Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
BY THE ACT OF PURCHASING ANY PRODUCT OR SERVICE WITH OR THROUGH CREEK HOME DESIGN, YOU CONSENT YOU HAVE READ, ACCEPT, AND ACKNOWLEDGE THE TERMS STATED HEREIN.
Binding Agreement
This is a binding agreement. By using the online website located at https://www.creekhomedesign.com (the “website”) or any services provided in connection with the website, you agree to abide by these Terms of Use, including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference. Creek Home Design also retains the right to amend these policies at any time without notice. Your continued use of the website constitutes your consent and acceptance of the changes. If you do not wish to be bound by these Terms of Use, you must discontinue use of the website.
The term “you” refers to anyone who uses, visits, and/or views the website. The term “client” refers to anyone who engages in a purchase of any product or service provided or offered by Creek Home Design, a website owned and operated by CHD Media LLC.
Creek Home Design is dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incoporated into these Terms of Use. A complete copy of Creek Home Design’s current Statement of Privacy can be found by clicking the “Privacy Policy” link at the bottom of the page.
Age and United States Use Only
All information and content on this website is intended for individuals over the age of 18. Children are prohibited from using the website and the accounts for any such person shall be immediately terminated, as stated within our Statement of Privacy.
We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation. The website is controlled and operated by Creek Home Design from its offices in the State of Delaware. The domain of the website is registered in the United States and the website is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Creek Home Design makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the website should not be construed as Creek Home Design’s purposefully availing itself of the benefits or privilege of doing business in any jurisdiction other than the United States.
Mandatory Arbitration and Governing Law
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, these Terms shall be construed in accordance with and governed by the laws of the United States and the State of Arkansas, without reference to their rules regarding conflicts of law or where the parties are located at the time a dispute arises. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Arkansas in all disputes arising out of or related to the use of this website.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Arkansas and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
User Content
You grant Creek Home Design a license to use the materials you post to the website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the website, you are granting Creek Home Design, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Creek Home Design, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Creek Home Design may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute that User Content to us.
Compliance with Intellectual Property Laws
When accessing the website you agree to obey the law and to respect the intellectual property rights of others. Your use of the website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by Creek Home Design and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of the website’s or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
Inappropriate Content
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Creek Home Design reserves the right to terminate your receipt, transmission, or other distribution of any such material using the website, and, if applicable, to delete any such material from its servers. Creek Home Design intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
Alleged Violations
Creek Home Design reserves the right to terminate your use of the website. To ensure that Creek Home Design provides a high-quality experience for you and for other users of the website, you agree that Creek Home Design or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the website. Creek Home Design does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Creek Home Design reserves the right to terminate your account or your access to the website immediately, with or without notice to you, and without liability to you, if Creek Home Design believes that you have violated any of the Terms of Use, furnished Creek Home Design with false or misleading information, or interfered with use of the website by others.
NO WARRANTIES
CREEK HOME DESIGN HEREBY DISCLAIMS ALL WARRANTIES. CREEK HOME DESIGN IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREEK HOME DESIGN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CREEK HOME DESIGN DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. FOR THE AVOIDANCE OF DOUBT, ALL CONTENT ON THE WEBSITE CONSTITUTES ADVICE ONLY AND DOES NOT GUARANTEE RESULTS.
CLIENTS UNDERSTAND THAT CREEK HOME DESIGN DOES NOT OFFER ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, VERBALLY OR IN WRITING, REGARDING VARIOUS FACTORS INCLUDING BUT NOT LIMITED TO YOUR EARNINGS, PROJECT OR BUILDING SAVINGS, BUILDING BUDGET, BUILDING EXPENSES, MATERIAL EXPENSES, LEGAL EXPENSES, OR ANY RESULTS OF ANY KIND. CLIENT AGREES THAT ITS RESULTS ARE DEPENDENT ON VARIOUS FACTORS INCLUDING BUT NOT LIMITED TO, SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS KNOWLEDGE, BUILDING KNOWLEDGE, AND FINANCES AND IS IN NO WAY DEPENDENT ON ANY INFORMATION CREEK HOME DESIGN PROVIDES TO ITS CLIENTS.
Limited Liability
Creek Home Design’s liability to you is limited. To the maximum extent permitted by law, in no event shall Creek Home Design be liable for damages of any kind (including, but not limited to, special, incidental, consequential damages, economic damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the website or any other materials or services provided to you by Creek Home Design. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
Affiliated Sites
Creek Home Design has no control over, and no liability for any third-party websites or materials. Creek Home Design works with a number of partners and affiliates whose Internet sites may be linked with the website. Because neither Creek Home Design nor the website has control over the content and performance of these partner and affiliate sites, Creek Home Design makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Creek Home Design assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Creek Home Design makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
Prohibited Uses
Creek Home Design imposes certain restrictions on your permissible use of the website. You are prohibited from violating or attempting to violate any security features of the website, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Creek Home Design in providing the website. Any violation of the system or network security may subject you to civil and/or criminal liability.
Indemnity
You agree to indemnify Creek Home Design for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Creek Home Design, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Creek Home Design will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
No License
Nothing contained on the website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Creek Home Design or by any third-party.
For Educational and Information Purposes Only
As set forth more fully in the Disclaimer, the information contained on this website and the resources available for download through this website are for educational and informational purposes only. The information contained on this website and the resources available for download through this website are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Use of Our Paid and Free Products
We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website. We only grant you a limited, personal, non-exclusive, and non-transferable license to use all of our products for your personal use only. Information, materials, worksheets, course information, and/or programs provided to clients in the course of the client’s work with Creek Home Design are proprietary, copyrighted, and developed specifically for Creek Home Design.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any way exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. Any disclosure to a third-party (including disclosure or sharing of your personal user ID and password for login to paid only content) is strictly prohibited.
Fees, Refunds, and Cancellations
All sales of products and/or services on this website are final. No refunds will be issued. We do not offer cancellations, refunds, or returns. All contracts and purchases are binding. Clients are responsible for full payment of fees within any signed service contract, and for full payment of any purchased product.
Payment Plans: If you opt for a service contract with a payment plan and we attempt to collect a payment and a payment fails, you will be issued an invoice for the entire remaining amount that will be due within 30 days. If the invoice is not paid, we have the right to engage a collections agency. Additionally, if at any time you remove your credit card information and do not replace it with updated information within 24 hours, you will be removed from the private Facebook groups, access to any course and/or program material will be revoked, and you will be issued an invoice for the entire remaining amount that will be due within 30 days. If the invoice is not paid, we have the right to engage a collections agency.
Recurring Payments. If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company until your payment plan is complete, as set forth in your acceptance of the purchase terms and contract upon checkout.
Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.0% per month or the highest rate allowed by law, whichever is greater.
Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
Social Media Groups
Creek Home Design reserves the right, in its sole discretion, to terminate a client’s access to its Facebook groups, or other social media group designations.
Amendments
Creek Home Design reserves the right, in its sole discretion, to change the Terms under which the website is offered. The most current version of the Terms will supersede all previous versions. Creek Home Design encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the website constitutes your consent and acceptance of the changes. If you do not wish to be bound by these Terms of Use, you must discontinue use of the website.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.
Severability and Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Entire Agreement
These Terms of Use in conjunction with our Statement of Privacy and our Disclaimer constitute the entire agreement between Creek Home Design and its users and clients with respect to this website. It supersedes all previous or contemporaneous communications, discussions, negotiations, proposals, agreements, or understandings we may have with you whether electronic, oral or written. It may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
A printed version of this entire agreement including the Statement of Privacy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
ACCEPTANCE
BY THE ACT OF PURCHASING ANY PRODUCT OR SERVICE WITH OR THROUGH CREEK HOME DESIGN, YOU CONSENT YOU HAVE READ, ACCEPT, AND ACKNOWLEDGE THE TERMS AND AGREEMENTS ABOVE.
Contact Information
If you have questions regarding these Terms of Use, please contact us at connect@creekhomedesign.com.
Last Updated: June 2023
