Terms and Conditions
Last Updated: March 01, 2025
These Terms and Conditions (“Agreement”) set forth the terms and conditions of your Use of the services provided by Camille Spain (“Services”). In this Agreement “you” and “your” refer to you as the user of the Services, or any agent, employee, or person authorized to act on your behalf. “We”, “us” and “our” refer to Camille Spain and any agent, employee, or person authorized to act on their behalf. This Agreement explains our obligations to you, and explains your obligations to us for use of the Services. When you purchase or acquire services or products offered as part of the Services, or cancel your Services, you are signifying your agreement with the terms and conditions contained in the Agreement.
We offer many Services, and sometimes additional terms may apply. When you use a Service with additional terms (“Service Terms”) (for example, signing a web design or web hosting contract) you will be subject to the additional terms, conditions, and guidelines of the Service Terms. If this Agreement’s terms are inconsistent with the Service Terms, those Service Terms will control.
1. Privacy
Our Privacy Policy is incorporated herein by reference, and also governs your use of the Services.
2. Acceptable Use
Our Acceptable Use Policy is incorporated herein by reference, and also governs your use of the Services. You agree to be bound and abide by all the terms in the Acceptable Use Policy as a condition of your use of the Services.
3. Authority to Enter Into Agreement
By using the Services you represent that you are of legal age to enter into the Agreement. You also warrant that you have the legal power, right, and authority to enter into this Agreement.
4. Your Legal Obligations
You represent and warrant that your use of the Services is not contrary to law, and agree to abide by all applicable laws including all U.S. export, re-export and import regulations, controls, and sanctions.
5. Intellectual Property
Nothing in this Agreement will function to transfer any of either party’s Intellectual Property rights to the other party, and each party will retain exclusive interest in and ownership of its Intellectual Property.
5.1 Intellectual Property Provided for Use In Works Resulting From the Services
You represent and warrant that you have appropriate usage rights to any Intellectual Property provided to us for use in the performance of the Services, or have and will continue to have, all necessary rights and permissions to legally use, display, transfer, license and share that Intellectual Property. If we use your Intellectual Property as set forth in the terms of the Agreement, you represent and warrant that our use does not and will not infringe any third party’s intellectual or proprietary rights.
6. Payment
6.1 Unpaid Fees
We reserve the right to hire a collections agency to collect any payable fees that are unpaid ninety (90) or more calendar days past the due date shown on the last invoice sent to you.
6.2 Chargebacks
If you contact your financial institution or credit card company to decline, reverse, or chargeback (“Chargeback”) any payable fees made to us, we reserve the right to dispute any Chargeback.
6.3 Fees for Third Party Services
We will not be held liable for expenses or fees you incur for the purchase of goods or services from a third party, even if you purchased third party goods or services on our instruction. We will not refund you for fees paid to a third party for goods or services.
7. Refunds
We will not refund non-refundable deposits under any circumstances, except as required by law.
We will terminate the Services and not refund you, except as required by law, if you request or instruct us to engage in any activity that is illegal.
We will terminate the Services and not refund you, except as required by law, if you request or instruct us to engage in behavior that violates another party’s terms of service, acceptable use policies, or other policies, agreements, or contracts.
We will not refund you, except as required by law, if you violate the terms of the Agreement.
We will not refund you, except as required by law, if any third party rejects or removes a work created by our Services from their service or platform if the reason was that material you provided to us violated another party’s intellectual or proprietary rights.
8. Right to Refuse Service
We reserve the right to refuse service if you engage in the following conduct:
8.1 Abusive or Threatening Behavior
Verbal or written abuse, including threats of abuse or retribution, directed to us or a third party. We reserve the right to permanently bar you from doing business with us if you engage in abusive or threatening behavior.
8.2 Inappropriate Sexual Behavior
Inappropriate sexual behavior including but not limited to, unsolicited transmission of sexually explicit material, unwanted sexual advances, unwanted physical contact of a sexual nature, showing your genitals in a sexual way, refusing to put clothing on if we or a third party requests it. We reserve the right to permanently bar you from doing business with us if you engage in inappropriate sexual behavior.
8.3 Discriminatory Behavior
Discriminatory behavior including but not limited to verbal or written disparaging remarks about race, ethnicity, religion, nationality, disability, age, veteran status, gender, gender identity, sexual orientation or any other characteristic associated with systemic discrimination or marginalization; verbal or written remarks that encourage the view that a particular race, ethnicity, gender, gender identity, or sexual orientation is superior to others; verbal or written use of a slur associated with discrimination against marginalized groups. We reserve the right to permanently bar you from doing business with us if you engage in discriminatory behavior.
9. Limitation of Liability
None of the parties to this Agreement will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into the Agreement. We will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, revenues, customers, data, use, goodwill, or other intangible losses) even if a party has been advised of the possibility of such damages. We will not be responsible for any compensation, reimbursement, or damages arising in connection with: (a) our discontinuation of our business in part or in whole, (b) the cost of procurement of substitute goods or services, (c) any investments, expenditures, or commitments by you in connection with this Agreement, (d) your failure to prevent any unauthorized access to, alteration or deletion of, destruction, damage, loss or failure to store any of the deliverables resulting from the Services and this Agreement. To the fullest extent permitted by law, in no event shall our aggregate liability for all claims arising out of or related to the Services and this Agreement exceed the amount paid by you to us in the twelve (12) months immediately preceding the event that gave rise to such claim.
10. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold us harmless from and against all damages, losses, liabilities, costs, claims, demands, fines, awards, and expenses of any kind arising out of or related to: (a) your breach of this Agreement, (b) your violation of any law or regulation or the rights or good name of any third party, (c) intellectual property infringement claims against you arising from material provided by you, (d) access you grant us to user accounts, software, or computer hardware.
11. Dispute Resolution
11.1 Informal Resolution
Before filing a claim against another party to this Agreement, the aggrieved party agrees to attempt to resolve the
dispute by first calling, emailing, or mailing the other party with a description of the aggrieved party’s claim. The other party will try to resolve the dispute informally via email, phone, or other methods. If the other party cannot resolve the dispute within thirty (30) days of receipt of the party’s first communication, either party may then bring a formal proceeding.
11.2 Arbitration Agreement
You agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement through binding arbitration in the State of Oregon, and Client and Contractor expressly waive the right to formal court proceedings (including without limitation trial by jury). Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that Client and Contractor would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an independent third party that will act as the arbitrator, and court review of an arbitration award is limited.
11.3 Arbitration Time For Filing
Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
12. Applicable Law
By using our Services, you agree that applicable U.S. federal law, and the laws of the State of Oregon, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.
13. Modification and Severability
We reserve the right to make changes to our site, policies, and the Agreement at any time. If you are using our Services, we will notify you of updates to this Agreement by email. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.