Terms and Conditions

Last Updated: December 15, 2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website operated by Modern Branding & Marketing ("us", "we", "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

1. Services

Modern Branding & Marketing provides branding, marketing, design, and consulting services as described on our website. The specific services to be provided to you will be detailed in a separate agreement or statement of work that we may enter into.

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice to you. We shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.

2. Use of Website

You are granted a limited, non-exclusive, non-transferable right to access and use our website solely for your personal, non-commercial purposes. You agree not to:

• Use the website in any way that could disable, overburden, or impair the site or interfere with any other party's use of the website;
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website;
• Use the website in any manner that could disable, overburden, damage, or impair the site.

3. Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Modern Branding & Marketing, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless explicitly stated, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. All rights not expressly granted herein are reserved.

4. User Content

Our website may allow you to submit content, including feedback, comments, or suggestions. By submitting content to our website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods.

You represent and warrant that you own or control all rights in and to the content you submit, and that such content does not violate these Terms or any applicable law.

5. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Modern Branding & Marketing. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we 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 websites or services.

6. Payment Terms

If you purchase any services from us, you agree to pay all fees and charges associated with those services as specified in the applicable agreement or statement of work. All payments are non-refundable unless otherwise specified in our Refund Policy or agreed upon in writing.

We reserve the right to change our prices at any time. If we change our prices, we will provide notice of the change on the website or by email, at our discretion.

7. Limitation of Liability

To the maximum extent permitted by law, in no event shall Modern Branding & Marketing, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Modern Branding & Marketing, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Service is free of viruses or other harmful components; or
• The results of using the Service will meet your requirements.

9. Indemnification

You agree to defend, indemnify, and hold harmless Modern Branding & Marketing, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

11. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 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, please stop using the Service.

13. Entire Agreement

These Terms constitute the entire agreement between you and Modern Branding & Marketing regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.