Privacy Policy

# TruDesigns - Terms of Use

Terms of Service

Welcome to Tru Designs LLC Digital Marketing! These Terms of Service ("Terms") govern your use of our website and any related services provided by Tru Designs LLC Digital Marketing ("Tru Designs," "we," "us," or "our"). You agree to be bound by these Terms by accessing or using our website. If you disagree with these Terms, please refrain from using our website.

1. Acceptance of Terms
By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legal agreement between you and Tru Designs LLC Digital Marketing.

2. Modifications to the Terms
Tru Designs LLC Digital Marketing reserves the right to modify, amend, or update these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting. Existing Clients will be notified of any changes that may influence existing agreements. Most, if not all, agreements, once signed, will not be of concern. Please review the Terms periodically for updates. Continued use of our website after any modifications to the Terms constitutes your acceptance of such changes.

3. Website Use
(a) User Account: Some features of our website may require you to create a user account. You agree to provide accurate, current, and complete information during the registration process and update such information to keep it current and done. You are solely responsible for maintaining the confidentiality of your account credentials and any activities under your account. Tru Designs LLC Digital Marketing reserves the right to suspend or terminate your account at anytime for any reason.

(b) Prohibited Conduct: You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations;
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Interfering with or disrupting the operation of our website or the servers or networks connected to our website;
• Gaining unauthorized access to any portion of our website or any other systems or networks connected to our website;
• Engaging in any conduct that could damage, disable, overburden, or impair our website or interfere with any other party's use and enjoyment of our website;
• Transmitting or distributing any viruses, worms, malware, or other harmful computer code;
• Collecting or harvesting any personally identifiable information, including email addresses, from our website;
• Engaging in any fraudulent or deceptive activities;
• Violating any third-party rights, including intellectual property rights; or
• Encouraging or assisting others to engage in any activities prohibited by these Terms.

4. Intellectual Property
(a) Ownership: All intellectual property rights, including copyrights, trademarks, trade secrets, and any other proprietary rights, in and to our website and its content, are owned by Tru Designs LLC Digital Marketing or its licensors. You acknowledge that you do not acquire any ownership rights by using our website. (b) Limited License: Tru Designs LLC Digital Marketing grants you a limited, non-exclusive, non-transferable, revocable license to access and use our website solely for its intended purpose. This license does not permit you to modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content from our website unless expressly authorized by Tru Designs LLC Digital Marketing. (c) Tru Designs LLC Digital Marketing acknowledges that the website, content, designs, and any other assets developed for the Client become the Client's intellectual property. The Client owns all rights to the work they have paid for.

5. Disclaimer of Warranties
Our website is provided on an "as is" and "as available" basis without any warranties, either expressed or implied. Tru Designs LLC Digital Marketing disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6. Limitation of Liability
To the maximum extent permitted by applicable law, Tru Designs LLC Digital Marketing and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use of our website or these Terms.

7. Indemnification
You agree to indemnify and hold harmless Tru Designs LLC Digital Marketing and its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our website.

8. Governing Law and Dispute Resolution
These Terms shall be governed by and construed following the laws of the jurisdiction where Tru Designs LLC Digital Marketing is based. Any dispute arising from or relating to these Terms or your use of our website shall be exclusively resolved in the courts in that jurisdiction.

9. Severability
If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

10. Third-Party Fonts
Suppose any Project incorporates fonts that are not owned by TruDesigns and require a commercial license for Client to legally reproduce, distribute, or publicly display the project ("Third-Party Fonts"). In that case, TruDesigns will inform Client in writing that one or more Third-Party Fonts have been incorporated into the project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts to comply with the applicable permits. TruDesigns will include in said notice information sufficient for the Client to identify which licenses are required and who to contact to purchase said licenses. Client assumes all responsibility for any consequences resulting from a failure by Client to buy the necessary permits for any Third-Party Fonts incorporated into a Project, provided that TruDesigns has informed Client of such incorporation as described above.

11. User Representations
By using the Website, Client represents and warrants that:

• The Client has the legal capacity and agrees to comply with these Terms of Use.
• The Client is not a minor in the jurisdiction of their domicile.
• The Client will not access the website through automated or non-human means.
• The Client will not use the website for any illegal or unauthorized purpose.
• The Client's website use will not violate any applicable law or regulation.

12. Prohibited Activities
Client shall not access or use the website for any purpose other than that for which the website is made available to the Client. The website may not be used in connection with any commercial endeavors except those related to the work performed by TruDesigns on behalf of the Client. Further, the Client agrees to refrain from the following:

• Making any unauthorized use of the website.
• Retrieving data or content for the purposes of creating or compiling a database or directory.
• Circumventing, disabling, or otherwise interfering with security-related features on the website.
• Engaging in unauthorized framing or linking of the website.
• Tricking, defrauding, or misleading TruDesigns or other users.
• Interfering with, disrupting, or creating an undue burden on the Website or TruDesigns' networks or servers.
• Using the website to compete with TruDesigns.
• Deciphering, decompiling, disassembling, or reverse-engineering any software comprising or making up a part of the website.
• Bypassing any measures on the website designed to prevent or restrict access to the website or any portion thereof.
• Harassing, annoying, intimidating, or threatening any TruDesigns employees, independent contractors, or agents providing services through the website.
• Deleting the copyright or other rights notice from any Content.
• Copying or adapting the website's software.
• Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material, including anything that interferes with any party's use of the website or modifies, impairs, disrupts, alters, or interferes with the service, features, functions, operations, or maintenance of the website.
• Uploading, transmitting, or attempting to do so any material that acts as a passive or active information collection or transmission mechanism.
• Disparaging, tarnishing, or otherwise harming TruDesigns.
• Using the website in a manner inconsistent with any applicable laws, statutes, or regulations.

13. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of TruDesigns, and TruDesigns is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. TruDesigns shall be the sole and exclusive owner of all rights related to the submission except to the extent that rights are granted to the Client under Paragraph 2 ("Ownership of Materials"), and shall, at its sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the submission, and Client hereby waives all claims and recourse against TruDesigns for its use of the submission in accordance with the terms hereof and in its sole discretion hereafter.

14. Management and Oversight
(a)TruDesigns reserves the right to monitor TruDesigns website for violations of these Terms of Use and to take appropriate legal action in response to a breach of the Terms of Use or any applicable law, statute, or regulation. TruDesigns further reserves the right to restrict or deny access to the website or disable the Client's use to protect TruDesigns' rights and property. (b) The client has full ownership and responsibility to manage their own website as please once the project agreement is completed.  

15. Privacy Policy
Using the website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The website is hosted in the United States of America. Access to the website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States, which govern personal data collection, use, or disclosure. The Client's continued use of the website and transfer of data to the United States constitutes express consent of the Client to the transfer and processing of data in the United States. TruDesigns does not knowingly accept or solicit information from individuals under 18. In accordance with the United States Children's Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to TruDesigns without parental consent, TruDesigns shall delete that information as soon as reasonably practical.

16. Returns and Refunds
TruDesigns reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by TruDesigns are the company's ownership and are prohibited from being used by the Client in any way unless otherwise assessed on a case-by-case basis. If a refund is deemed appropriate, a 25% fee will be assigned to the remaining billable period. TruDesigns reserves the right to take appropriate legal actions against the Client for breach of this paragraph.

17. Modification
TruDesigns reserves the right to change, alter, modify, amend, or remove anything or any content on TruDesigns' website for any reason at its sole discretion. TruDesigns may only modify any part of the Client's website with notice to the Client.

18. Connection Interruptions
TruDesigns does not guarantee or warrant that the website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond TruDesigns' control. The Client agrees that TruDesigns shall not be liable to the Client for any loss, damage, or inconvenience caused by the Client's inability to access or use the website during any interruption in the connection or service.

19. Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles.

20. Litigation
Any legal action of whatever nature shall be brought in the state courts of Los Angeles, California, or in the United States District Court for the District of Los Angeles. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

21. Disclaimer
TruDesigns assumes no liability for any errors, mistakes, or inaccuracies of content and materials of any nature whatsoever, any unauthorized access to or use of TruDesigns' secure servers, and or any personal information and or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, and or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the website. TruDesigns does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, a hyperlinked website, or any website or mobile application featured in any advertising.

22. Limitations of Liability and Indemnification
TruDesigns and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from the Client's use of the website. The Client agrees to defend, indemnify, and hold harmless TruDesigns and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the website; (2) breach of these Terms of Use; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, TruDesigns reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify TruDesigns hereunder. The Client agrees to cooperate with the defense of such claims.

23. User Data
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the website. TruDesigns shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against TruDesigns from any such loss or corruption. 

24. Electronic Communications, Transactions, and Signatures
The Client hereby consents to receive electronic communications from TruDesigns, and the Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the website satisfy any legal requirement that such communication be in writing. The Client hereby agrees 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 TruDesigns or through the website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which 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.

25. Showcasing Design Work
TruDesigns reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and TruDesigns, which in turn would void the right of TruDesigns to share or discuss the Client's work publicly.

26. Miscellaneous
These Terms of Use and any policies posted on the website or regarding the website constitute the entire agreement and understanding between the Client and TruDesigns. Failure of TruDesigns to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and TruDesigns.

27. Deadlines and Force Majeure
Deadlines provided by TruDesigns LLC Digital Marketing are estimates and may be subject to change in the event of emergencies, medical illness, or force majeure events. Deadlines are held between both Tru Designs and the Client. TruDesigns will make reasonable efforts to meet agreed-upon deadlines but cannot be held liable for delays caused by such circumstances beyond their control. Adjustments to deadlines will be communicated promptly, and TruDesigns will work with the Client to find suitable solutions and minimize any disruption to the project schedule.

28. Project Management and Requests
Clients are required to submit one request at a time to TruDesigns LLC Digital Marketing. All requests must be documented using the Trillo project management tool. This approach ensures effective communication and allows for proper tracking and organization of requests. TruDesigns will review and address the requests promptly, keeping clients informed of updates and changes through the Trillo platform within a 3-day notice.

29. Payment Terms
Unless otherwise agreed upon, TruDesigns LLC Digital Marketing services payments are to be made in full. However, accommodations can be made for clients who prefer monthly payments or splitting payments into two equal installments. If the Client wishes to make monthly payments in the year subscription, a mutually agreed payment schedule will be established, specifying each installment's amount and due date. The Client must adhere to the agreed-upon payment schedule to ensure timely and uninterrupted services. For clients opting for split payments, the total cost will be divided into two equal installments. The first installment is due at the start of the project or as agreed, and the remaining balance must be paid before the project's completion or within the agreed-upon timeframe.

Failure to make payments as agreed may delay or suspend services until payment is received. TruDesigns reserves the right to take appropriate legal action to recover any outstanding payments.

Please note that specific payment terms may be outlined in the individual service agreement or contract between TruDesigns and the Client.

30. Contact Information
For any questions or complaints regarding the website, don't hesitate to get in touch with Trish Bellardine from TruDesigns at: trishbellardine@trudesigns.co."