Terms of Service & Privacy Policy
TERMS OF USE
Please read these terms and conditions carefully. If you use trailsendcreative.com, you are bound by these terms and conditions. If you do not accept these terms, do not read or use this website.
Overview
The following terminology applies to these Terms of Use: “Client”, “User”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms. “Company”, Trailsend Creative, “We”, and “Us” refers to our Company. “Party” and “Parties” refers to the Client and Us.
Use of the Site
These Terms of Use form an agreement between the user of this website and trailsendcreative.com. Access to this website including without limitation the Website Content is provided for your informational. personal, and non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from Us, or in the case of third-party consent, its respective owner. In certain instances, we may permit you to purchase, download, or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Lawful Purposes
You may use this Site for lawful purposes only and you agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to only use the site for legitimate purposes. You are not permitted to remove, alter, distort, or cover any copyright, trademark, or other proprietary intellectual property on the Website or Website Content, or infringe on the intellectual property rights of others. You are not permitted to disable or interfere with security-related features on the Website, or collect any personally identifiable information from the Website, or interfere with the proper working of the Website, or engage in any conduct that restricts or inhibits any other user from using or enjoying the site, or encourage conduct that violates any local, state, or federal law.
Links to Other Sites
Trailsendcreative.com may contain links to third-party sites that are not owned or controlled by Trailsend Creative. Company assumes no responsibility for the content, policies, or practices of any third party sites.
Purchases
By making a purchase through trailsendcreative.com, you agree to pay for the goods or services listed and understand that no refund, replacement, return, or compensation can be claimed for the goods or services once the order has been placed.
Modification of Terms
Trailsend Creative reserves the right to change these terms from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.
Notification of Changes
If there are any changes to these Terms of Use, we will update the bottom of the page with the date last modified. It is your responsibility to review these terms often, as they are subject to change.
Disclaimer
The information on this web site is provided on an “as is” basis and on an “as available” basis without warranty of any kind, either express or implied. To the fullest extent permitted by law, Trailsend Creative excludes all representations and warranties relating to this website and its contents, including in relation to any inaccuracies or omissions in this website.
Limitation on Liability
To the fullest extent permitted by law, Trailsend Creative excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct losses, losses of business profits, damage to data or software, and any other direct or indirect, consequential and incidental damages. Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You to Us or $100 USD if You haven’t purchased anything through Us.
Indemnification
You agree to indemnify and hold harmless Trailsend Creative and its employees, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, damages arising out of your use of trailsendcreative.com.
Intellectual Property
Trailsendcreative.com and Website Content, including any derivative works, including but not limited to, all text, illustration, files, images, graphics, videos, photographs, information, content, materials, products, services, URL’s documentation, and interactive features (collectively, “Website Content”) and all intellectual property rights are owned by Trailsend Creative, doing business as trailsendcreative.com. Additionally, all trademarks, services marks, trade names, and trade dress that may appear on trailsendcreative.com are owned by Us. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the trailsendcreative.com or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
Assignment
These Terms of Use are not assignable, delegable, or transferable by you. Any such assignment by you is invalid.
Severability
If any term, provision, covenant, or condition of these Terms of Use are held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
Governing Law
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of California. Both Parties agree to submit to the jurisdiction of and venue in the State of California. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of California.
Dispute Resolution
In the event of a dispute regarding your use of this website or arising under this Agreement, the Parties agree that after receipt of notice of such dispute, the Parties shall in good faith discuss the dispute and seek a resolution. If the matter has not been resolved within 30 business days after commencement of such good faith discussions, either Party may assert its rights to the fullest extent permitted under law.
Waiver
No waiver of any provision of these Terms of Use by Trailsend Creative shall be deemed, or shall constitute, a waiver of any other provision, nor shall the failure of Trailsend Creative to enforce the provisions of these Terms of Use be construed as a present or future waiver of any of the provisions of these Terms of Use, nor in any way affect the validity of either Trailsend Creative right to enforce each and every such provision at any and all times thereafter.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience and shall not affect the construction or interpretation of any of its provisions.
Notices
All notices, requests, demands and other communication under these Terms of Use shall be in writing and delivered to:
Entire Agreement
These Terms of Use serve as the entire agreement between you and Trailsend Creative.
LAST UPDATED: January 17, 2023
PRIVACY POLICY
Protecting your private information is important to us. This Privacy Policy applies to trailsendcreative.com and Trailsend Creative and governs data collection and usage. By using trailsendcreative.com, you consent to and agreed to be bound by the data practices detailed in this policy. If you do not consent to the terms of this Privacy Policy, please cease use immediately and exit trailsendcreative.com.
Type of Personal Information Collected
When using trailsendcreative.com, we learn certain information about you. Trailsend Creative does not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain services available on trailsendcreative.com. This information may include: your name, phone number, date of birth, email messages, credit card information, debit card information, or other payment information when making purchases on our site.
Any individual who believes that his/her personal information is incomplete or inaccurate may request a correction or update of his/her record. To correct an error or omission or to update personal information, please email us at hello@trailsendcreative.com.
Use of Your Personal Information
Trailsendcreative.com collects and uses the personal information you provide to operate its website and deliver the services you have requested. Trailsend Creative may also use the information you have provided to us to inform you of other products or services available from Trailsend Creative.
We take reasonable efforts to keep your e-mail address secure and confidential. We do not release our email lists to third parties, and we will not disclose your e-mail to third parties except as expressed and allowed in the section titled Sharing Information with Third Parties.
Trailsend Creative complies with the CAN-SPAM Act in all e-mail communications. Our e-mail communications will expressly identify who the email is from and information on how to contact the sender. If you wish to remove yourself from our mailing list, you may opt-out of receiving e-mails from us by unsubscribing. You may unsubscribe from our emails by clicking the unsubscribe link at the bottom of the e-mail.
Sharing Information with Third Parties
As a general rule, we do not share your information with third parties. Trailsend Creative will not disclose information provided by you to any individual, advertiser, vendor, or any other entity without your written consent. However, Trailsend Creative may share your information to third parties who assist us with various tasks such as payment processing, website hosting services, and email services, or as required by law.
Use of Cookies
Trailsendcreative.com uses cookies in order to enhance the site’s functionality. Most web browsers are initially set up to accept cookies. “Cookies” are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. Please note that cookies cannot read data off of your hard drive. Your web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while using our website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. By not accepting cookies, some pages may not fully function and you may not be able to assess certain information on this site.
Third Party Use of Cookies
Some content on trailsendcreative.com are served by third-parties. These third-parties may use cookies or other tracking technologies to collect information about you when you use our website. We do not control these third parties tracking behaviors. If you have any questions regarding how the information the third parties track may be used, you should contact the responsible third party directly.
Automatic Data Collection
Trailsend Creative may log IP addresses for system administration purposes.
Trailsend Creative may collect domain information to analyze how our visitors use this site. This data allows us to track which people visit our site, how often they visit, and what part of the site they visit most often. Trailsend Creative uses this information to improve its web-based content. This information is collected automatically and requires no action on your part. Trailsend Creative does respond to Do Not Track Signals.
Security
Trailsend Creative takes precautions internally to protect your information. While we try to keep your data as secure as possible, when you submit information via the website, your information is sent through the internet—so transmission of sensitive and confidential information through the website should be avoided.
Business Transfers
As we develop our business, Trailsend Creative may sell, buy, restructure, or reorganize businesses or assets. In the event of any sale, merger, reorganization, restructuring, dissolution or similar event involving business or assets, Personal Data may be part of the transferred assets.
Dispute Resolution
If you have any complaints regarding our compliance with this privacy policy, you should contact us through one of the methods listed at the end of this Privacy Policy. We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy.
Links to Other Sites
This site may contain links to other websites. Trailsend Creative is not responsible for the content or the privacy policies of websites to which it links.
Children Under Thirteen
Trailsendcreative.com does not knowingly collect personally identifiable information from children under thirteen years of age. Our website is not intended for those under thirteen years of age. If you are under the age of thirteen, you may not provide information to Trailsend Creative.
GDPR Rights
If you are located in the European Union, you have rights under the General Data Protection Regulation to be informed that:
1. You have the right to ask us not to process your personal information. You can exercise that right by contacting us through one of the methods listed at the end of this Privacy Policy.
2. You have the right to access to the data that is held about you.
3. You have the right to have your data corrected or amended.
4. You have the right to ask for your personal data to be deleted.
5. You have the right to restrict the processing of your data.
6. You have the right to the portability of your data.
7. You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected.
Changes to this Privacy Policy
This Policy was last revised on the date noted at the bottom of this page. We may update this Policy from time to time. Trailsend Creative reserves the right to change, modify, or update this Policy at any time without notice. Any substantial changes in the way we use your personal information will be posted on this site.
Terms of Use
If you choose to visit trailsendcreative.com, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use and application of the law of the State of Illinois.
Contact Us
We welcome your questions, comments, and concerns about your privacy. You can contact us at:
hello@trailsendcreative.com
Last Updated: March 19, 2024