TERMS OF USE AGREEMENT
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Pete Rodriguez LLC, a limited liability company organized under the laws of the state of Pennsylvania (“Pete Rodriguez LLC”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of https://www.thebranddept.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 Pete Rodriguez LLC shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Pete Rodriguez LLC for services rendered shall remain and continue to be an ongoing obligation owed by Client to Pete Rodriguez LLC.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Pete Rodriguez LLC and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and format (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned and controlled by Pete Rodriguez LLC and are protected by applicable intellectual property laws. 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 or Content may be used for any commercial purpose without Pete Rodriguez LLC’s express prior written permission. Pete Rodriguez LLC reserves all rights in and to the Website, Content, and Marks.
2. Ownership of Materials
All design and source files created on the Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. If any operation of law would cause Pete Rodriguez LLC to become the owner of a Project, Pete Rodriguez LLC irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client warrants that all materials provided for use in a Project are owned by the Client and do not infringe upon any third-party rights. Pete Rodriguez LLC reserves the right to publicly share the Client’s design work (e.g., social media, website) unless otherwise agreed in accordance with Section 18.
3. Third-Party Fonts
If a Project incorporates third-party fonts requiring a commercial license, Pete Rodriguez LLC will notify the Client in writing. It is the Client’s responsibility to secure necessary licenses from the rights-holder(s). Pete Rodriguez LLC assumes no responsibility if the Client fails to obtain such licenses after being notified.
4. User Representations
By using the Website, the Client represents that they:
Have legal capacity and agree to these Terms;
Are not a minor in their jurisdiction;
Will not access the Website through automated or non-human means;
Will not use the Website for unlawful purposes;
Will comply with applicable laws and regulations.
5. Prohibited Activities
Client agrees not to:
Use the Website for any unauthorized commercial purpose;
Circumvent security features;
Frame or link to the Website without permission;
Use the Website to compete with Pete Rodriguez LLC;
Upload harmful code or data-mining mechanisms;
Violate or infringe upon intellectual property rights;
Harass Pete Rodriguez LLC’s employees or contractors;
Otherwise misuse the Website.
6. Client Feedback
Any questions, comments, or feedback submitted by the Client (“Submissions”) shall become the property of Pete Rodriguez LLC. Except where otherwise specified (e.g., ownership of Project files), Pete Rodriguez LLC has the right to use Submissions for any lawful purpose without compensation or acknowledgment to the Client.
7. Management and Oversight
Pete Rodriguez LLC reserves the right to monitor the Website for violations and take legal action as deemed appropriate, including restricting or revoking access.
8. Privacy Policy
Use of the Website is governed by Pete Rodriguez LLC’s Privacy Policy. The Website is hosted in the United States. By using the Website, you consent to the transfer and processing of your data within the U.S.
9. Returns and Refunds
Refund requests are handled on a case-by-case basis. If a refund is granted, a 25% fee will be applied to the unused billable period. All materials produced prior to a refund remain the sole property of Pete Rodriguez LLC and may not be used by the Client.
10. Modification
Pete Rodriguez LLC may update or discontinue all or part of the Website at its sole discretion and without notice.
11. Connection Interruptions
Pete Rodriguez LLC makes no guarantee regarding the Website’s uninterrupted availability. Client agrees that Pete Rodriguez LLC is not liable for any disruptions.
12. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of law principles.
13. Litigation
Any disputes shall be resolved in the courts located in Lancaster County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania. Both parties waive defenses related to jurisdiction and venue.
14. Disclaimer
The Website is provided “as-is.” Pete Rodriguez LLC disclaims all warranties, including fitness for a particular purpose and non-infringement. Pete Rodriguez LLC is not liable for damages resulting from use of the Website, including but not limited to, viruses, inaccuracies, third-party content, or data loss.
15. Limitations of Liability and Indemnification
Client agrees to indemnify Pete Rodriguez LLC and its team against all claims arising from:
Use of the Website;
Breach of this Agreement;
Violation of third-party rights.
Pete Rodriguez LLC may assume defense of claims at the Client’s expense.
16. User Data
Client is responsible for any data they transmit. Pete Rodriguez LLC is not liable for any data loss or corruption.
17. Electronic Communications, Transactions, and Signatures
Client consents to electronic communications and signatures. This includes contracts, notices, and records related to transactions conducted via the Website.
18. Showcasing Design Work
Pete Rodriguez LLC reserves the right to publicly display design work unless a mutually agreed-upon NDA is in place.
19. Referrals
Referral tracking and payouts are managed through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms, along with any policies posted on the Website, represent the full agreement between Pete Rodriguez LLC and the Client. If any provision is deemed invalid, it will be severed without affecting the rest. No agency, partnership, or joint venture is created through this Agreement.
21. Contact Information
For questions, please contact:
hello@thebranddept.co
Let me know if you’d like this formatted into a downloadable file or if you’d like to update the legal jurisdiction, domain, or contact email.