Hern Consulting – Terms of Use
Last updated: 7/01/2023
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 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 the Client’s use of the Website, and the 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 (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Hern Consulting and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation 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, as described in Paragraph 4 (“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 any and 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 on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Hern Consulting always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Hern Consulting and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Hern Consulting will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Hern Consulting has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; 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 the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Hern Consulting on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; 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 Hern Consulting’s networks or servers; Use the Website in an effort to compete with Hern Consulting; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Hern Consulting’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a 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
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (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 necessary to ensure the confidentiality of a Submission. Hern Consulting shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Hern Consulting for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
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 of the Terms of Use or any applicable law, statute, or regulation. Hern Consulting further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. All decisions regarding the management of the Website shall be at the sole discretion of Hern Consulting and shall be designed to protect Hern Consulting’s rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the EU, Asia, or another region of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data to the United States constitutes the Client’s express consent to the transfer and processing of data in the United States. Hern Consulting does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Hern Consulting 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 own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Hern Consulting become the property of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Hern Consulting reserves the right to take appropriate legal actions against the Client for breach of this paragraph.
10. Modification
Hern Consulting reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Hern Consulting reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Hern Consulting does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Hern Consulting’s control. The Client agrees that Hern Consulting shall not be liable to the Client for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be 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 of whatever nature shall be brought in the state courts of Sheridan County, Wyoming, or in the United States District Court for the District of Wyoming. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services are at
the Client’s sole risk. Hern Consulting disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Hern Consulting makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Hern Consulting assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, any unauthorized access to or use of Hern Consulting’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the 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 product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Hern Consulting and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify and hold harmless, Hern Consulting and its subsidiaries, affiliates and all respective 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 the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Hern Consulting reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify Hern Consulting. The Client agrees to cooperate with the defense of such claims.
16. User Data
The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. Hern Consulting shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Hern Consulting from any such loss or corruption.
17. Electronic communications, transactions, and signatures
The Client hereby 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 communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Hern Consulting or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Presentation of Completed Projects
Hern Consulting retains the privilege to showcase finished design projects across diverse digital platforms like social media, websites, and so forth, unless a separate arrangement has been established. The Client has the right to form a Non-Disclosure Agreement (NDA) with Hern Consulting, which, if put into action, would negate Hern Consulting’s right to publicly disseminate or discuss the Client’s work.
19. Recommendations
The protocol for monitoring and issuing payments for referrals is supervised by our third-party partner, [Rewardful.com](http://rewardful.com).
20. Supplementary Provisions
The Terms of Use along with any policies displayed on the Website or pertaining to the Website denote the full agreement and understanding between the Client and Hern Consulting. Hern Consulting’s failure to enforce any right or provision of these Terms of Use does not imply a waiver of such right or provision. If any provision or section of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but will not otherwise influence the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy or on the Website should be interpreted as forming a joint venture, partnership, employment or agency relationship between the Client and Hern Consulting.
21. Contact Details
For any inquiries or complaints regarding the Website, please contact Hern Consulting at: [email protected].