Terms and Conditions

Welcome to The CEO Creative!

These terms and conditions outline the rules and regulations for the use of CEO Creative, Inc. at https://theceocreative.com/.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use CEO Creative, Inc. if you do not agree to take all of the terms and conditions stated on this page.

Last Updated: June 21, 2024

Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements: “Client”, “You”, and “Your” refers to you, the person logging on this website and compliant with the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, and “Us” refers to our Company. “Party”, “Parties”, or “Us” refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

We implement commercially reasonable security measures to protect your data against unauthorized access, use, or disclosure. However, we cannot guarantee absolute security, and by using our services, you acknowledge and accept these risks

Terms & Conditions of the Sale

These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by CEO Creative, Inc. (referred to herein as “Supplier”).

SCOPE OF AGREEMENT:

Supplier, upon acceptance of an Order placed by Buyer, will supply the products and services specified in the Order (the “Work”) to Buyer, pursuant to the terms and conditions of this Agreement and its exhibits and Supplier’s acceptance of such order submitted by Buyer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Buyer’s purchase orders, invoices, acknowledgments or other documents. The details of the Work (e.g., quantity, price, and product specifications) shall be set forth in the relevant Order.

PRICE AND TERMS:

– Prices: The prices payable by Buyer for goods and services to be supplied by Supplier under this Agreement will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping.

– Payment Terms: Terms of payment are net thirty (30) days (subject to credit approval) following the date of invoice (date of shipping), or by letter of credit paid upon submittal of shipping documents, all payable in the currency specified in the invoice.

– Late/Non-payment: We reserve the right to close any user account without refund of annual fee due to late and/or non-payment.

– Disputes: If Buyer disputes any invoice or portion thereof, it shall notify Seller in writing within five (5) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.

– Collections: Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees and court costs. In addition to all other remedies available under these Terms and Conditions or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof.

– Credit Information: Upon reasonable request by the Supplier, the Buyer shall provide copies of its most recent audited financial statements or other reasonable evidence of its financial capacity and such other information as Supplier reasonably requests to determine credit status or credits limits.

– Material Events: Buyer shall provide notice within five (5) business days of the occurrence of any event which materially affects Buyer’s ability to perform its obligations under this Agreement including but not limited to: (i) the material default of any supplier or sub-contractor; (ii) labor strike or dispute; or (iii) material uncured default with respect to any debt obligations of Buyer.

– Price Changes: Pricing schedules (whether attached to this Agreement or an Order) are subject to change upon a change in the price of applicable raw materials (as reflected on a recognized trade or commodity pricing tracker) in excess of five percent (5%) from the date of such schedule.

– Delivery: Unless otherwise specified in the Order, Work will be delivered FOB Supplier’s manufacturing facility and will be shipped to Buyer via carriers selected by the Supplier.

BUYER MATERIALS AND DATA:

– Warranties: Buyer represents and warrants that any material it furnishes for the performance of services by Supplier (i) does not infringe any copyright or trademark or other Intellectual Property Rights of any third party; (ii) is not libelous or obscene; (iii) does not invade any person’s right to privacy; and (iv) does not otherwise violate any laws or infringe the rights of any third party.

– Data: Buyer warrants that it has the right to use and to have Supplier use on behalf of Buyer any data provided to Supplier or its Affiliates by Buyer including specifically customer names, identifying information, addresses, and other contact information and related personal information (“Data”). Buyer further warrants that it will designate on the applicable Order if Data provided pursuant to that Order is subject to HIPAA, Gramm-Leach-Bliley, or other statutes providing enhanced data protection or requiring enhanced data security procedures.

INVENTORY:

In the event any inventory is maintained by the Supplier on behalf of Buyer, the applicable Addendum(s) (Addendum 1 and/or Addendum 2) incorporated herein shall apply.

INTELLECTUAL PROPERTY:

– Ownership: Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product, and information embodying proprietary data existing and owned by Buyer as of the date of the Order or made or conceived by employees of Buyer during the Term of the Order shall be and remain the sole and exclusive property of Buyer provided that Buyer grants to Supplier a license to use, display and distribute (and to sub-license its affiliates and sub-contractors to use, display, and distribute) any intellectual property rights delivered to Supplier as reasonably necessary to perform any Order. Any and all inventions, discoveries, patent applications, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, work product and information embodying proprietary data existing and owned by Supplier as of the date of the Order or made or conceived by employees, consultants, representatives or agents of Supplier during the term of this Agreement shall be and remain the sole and exclusive property of Supplier. Without limiting the generality of the foregoing, the parties agree that the Supplier will own systems (including all web source code) related to the Services provided hereunder, including all modifications, upgrades, and enhancements thereto made during the term of the Order. Without limiting the generality of the foregoing, Buyer acknowledges and agrees that Supplier is in the business of developing customized print and e-commerce solutions, and the provision of print and fulfillment order services and that Supplier shall have the right to provide to third parties services which are the same or similar to the services provided herein and to use or otherwise exploit any Supplier materials in providing such services.

CONFIDENTIAL INFORMATION:

– Property: Any information that parties receive or otherwise have access to incidental to or in connection with this Agreement (collectively, the “Confidential Information”), shall be and remain the property of the disclosing party. Confidential Information shall not include information which: (i) was in the possession of the Receiving Party at the time it was first disclosed by the Disclosing Party; (ii) was in the public domain

at the time it was disclosed to the Receiving Party; (iii) enters the public domain through sources independent of the Receiving Party and through no breach of this provision by the Receiving Party; (iv) is made available by the Disclosing Party to a third party on an unrestricted, non-confidential basis; (v) was lawfully obtained by the Receiving Party from a third party not known by the Receiving Party to be under an obligation of confidentiality to the Disclosing Party; or (vi) was at any time developed by the Receiving Party independently of any disclosure by the Disclosing Party. Confidential Information may be used to the extent necessary to perform this Agreement and the parties shall not disclose Confidential Information to any third party, except to its agents (who have executed confidentiality agreements containing terms substantially similar to the terms) as necessary to provide the Work hereunder. In no event shall Buyer acquire any right, title or interest in and to any product or process information, including related know-how, either existing or developed during the course of the business relationship with Supplier and Buyer, and in no event shall Supplier acquire any right, title, or interest in and to any materials or information provided to it by Buyer.

We do not engage in unauthorized monitoring, recording, or interception of communications with our website users. All data collected is used in compliance with our Privacy Policy and applicable privacy laws.

INDEMNIFICATION:

– Duty: The indemnifying party, as Indemnitor, shall indemnify, defend and hold harmless the indemnified party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Order or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts in carrying out its obligations under the Order or the Agreement, provided that in no event shall Supplier be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Buyer (including the use of information, artwork, logos, and/or trademarks provided by Buyer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or willful misconduct. In order to avail itself of this indemnity provision, Indemnitee shall promptly provide notice to Indemnitor of any such claim, tender the defense of the claim to Indemnitor, and cooperate with Indemnitor in the defense of the claim. Indemnitor shall not be liable for any cost, expense, or compromise incurred or made by Indemnitee in any legal action without the Indemnitor’s prior written consent.

You agree to indemnify, defend, and hold harmless CEO Creative, Inc. from any claims, damages, or liabilities arising from your use of our website, including but not limited to claims related to data privacy violations or unauthorized data sharing.

BREACH:

In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Order or the Agreement, the non-breaching party shall have the right to: (a) terminate the Order immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Order or this Agreement shall not constitute a waiver of Supplier’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Buyer shall provide Supplier with reasonable notice of any alleged deficiencies in the Work or performance under the Order or this Agreement and Supplier shall have a reasonable opportunity to cure any such alleged non-conformance or breach.

WARRANTY:

Supplier warrants that the Work shall reasonably conform to specifications in all material respects. If applicable and at Supplier’s option, the Supplier may provide Buyer with an online printing proof for Buyer approval. If a proof has been provided, once the Buyer approves a proof, the Buyer will be liable for all fees associated with the order, as specified in the Order. If Buyer supplies Supplier stock or items for imprinting as part of the Order, the Supplier is not responsible for issues related to the quality of the stock or items for imprinting. The supplier will not provide refunds for any Work conforming to specifications in all material respects. Other than the warranties set forth in this section, Supplier makes no warranty of any kind, expressed or implied or otherwise whatsoever, that the services performed or any items produced will be merchantable or fit for any particular purpose or use. In the event of any breach of any warranty specified in this provision, the Buyer’s exclusive remedy shall be that Supplier shall, at its option, repair or replace any defective goods at no cost to Buyer or refund any purchase price paid for such Work.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL EITHER PARTY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES AND VENDOR’S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT AND THE ORDER SHALL BE LIMITED TO THE TOTAL FEES DUE HEREUNDER FOR THE INVOICE UPON WHICH A CLAIM IS BASED.

NOTICE:

Any notice sent pursuant to the Order or this Agreement shall be sent by certified mail, return receipt requested, or by overnight mail to the addresses on the Order or to such address as either party may in the future designate. Notices shall be effective upon receipt.

ASSIGNMENT:

Except as otherwise provided, the Order and this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.

STATUS:

Buyer and Supplier are separate entities. Nothing in the Order or this Agreement shall be construed as creating an employer-employee or joint venture relationship.

COMPLIANCE WITH LAW:

Each party shall comply with all state, federal, and local laws and regulations applicable to its performance hereunder.

GOVERNING LAW:

The Order and this Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of law principles. Any legal suit, action, or proceeding arising out of or relating to the Order or these this Agreement shall be commenced in the State of Florida. With respect to any litigation arising out of the Order or this Agreement, the parties expressly waive any right they may have to a jury trial and agree that any such litigation shall be tried by a judge without a jury and the prevailing party shall be entitled to recover its expenses, including reasonable attorney’s fees, from the other party.

FORCE MAJEURE:

Neither party shall be liable for any failure to perform or delay in performance of this Agreement to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party’s commercially reasonable control.

SURVIVAL:

In the event any provision of the Order or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification, and duties of defense, representations and warranties, waiver, waiver of jury trial, and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement.

ENTIRE AGREEMENT:

The Order, this Agreement, and the operative provisions of any quotation issued by Supplier and any purchase order issued by Buyer set forth the entire agreement and understanding among the parties as to the subject matter hereof and merge and supersede all prior discussions, agreements, and understandings of every and any nature among them. No proposal, purchase order, order confirmation, acceptance, or any other document provided by either Party to the other, nor any electronic click-wrap, terms of use, or similar online consent or acceptance language accompanying or set forth as a prerequisite to any electronic interface or utility associated with any Work, shall be deemed to amend the terms hereof and any such contradictory or additional terms shall be ineffective. No party shall be bound by any condition, definition, warranty, or representation, other than as expressly set forth or provided for in the Order or this Agreement, or as may be, on or subsequent to the date hereof, set forth in writing and signed by the party to be bound thereby. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control, unless the Parties have expressly provided in such Order that a specific provision in this Agreement is amended, in which case this Agreement shall be so amended, but only with respect to such Order. The Order or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby.

Sharing Your Information

We value your privacy and are committed to protecting your personal information. Below, we outline the scenarios in which your information may be shared, the types of information involved, and the protections we implement:

– Affiliates: We may share the information we collect with our affiliated companies to provide the requested products, enhance our products to better meet your needs, and occasionally for marketing purposes.

– Business Partners: We may collaborate with other companies to offer you products or services or fulfill the products or services you order. For the purposes outlined in this Policy, we may disclose personal information and/or non-personal or de-identified information collected about you to these third-party partners. These partners are contractually obligated to protect your information and use it only for the specific services they are providing.

– Sharing for Legal Compliance and Protection: We may disclose your information to comply with applicable laws, regulations, legal processes, or governmental requests. This includes responding to subpoenas, court orders, or other legal demands, or as necessary to protect the rights, property, and safety of our company, our users, or others.

– Sharing in Business Transfers: In the event of a merger, acquisition, reorganization, sale of assets, bankruptcy, or other corporate event, your information may be transferred as part of that business transaction

– Sharing with Advertising and Analytics Partners: We may share information with third-party advertising and analytics partners to help us deliver targeted ads, analyze website traffic, and improve our services. This includes sharing data with platforms such as Google Analytics, Facebook, and other ad networks. You can opt-out of targeted advertising through mechanisms provided by these platforms or through your browser settings.

– Sharing with Consent: We may share your information with third parties if you provide your explicit consent or request such sharing.

– Sharing for Research and Development: We may use aggregated or de-identified data for research, analysis, product development, and enhancement of our services.

– Sharing for Marketing and Promotional Purposes: We may share your information with partners to deliver marketing communications and promotional offers that we believe may be of interest to you. You can opt out of marketing communications at any time by following the unsubscribe instructions in our emails or contacting us directly.

– Your Rights and Choices: You have the right to access, update, or correct your personal information at any time. Contact us if you need assistance. You may opt out of certain data sharing practices by contacting us at info@theceocreative.com or following the opt-out mechanisms provided in our communications.

– Security and Retention: We implement industry-standard security measures to protect your information from unauthorized access, use, or disclosure. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

– Tracking Technologies: We use cookies and other tracking technologies to collect information about your interactions with our website. You can control the use of cookies through your browser settings. Detailed information on our use of cookies and tracking technologies is provided in our Cookie Policy.

– Consent Mechanisms: We obtain explicit consent from users before collecting or sharing sensitive information, including electronic communications. You have the right to withdraw consent at any time by contacting us or through provided opt-out mechanisms.

User Rights Regarding Data Access, Correction, and Deletion

As a user, you have the right to access, correct, or delete your personal information held by us. To exercise these rights, please contact us at info@theceocreative.com. We will respond to your request in accordance with applicable law.

Consent for Third-Party Sharing and Data Analytics

We may share your information with third-party service providers for analytics, marketing, and service improvement purposes. These providers are prohibited from using your information for purposes beyond what is agreed upon and are required to maintain confidentiality. You may opt out of such sharing at any time.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

Ceo Creative, Inc. (hereinafter, “We,” “Us,” “Our”) and our Affiliates are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us or our affiliates. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, our affiliates, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Indemnity Clause: YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Sharing Your Information: WE MAY SHARE PHONE NUMBERS AND CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM WITH AFFILIATES AND NON-AFFILIATES FOR PROFIT AND NON-PROFIT PURPOSES.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, email us at info@theceocreative.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree not to send any prohibited content over the Platform. Prohibited content includes:

– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Hollywood, Florida before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CEO Creative, Inc.’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any

class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Cookies

We employ the use of cookies. By accessing CEO Creative, Inc., you agreed to use cookies in agreement with CEO Creative, Inc’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, CEO Creative, Inc. and/or its licensors own the intellectual property rights for all material on CEO Creative, Inc. All intellectual property rights are reserved. You may access this from CEO Creative, Inc. for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

– Republish material from CEO Creative, Inc.

– Sell, rent, or sub-license material from CEO Creative, Inc.

– Reproduce, duplicate, or copy material from CEO Creative, Inc.

– Redistribute content from CEO Creative, Inc.

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. CEO Creative, Inc. does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of CEO Creative, Inc., its agents, and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, CEO Creative, Inc. shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

CEO Creative, Inc. reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

– You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

– The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

– The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

– The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

– You hereby grant CEO Creative, Inc. a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to Our Content

The following organizations may link to our Website without prior written approval:

– Government agencies;

– Search engines;

– News organizations;

– Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

– System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

– Commonly-known consumer and/or business information sources;

– dot.com community sites;

– Associations or other groups representing charities;

– Online directory distributors;

– Internet portals;

– Accounting, law, and consulting firms; and

– Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of CEO Creative, Inc. and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to CEO Creative, Inc. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

– By use of our corporate name; or

– By use of the uniform resource locator being linked to; or

– By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of CEO Creative, Inc.’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

CREDIT ADVANTAGE Program

Monthly Payment Terms: Members enrolled in the CREDIT ADVANTAGE program shall incur a fixed monthly charge of $4.99, which will be automatically deducted from the payment method designated by the member.
Grace Period and Late Fees: For the initial 15-day period subsequent to the due date of an invoice, no late fees or annual percentage rate (APR) will be applied to overdue invoices. Should payment remain outstanding beyond this 15-day grace period, beginning on the 16th day following the invoice due date, a late fee of $25.00 will be imposed. Members of THE CEO Creative CREDIT ADVANTAGE program authorize the charging of their payment method for any overdue balances. In the event that a payment is unsuccessful, the account will accrue interest at an annual APR of 17.99% until the outstanding amount is fully settled.
Reshipping Policy: The CREDIT ADVANTAGE program includes complimentary reshipping. In the event that a shipment is either lost or returned by the postal service THE CEO Creative will arrange for the reshipment of the item to the customer at no additional charge.
Return and Exchange Policy: CREDIT ADVANTAGE members are entitled to an extended period of 7 days for returns and exchanges, commencing from the date of delivery. To initiate a return or exchange within this extended period, members must contact our customer service department.

Enrolled CREDIT ADVANTAGE program members agree to adhere to these terms.

Your Privacy

Please view our Privacy Policy: https://theceocreative.com/privacy-policy/

Consent To Share Business Information

By registering with The CEO Creative, you consent to the following terms regarding the handling and sharing of your business data:

– Information Collection: The CEO Creative and its affiliated entities may gather the following details: your email address, company name, phone number, and the owner’s name.

– Type of Data: The data we collect and share pertains solely to business transactions (Business to Business) and is not subject to the Fair Credit Reporting Act (FCRA). This data includes your email address, company name, phone number, and the owner’s name. Note that we do not collect or share consumer credit information or personal data beyond what is necessary for business purposes. The information shared is limited to what is publicly available or provided by you for business use.

– Purpose of Sharing: Your business information may be utilized for marketing and promotional efforts. Specifically, this data may be shared with our affiliates to provide you with pre-approvals and other business opportunities.

– Regulatory Compliance: We are committed to adhering to all relevant data protection laws, including GDPR, CCPA, and other applicable regulations. Your information and data will be managed in compliance with these standards.

– Opt-Out Procedure: Should you choose to withdraw from data sharing, you can do so by contacting us via email or our contact form at info@TheCEOCreative.com. We will promptly stop sharing your information with our affiliates upon receiving your request.

– Data Protection: We ensure that all collected business information is stored securely and protected with industry-standard security practices. We are dedicated to preventing unauthorized access, modification, disclosure, or destruction of your data.

– By continuing to use our services, you agree to these terms. For any questions or concerns about our data sharing policies, please reach out to us.

– By using our services, you consent to the sharing of your business information in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA.

Retention of Your Personal Data

We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. We implement appropriate security measures to safeguard your data during this retention period

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Removal of Links from Our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links

but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Business Website Design Package Contract Length

By purchasing a Business or custom website from CEO Creative, Inc., you agree to a minimum duration of a 12-month contract.

Website Development Phase

Gathering Info: We start by gathering all the information we need to get the project started. Taking the time to fill out our online forms correctly is crucial in this step, but we may also contact you by email/ticket/phone call if necessary. All requests and content additions that are not specified within the form are considered secondary and may not be added to your website, so make sure you fill the form in detail.

Initial Design: After we gather all the information we can, we will make a quick plan on how to approach your project the best.

Project Content: In order to get your project started and keep it within the build time frame, we need the website content. We will by default provide this. This includes text content and images. If you want to provide all or any of these you may do so. If you state to provide content yourself, you are expected to provide all information within 3 days. If you fail to provide information after this point, we will start the build process and provide the content ourselves, to our best ability. Logo design includes up to 3 revisions. It is the sole responsibility of the User to communicate clear and detailed instructions on how they would like their logo to be created using our online form.

Development: We will create the first working version of your project.

Revisions: We will show you the first working version and make up to 3 necessary revisions based on your input.

Project Launch: After your project is set up just the way you want it, it is finally ready for launch.

Out of Scope Website Design Expenses

Any unplanned additions to your project fall under hours that are extra billable. You will be notified before we undergo any additional work of such kind.

Hourly rate: $45/hour, billed to the quarter of an hour through our online billing and desktop hour tracking software. However, most additional projects and/or project modifications will be scoped and bid on a fixed-price basis.

Business Website Design Ownership and Rights

If you choose to provide any content for your project (such as images and text) we will assume that it comes with a guarantee that you are its rightful owner. Website ownership will be transferred to you as soon as the last payment is completed in your initial 12-month contract.

Business Website Design Cancellation

As soon as your contract starts, we begin to report your credit line to bureaus. You cannot cancel your contract until your initial 12-month subscription period ends ore paid in full.

Business Website Design Payments

Payments are executed monthly and rates depend on package type. Please examine each package for more information. Most of the packages have setup fees which are applied immediately when you purchase a subscription.

All subscriptions are on a revolving monthly period with a minimum contract of 12 months in order to apply your business to the credit line. Once this 12-month period ends, you qualify for an increase in your credit line.

How Does the Business Website Design Program Work

You are hiring CEO Creative, Inc. for financing and building your online business presence. We are not a bank, nor are we attorneys at law.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability and without a refund of the annual fee, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Registration

If you register to the site, you agree to keep your account and password information confidential and safe. We reserve the right to change or remove a username you selected if we determine it is inappropriate.

Products

We give our best to accurately display product specifications, details, colors, and features. We do not guarantee that product specifications, details, colors, and features will be accurate and complete on all levels and be free of errors. We cannot guarantee that all products will be in stock and we reserve the right to discontinue any product at any time and for any reason. All product prices are subject to change.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

– limit or exclude our or your liability for death or personal injury;

– limit or exclude our or your liability for fraud or fraudulent misrepresentation;

– limit any of our or your liabilities in any way that is not permitted under applicable law; or

– exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Disputes related to privacy, data handling, or any alleged breach of these Terms shall be resolved through binding arbitration in accordance with the Dispute Resolution clause herein.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 10 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

We will notify you of significant changes to our data handling or privacy practices at least 10 days prior to implementation. Your continued use of our services after such changes will constitute your acceptance of the revised terms