.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “Service” or “Services” refers to any of the following: BLOG, DIGITAL PRODUCTS FOR SALE, NEWSLETTER SIGN UP, FREE WORKSHEETS IN OUR RESOURCE LIBRARY, BRANDING DIRECTION, COACHING, CLASSES, DESIGN SERVICES & WEBDESIGN SERVICE or MONTHLY DESIGN SERVICES.

Use of VANGRAYDESIGNS.COM, including all materials presented herein and all online services provided by VAN GRAY 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.

Lawful Purposes

You may use VANGRAYDESIGNS.COM 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

Digital Product Payments, Project-for-Hire Deposits, Payments for Services Rendered, and Retainer Payments are considered fully earned and non-refundable.

Additional Costs & Project Expenses

You agree to pay applicable additional costs and/or expenses incurred by VAN GRAY DESIGNS in connection with the Services provided. ADDITIONAL COSTS & PROJECT EXPENSES include, but are not limited to: (a) incidental and out-of-pocket expenses including but not limited to costs for telephone calls, postage, shipping, overnight courier, service bureaus, typesetting, blueprints, models, presentation materials, photocopies, computer expenses, parking fees and tolls, and taxis at cost, (b) travel expenses including transportation, meals, and lodging; (c) standard, web expenses such as SSL Certificates, domain or hosting fees; (d) credit card, wire transfer or other applicable payment processing fee; (e) equipment rental or location rental; (f) photographer costs and fees, (g) photography, artwork, or music licenses (h) CHANGES OR REVISIONS to designs requested by you which are OUTSIDE OF THE SCOPE OF THE SERVICES.

Materials 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.

Invoices

All invoices are payable upon receipt. Any invoice not paid within 15 days of receipt (“Grace Period”) will be subject to a monthly service charge of an additional 1.5% payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. You shall be responsible for all collection or legal fees necessitated by lateness or default in payment. VAN GRAY DESIGNS reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.

Client Responsibilities

Within five (5) business days of receipt of Service Deliverable, you shall notify VAN GRAY DESIGNS, in writing, of any objections, corrections, changes or amendments you wish made to such Deliverable. In the absence of such notice from you, the Deliverable shall be deemed Approved. You hereby acknowledge that beyond those 7 business days, any and all objections, corrections, changes or amendments requested are subject to the terms and conditions of this Agreement and therefore any time spent completing them will fall within VAN GRAY DESIGNS's billable working hours, unless explicitly agreed to in writing by both Parties. As a client, you acknowledge you shall be responsible for performing the following in a reasonable and timely manner: (a) Coordination of any decision-making with Parties other than VAN GRAY DESIGNS; (b) Reasonable response time and delivery of any existing brand assets needed to complete the project; (c) Final proofreading and in the event that you have approved Deliverables with errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, you shall incur the cost of correcting such errors. (d) Downloading and/or storing all Deliverables provided by the VAN GRAY DESIGNS accordingly, acknowledging that it is your responsibility to keep these files safe, and that the VAN GRAY DESIGNS is not to be held liable for any deleted and/or misplaced Deliverables.

Our Intellectual Property

The Site and Service contain intellectual property owned by VAN GRAY 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.

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, VAN GRAY DESIGNS, 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 VAN GRAY 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 VAN GRAY DESIGNS’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM VAN GRAY DESIGNS, AND IF NO PURCHASE HAS BEEN MADE BY YOU VAN GRAY DESIGNS’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

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 VAN GRAY 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 VAN GRAY 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 VAN GRAY DESIGNS.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to: connect@vangraydesigns.com

Governing Law; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Georgia as applied to contracts that are executed and performed entirely in Georgia. 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 & Resolution 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, sublicense able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Privacy Policy

This privacy policy by Van Gray Designs (“we,” “our”) has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual or information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To improve our website in order to better serve you.

To allow us to better service you in responding to your customer service requests.

To send periodic emails regarding your order or other products and services.

To follow up with them after correspondence (live chat, email or phone inquiries).

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since every browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you turn cookies off, your experience on this website will not change.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links and services

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party services may include, without limitation, marketing and advertising services, social bookmarking services, social network platforms, publication and delivery services, payment process services and other payment intermediaries or websites and members of our network. These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk. Any Third-Party Service access from the Site or the Products is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such Third-Party Service may have terms of use and a privacy policy different than ours and you should review the applicable terms and policies, including privacy and data gathering practices before proceeding.

These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

We may partner with third party analytic companies, including Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third-party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third-party analytic companies. You should review their Privacy Policy and contact them directly if you have questions.

Opting out:

If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool or contact us directly.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more here. According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

On our Privacy Policy Page.

Can change your personal information:

By emailing us.

California Residents

If you are a California resident and have an established business relationship with us, you may request a notice disclosing the categories of personal information we have shared with third parties, for the third parties’ direct marketing purposes, during the preceding calendar year. To request such a notice, please submit your request to Van Gray Designs on our Contact Page.

Please allow 30 days for a response.

If you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have posted to our website or other online services. Note that fulfillment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us here.

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

We also allow third-party behavioral tracking.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information. In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

- Within 7 business day.

- We will notify the users via in-site notification.

- Within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

- Send information, respond to inquiries, and/or other requests or questions.

- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

- Not use false or misleading subjects or email addresses.

- Identify the message as an advertisement in some reasonable way.

- Include the physical address of our business or site headquarters.

- Monitor third-party email marketing services for compliance, if one is used.

- Honor opt-out/unsubscribe requests quickly.

- Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails,

Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Disclaimers

Accuracy of Content

Information provided on the Site and in the Service related to branding design and other information are subject to change. VAN GRAY DESIGNS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. VAN GRAY DESIGNS disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

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 VAN GRAY DESIGNS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Affiliate Links

If you click on a link that within this site, sometimes it may be a link to an company who will give us a commission if you buy something from their site. That means that VAN GRAY DESIGNS might get paid if you click on that link. And the reason why we’re telling you this is because we want to be upfront with you, and because it’s illegal not to. That said, we promise to use any affiliate commissions earned for good causes: Things like reinvesting in this business to bring you even better resources, or simply because we think these resources will be genuinely helpful for you!

Contacting Us

If there are any questions regarding our Terms of Conditions, Privacy Policy, or Disclaimers; you may contact us here.

The terms, policies and disclaimers listed on this page are effective as of the 1st of January 2023.

Last Updated on 1/20/2023