Terms & Conditions

BY VISITING HIYODESIGN.COM OR PURCHASING A PRODUCT OR SERVICE FROM HIYO DESIGN, LLC, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. The terms “we,” “us,” and “our” refer to HIYO DESIGN, LLC. The term the “Site” refers to HIYODESIGN.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.

Use of HIYODESIGN.COM, including all materials presented herein and all online services provided by HIYO DESIGN, 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.

LAWFUL PURPOSES
You may use HIYODESIGN.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 HIYO DESIGN, LLC 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.

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.

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. HIYO DESIGN, LLC 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 HIYO DESIGN, LLC, 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 5 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 HIYO DESIGN, LLC’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 HIYO DESIGN, LLC; (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 HIYO DESIGN, LLC accordingly, acknowledging that it is your responsibility to keep these files safe, and that the HIYO DESIGN, LLC 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 HIYO DESIGN, 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.

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, HIYO DESIGN, 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 HIYO DESIGN, LLC 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 HIYO DESIGN, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HIYO DESIGN, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU HIYO DESIGN, LLC’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 HIYO DESIGN, 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 HIYO DESIGN, 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 HIYO DESIGN, LLC.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to: INFO@HIYODESIGN.COM

GOVERNING LAW; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. 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.

Your privacy is important to us. It is HIYO DESIGN, LLC's policy to respect your privacy regarding any information we may collect from you across our website, http://hiyodesign.com, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on Squarespace’s secure servers behind firewalls, and we limit the access our personnel have to you personally identifiable information.

Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us at info@hiyodesign.com

Disclaimers

ACCURACY OF CONTENT
Information provided on the Site and in the Service related to branding design and other information are subject to change. HIYO DESIGN, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. HIYO DESIGN, LLC 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 HIYO DESIGN, LLC. 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 HIYO DESIGN, LLC 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!

The terms, policies and disclaimers listed on this page are effective as of 1 January 2019.