Terms of Use

Updated: March 2021

BY VISITING WWW.STRENGTHSSQUARED.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to Strengths Squared, LLC. The term the “Site” refers to www.strengthssquared.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The blog, any digital or physical products, and marketing, branding, and/or web design services (the “Service”).

Use of www.strengthssquared.com, including all materials presented herein and all online services provided by Strengths Squared, LLC, 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.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to website design, branding, and other information are subject to change. Strengths Squared, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Strengths Squared, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Strengths Squared, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service 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

Our return and refund policies differ when it comes to the type of Product sold. For the purposes of this subsection and for the purpose of better distinguishing between the possible modes of delivery offered to you, arising from the return and refund policies of Strengths Squared, LLC, by “Digital Products”, we mean intangible information in the form of digital albums, e-books, audiobooks or other material which is directly downloaded to your personal computer or mobile device supporting such download. For the purposes of this document, by “Digital Subscriptions”, we mean paid reservations for live and recorded videoconferences, live workshops and other live streams with a limited number of entries which are set on a specific date. By “Tangible Products”, we mean every type of tangible object which is present in the physical world, which requires shipping in order to be delivered to you. By “Customized Tangible Products”, we mean tangible products which have been tailored to your specific preferences, mostly suitable for more demanding customers wishing to have a unique product purchased via our Website.

RETURN OF DIGITAL PRODUCTS

Due to the intangible nature of the digital products, no returns or refunds will be made available from purchases of digital products (for example, without limitation to: graphics, worksheets, music, e-books, audiobooks, videos and other digital material).

RETURN OF DIGITAL SUBSCRIPTIONS

Digital subscriptions are paid for services which include live videoconferences, workshops, e-courses, and streams which deal with a specific issue which is discussed either by way of monologue or dialogue with the live audience made possible via third-party streaming systems.

Due to the intangible nature of the digital subscriptions, no returns or refunds will be made available from purchases of digital subscriptions.

RETURN OF TANGIBLE AND CUSTOMIZED TANGIBLE PRODUCTS

Return of tangible product(s), which do not require any customization will be possible within the first 30 days, beginning from the original shipment of your delivery.

Return of customized tangible product(s), which do require a level of customization is not possible due to the custom nature of the product. However, if you are not satisfied with the way of customization as shipped to you, you may require a partial refund on the product.

REFUNDS

Strengths Squared, LLC will refund the full nominal price of each order of a tangible product which was concluded by a buyer, excluding shipping costs. If the product(s) which an order is consisted of, were sold with a discount during a sale or using a Discount Coupon and/or Code, the nominal price for the product(s) at hand, displayed in the price breakdown before checkout on our Website will be refunded, excluding shipping costs.

Partial refunds will be at the discretion of Strengths Squared, LLC. Customized Tangible Products do retain a nominal value before being customized, so the partial refund may maximally as high as the price of the customization of the tangible product.

DISCRETION

Returns and Refunds of Digital, Tangible and Customized Tangible products will be primarily governed by this Subsection, but will, at all times, be subject to Strengths Squared, LLC’s full discretion.

Strengths Squared, LLC will not, for example, accept returns or refunds of damaged goods, even if Strengths Squared, LLC was correctly requested to do so in a timely manner.

Customizable products will have their description set out in the “Store” portion of Strengths Squared, LLC Website. If the Buyer was clearly warned about the potential damage to the product arising from the requested manner of customization, but has pursued for the product to be customized in such manner, no refunds or returns will be accepted.

Customizable products are to have their nominal value before customization safely stored in all relevant databases by Strengths Squared, LLC. Upon inquiry by a Buyer, the nominal value before customization will be disclosed, as well as the breakdown of customization expenses.

CANCELLATION OF SERVICES

Client may cancel their signed Agreement for any reason by providing a minimum of 10 days written notice to Company. Cancellation of this Agreement by Client will not extinguish Client’s obligation to pay the project fee through the last day of performance or the 10th day after notice is provided, whichever comes later. In the event Client cancels this Agreement, Client will also remain obligated to pay all pre-approved expenses incurred by Company on Client’s behalf through the last day of performance or the 30th day after notice is provided, whichever comes later. Company may cancel this Agreement at any time for any reason by providing written notice to Client. In the event that Company cancels this Agreement, Company will provide a prorated refund of any overages of monthly fees paid minus any approved, unpaid expenses incurred on Client’s behalf.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL 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.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Strengths Squared, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Strengths Squared, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Strengths Squared, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Strengths Squared, LLC, 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.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

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, STRENGTHS SQUARED, LLC 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 HOLD SPACE CREATIVE 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 STRENGHTS SQUARED, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM STRENGTHS SQUARED, LLC AND IF NO PURCHASE HAS BEEN MADE BY YOU STRENGTHS SQUARED, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

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 Strengths Squared, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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 Strengths Squared, LLC 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 Strengths Squared, LLC 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 Strengths Squared, LLC.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
info@strengthssquared.com

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Denton County, Texas. 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 & Resolution3 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, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.