Hern Consulting – Terms of Use


Effective Date: 06/01/2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between HERN CONSULTING INC, an entity organized under relevant laws (“Hern Consulting”), and the client, whether personally or on behalf of an entity (“Client”), with regard to Client’s access and use of Hern Consulting’s website: https://sprintmethod.co/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of Client’s use of the Website, and Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Hern Consulting shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Hern Consulting for services rendered shall remain and continue to be an ongoing obligation owed by Client to Hern Consulting.


1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Hern Consulting, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Hern Consulting and are protected by copyright, trademark, and other applicable intellectual property laws of the United States, foreign jurisdictions, and international conventions.

The Content and Marks are provided “AS IS” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without Hern Consulting’s express prior written permission. Hern Consulting reserves all rights in the Website, Content, and Marks.


2. Ownership of Materials

Notwithstanding Hern Consulting’s ownership of Submissions (see Section 6 – Client Feedback), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Hern Consulting to become the owner of a Project, in whole or in part, rather than Client, Hern Consulting irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.

Client warrants that all materials provided to Hern Consulting as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe or misappropriate any third party’s rights, including, without limitation, intellectual property rights and rights of publicity.

Hern Consulting reserves the right to share Client’s design work publicly (e.g., social media, website) unless otherwise agreed pursuant to Section 18 – Presentation of Completed Projects.


3. Third-Party Fonts

If any Project incorporates fonts not owned by Hern Consulting that require a commercial license to reproduce, distribute, or publicly display the Project (“Third-Party Fonts”), Hern Consulting will inform Client in writing that Third-Party Fonts have been incorporated and that Client must purchase applicable licenses from the rights-holder(s) to legally reproduce, distribute, or publicly display the Project. Such notice will include sufficient information for Client to identify required licenses and whom to contact. Once Hern Consulting has provided such notice, Client assumes responsibility for any consequences arising from failure to obtain required licenses for any Third-Party Fonts.


4. User Representations

By using the Website, Client represents and warrants that: (a) Client has the legal capacity and agrees to comply with these Terms of Use; (b) Client is not a minor in the jurisdiction of domicile; (c) Client will not access the Website through automated or non-human means; (d) Client will not use the Website for any illegal or unauthorized purpose; and (e) Client’s use of the Website will not violate any applicable law or regulation.


5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which it is made available. The Website may not be used in connection with any commercial endeavors except those related to Hern Consulting’s work on behalf of Client. Without limitation, Client agrees not to:

  • Make any unauthorized use of the Website.

  • Retrieve data or content to create or compile a database or directory.

  • Circumvent, disable, or interfere with security-related features.

  • Engage in unauthorized framing or linking of the Website.

  • Trick, defraud, or mislead Hern Consulting or other users.

  • Interfere with, disrupt, or create an undue burden on the Website or related networks/servers.

  • Use the Website to compete with Hern Consulting.

  • Decipher, decompile, disassemble, or reverse engineer any software comprising or making up any part of the Website.

  • Bypass measures designed to prevent or restrict access.

  • Harass, annoy, intimidate, or threaten any Hern Consulting personnel or agents.

  • Delete copyright or other proprietary notices from any Content.

  • Copy or adapt the Website’s software.

  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Website or modifies, impairs, disrupts, or alters operations or features.

  • Upload or transmit any passive or active information collection or transmission mechanism.

  • Disparage, tarnish, or otherwise harm Hern Consulting.

  • Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.


6. Client Feedback

Any questions, comments, suggestions, or other feedback or submissions (each, a “Submission”) shall be the sole property of Hern Consulting, and Hern Consulting is under no obligation to keep a Submission confidential or take steps to ensure its confidentiality. Hern Consulting shall be the sole and exclusive owner of all rights related to a Submission (except as granted to Client under Section 2 – Ownership of Materials) and may use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to Client. Client represents it has the right to provide the Submission and hereby waives all claims against Hern Consulting arising from its use thereof in accordance with these terms.


7. Management and Oversight

Hern Consulting reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation. Hern Consulting further reserves the right to restrict or deny access to the Website or disable Client’s use thereof. All decisions regarding Website management are at Hern Consulting’s sole discretion.


8. Privacy Policy

By using the Website, Client agrees to be bound by the Privacy Policy, which is incorporated herein by reference. The Website is hosted in the United States. Access from other regions may subject personal data to laws differing from those of the United States. Client’s continued use of the Website and transfer of data to the United States constitutes express consent to such transfer and processing.

Hern Consulting does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the U.S. Children’s Online Privacy Protection Act, upon actual knowledge that an individual under 13 has provided personally identifiable information without parental consent, Hern Consulting will delete that information as soon as reasonably practical.


9. Returns and Refunds

Hern Consulting reserves the right to deny refunds at its discretion and without notice or liability. Refund requests are assessed case-by-case. If Client requests a refund during the first month of use, all materials produced by Hern Consulting become Hern Consulting’s property and are prohibited from Client’s use in any manner.

If a refund is approved, a 25% fee applies to the remaining billable period. Hern Consulting reserves the right to take appropriate legal action for breach of this section.


10. Modification

Hern Consulting may change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion and may modify or discontinue all or part of the Website without notice or liability.


11. Connection Interruptions

Hern Consulting does not guarantee the Website will be available at all times. Hardware, software, or other issues may result in delays or errors beyond Hern Consulting’s control. Client agrees Hern Consulting shall not be liable for any loss, damage, or inconvenience caused by inability to access or use the Website during any interruption.


12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict-of-law principles.


13. Litigation

Any legal action shall be brought in the state courts of Sheridan County, Wyoming, or the United States District Court for the District of Wyoming. The parties consent to personal jurisdiction in such courts and waive defenses of lack of personal jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply.


14. Disclaimer

The Website is provided on an “AS IS,” “AS AVAILABLE” basis. Client uses the Website and services at Client’s sole risk. Hern Consulting disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.


Hern Consulting makes no warranties as to the accuracy or completeness of the Website or any content thereon or of any linked websites, and assumes no liability for: (a) errors or inaccuracies of content; (b) personal injury or property damage; (c) unauthorized access to or use of secure servers and/or personal/financial information; (d) interruption or cessation of transmission; (e) bugs, viruses, Trojan horses, or the like transmitted by third parties; and/or (f) errors or omissions in any content or for any loss or damage incurred as a result of use of any content posted, transmitted, or otherwise made available through the Website. Hern Consulting does not warrant, endorse, guarantee, or assume responsibility for any third-party product or service advertised or offered through the Website or any linked site or application.


15. Limitations of Liability and Indemnification

Hern Consulting and its directors, employees, members, independent contractors, and agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages (including lost profit, revenue, data, attorneys’ fees, court costs, fines, or forfeitures) arising from Client’s use of the Website.

Client agrees to defend, indemnify, and hold harmless Hern Consulting, its subsidiaries, affiliates, 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 Client’s representations and warranties herein; or (4) Client’s violation of any third-party rights, including intellectual property rights. Notwithstanding the foregoing, Hern Consulting may, at Client’s expense, assume control of the defense of any matter for which Client must indemnify Hern Consulting, and Client agrees to cooperate with such defense.


16. User Data

Client is solely responsible for all data transmitted to or relating to any activity undertaken using the Website. Hern Consulting shall have no liability to Client for any loss or corruption of such data, and Client waives any right of action against Hern Consulting arising from any such loss or corruption.


17. Electronic Communications, Transactions, and Signatures

Client consents to receive electronic communications from Hern Consulting and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communications be in writing. Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and transaction records. Client waives any rights under laws requiring original signatures, non-electronic records, or non-electronic payment methods.


18. Presentation of Completed Projects

Hern Consulting may showcase finished design projects across digital platforms (e.g., social media, websites), unless a separate agreement provides otherwise. Client may enter into a Non-Disclosure Agreement (NDA) with Hern Consulting, which, if executed, will negate Hern Consulting’s right to publicly disseminate or discuss Client’s work.


19. Recommendations

The protocol for monitoring and issuing payments for referrals is supervised by our third-party partner, Rewardful.com.


20. Supplementary Provisions

These Terms of Use, together with any policies displayed on or pertaining to the Website, constitute the entire agreement between Client and Hern Consulting. Hern Consulting’s failure to enforce any right or provision does not operate as a waiver. If any provision is determined to be unlawful, void, or unenforceable, that provision shall be severed without affecting the validity or enforceability of the remaining provisions. Nothing herein or on the Website shall be construed as creating a joint venture, partnership, employment, or agency relationship between Client and Hern Consulting.


21. Contact Details

For inquiries or complaints regarding the Website, please contact: connect@sprintmethod.co