Terms and Conditions
Last updated: July 18th, 2019
By using this website, you agree to the following Terms and Conditions. Please read them carefully before using this website.
General Provisions
This website is owned and operated by From Out West, LLC, an “Indiana Limited Liability Company” (hereinafter “we” “us”). Our principal place of business is located at 176 W Logan Street #190, Noblesville, Indiana, 46060, USA.
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and are the property of From Out West, LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
Your Communications
Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy linked here.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Disclaimers
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website, including but not limited to any information offered on our website, and our company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including but not limited to as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, email us at hello@fromoutwest.com.
Affiliates
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Please review the Terms and Conditions and Privacy Policies of those affiliate entities.
Termination
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
Refunds & Payment Collection
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously as well.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. From Out West, LLC reserves the right to charge 5% interest per month upon any outstanding sum left unpaid on or after 14 calendar days from due date or as otherwise specified in a direct contract agreement.
After 30 days of outstanding payment, From Out West, LLC reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
Entire Agreement
Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, or by using our website(s), the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website. By using our website(s) and any other platforms operated by From Out West, LLC, you consent to the Terms and Conditions as well as the Privacy Policy.
Severability
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
Law and Jurisdiction
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Indiana, the United States of America.
The Brand Lottery
The Brand Lottery is pending Registered Trademark by the United States Patent and Trademark Office, and it may not be used by any other entity, party, or persons.
Entry into The Brand Lottery is voluntary, and you agree to monthly automatic charges upon purchase of the subscription. Each winner is selected at random and generated online. No refunds will be issued. Customers who purchase The Brand Lottery membership are permitted to use the funds they’ve paid into the membership with the exception of taxes and fees not to exceed $1,000.00 U.S. dollars toward branding design and/or website design at the discretion of From Out West and its affiliated persons and parties. This credit may not be used for other goods or services. From Out West, LLC reserves the right to change pricing and structure at any time without notice. Members who have already purchased will be unaffected by price changes unless otherwise noted.
Drawings will be conducted according to From Out West, LLC. Once winners are notified, they will have three (3) business days (Monday through Friday) to respond as instructed. If a response is not received by 11:59 pm Eastern Time on the third business day, From Out West, LLC reserves the right to draw another winner.
You understand that The Brand Lottery is only for branding design services and website design services as outlined in the contract unless otherwise agreed upon by the Designer.
Design work is contingent on a signed Client and Designer contract as provided by the Designer. Only the scope of work outlined and agreed upon in the contract is included in the design process. If the winner/Client refuses to sign, fails to sign, or breaches the contract, From Out West, LLC and its affiliated persons and parties are not liable for any loss—monetary or otherwise. All payments and credits are then forfeited.
Designer maintains the right to terminate the Client and Designer contract as well as the design process as outlined in the contract. Designer will make reasonable efforts to resolve any issues before doing so. Client (also known as The Brand Lottery winner) is not entitled to credits or refunds.
You consent that no part of your business is owned or copyrighted by another person or entity. Design services will not be conducted for persons representing a larger corporation unless the designs are intended for completely separate use. This includes but is not limited to the representation of companies with multi-level marketing. You are responsible for ensuring no part of your business is copyrighted, trademarked or otherwise bound by another entity. From Out West, LLC is not responsible for any verification of legitimacy of the Clients’ (or The Brand Lottery winners’) business(es) and is not liable should an issue arise.
Accrual of credit toward design services through The Brand Lottery is based on consecutive payments and monthly membership participation. If you cancel or otherwise conclude your membership with The Brand Lottery, you forfeit any accrued credits or monetary value for design services. If you re-enter The Brand Lottery, your credit accrual will be based on your new (current) membership including only consecutive payments. Cancellation, failed payment, or other lack of on-time payment will result in the loss of any credit accrued thus far.
Design processes for The Brand Lottery winners will follow the timeline of the Designer as agreed upon in the contract. Any request for a faster process or timeline will be considered at the discretion of the Designer and outlined in the contract.
Website design is specific to the design work and does not include domain registration, web hosting, plug-ins, or any other processes or fees, including but not limited to those required to launch and maintain the website. Lottery winners and Clients are responsible for all website processes with the exception of design. The Brand Lottery winner is responsible for purchasing and/or completing the required processes and registrations for website design at the time of winning to ensure the Designer’s timeline is maintained. If the winner cannot or will not, they forfeit their “win” and are not entitled to a refund. All websites will be designed on Squarespace unless otherwise agreed upon.
Persons who enter The Brand Lottery understand and agree that correspondence is conducted via email and are responsible for notifying hello@fromoutwest.com if emails (including confirmations and receipts) are not received. From Out West, LLC is not responsible for any missed emails or notifications by Clients (including The Brand Lottery winners).
From Out West, LLC reserves the right to pause, freeze, postpone, cancel, terminate, or otherwise change The Brand Lottery at any time. Members will not be charged for any month that a Lottery winner is not selected.
From Out West, LLC reserves the right to change or update these Terms and Conditions at any time and without notice. All current Terms and Conditions are available here.
If you violate these Terms and Conditions, From Out West, LLC is not required to issue any refunds, and all payments and credits are forfeited.
Consent
By using our website, you hereby consent to our Terms and Conditions of Use.
If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at hello@fromoutwest.com.