Pierre Branding Group

Our Commitment to Privacy last update 12/8/18

Pierre Branding Group values our customers and respects your privacy. Please read this Privacy Policy and our Terms of Service carefully before providing us with any information, using or obtaining any content or services through our Website(s). By using our site, we obtain your implied consent that you agree to and accept the practices described in this privacy notice.

This privacy policy describes the personal information we collect about you, why we collect it, how we use and protect it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. By providing your personal information to Pierre Branding Group, you are consenting to the manner in which we collect, use, disclose, protect and otherwise manage that information.

If our information practices change, we will post an updated version of the policy on our website. You can tell if the policy has changed by checking the “Last Updated” date that appears above and that will be the date on which the new policy becomes effective. The new policy will apply to all current and past users of our website and will replace any prior policies that are inconsistent. Your continued use of our website constitutes your consent to be bound by the revised policy.

Information You Provide

Certain functions on our Websites may require users to register or to provide personal information in order to be included on our electronic or print mailing lists, download whitepapers or subscribe to other services. To better understand the needs of our website users, we may also request information from time to time on a voluntary basis. If you provide such information we will not share information that identifies our users but may share generalized, aggregate data or so called “demographic information.” Entry of such information is optional and if you choose not to enter such information, you can successfully use these applications. If we share demographic information with third parties, we will only provide aggregate data.

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Like many websites, we use cookies and Pixel Tags to keep track of your activity on our Website(s) and enhance your experience. We may also use strings of code called Anonymous Identifiers that are combinations of random characters where cookies are not available (for example, when you access our Website(s) from mobile devices). We also use cookies to deliver content specific to your interests, in some cases to save your password, and if you choose, to save other personal information so you do not have to re-enter it each time you visit our Website(s). Although we do not generally host advertising, a cookie or other tracking methodology (including LSO persistent cookies) may also be placed by an advertising servers or other. Such cookies are used for purposes of tracking browsing behavior. Similarly, a cookie may be placed by other third-party advertising companies. If you wish to disable cookies, the “help” portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas or features of the Website(s).

Registered User Information

In some cases we afford the opportunity to become a Registered User of our Website(s). To do so you must provide your name, address, e-mail address, a unique login name, password, and password validation, and a password hint to help you remember your password. This information is collected on the registration form for several reasons including: (1) personal identification; (2) to allow us to contact you for customer service purposes, if necessary; (3) to customize the content of our Website(s) to meet your specific needs; and (4) to make product improvements to our Website(s).

Automatic Logging of Session Data

We automatically log generic information about your computer’s connection to the Internet, which we call “session data,” that is anonymous and not linked to any personal information. Session data consists of things such as IP address, operating system, location and type of browser software being used and the activities conducted by the user while on our Website(s). An IP address is a number that lets computers attached to the Internet, such as our web servers, know where to send data back to the user, such as the pages of the website the user wishes to view. We collect session data because it helps us analyze such things as the content on our Website(s) that interest our visitors the most, what items visitors are likely to click on most, the way visitors are clicking through the website, how many visitors are navigating to various pages on the website, how long visitors to the website are staying and how often they are visiting. We also record the URLs (Uniform Resource Locators) of the websites you have visited prior to arriving at our Website(s) and the URLs of the destinations you visit after you leave our Website(s). Collecting this information also helps us diagnose problems with our servers and lets us better administer our systems. You should know it is possible to determine from an IP address a visitor’s Internet Service Provider (ISP) and the approximate geographic location of his or her point of connectivity or from GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Third-party advertising companies may also employ technology that is used to measure the effectiveness of advertising.

Telephone Tracking Data

If a user (including both Registered Users and visitors) places a telephone call to a number provided by our Website(s) or in communications arising out of our Website(s), we and/or marketing partners may record, track and or meter the telephone number of originating the call. We and/or our marketing partners may also store referring telephone numbers. You can ask us to delete this information at any time by contacting info@pierrebrandinggroup.com.

Other

From time to time we may add or enhance services available on our Website(s). To the extent these services are provided and used by you, we will use the information you provide to facilitate the service requested. For example, if you submit a question on our Website(s) or by email, we will use your email address, name, nature of the question, etc. to respond to your question. We may also store such information to assist us in making our Website(s) the better and easier to use.

Information Other Websites Collect From You

On our Website(s), we place links to other web sites operated by other parties. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites’ business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on our Website(s). We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

Sharing Your Information

When you use our Website(s) or provide us with information, we may share personal information among our corporate affiliates. We may also use aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites. Occasionally, we may hire a third party to act on our behalf for projects such as market-research surveys and will provide information to these third parties aggregated generalized data specifically for use in connection with these projects.

In addition to the circumstances described above, we may disclose your information as part of a validation process in the interest of preventing fraud, to provide proper accounting to our business partners (for “pay-per-click”, “pay-per-call” or “push-to-talk” advertising listings and related programs) and to validate our business metrics including number of clicks, referrer logs and other tracking information. We may also disclose your information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect our rights or properties of our affiliated companies or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if Pierre Branding Group LLC or substantially all of our assets are acquired, our customer information will be transferred in connection with such acquisition to the successor owner.

Demographic Information and Saved Listings

We use demographic and listing information to customize our Website(s) and communications to the interests of our users. We may share demographic information and listing information with marketing partners and other third parties so that they can target their advertisements and communications to the appropriate audience. Demographic and listing data we provide to advertisers and other third parties may be linked to information you have provided as a Registered User so that advertisers and third parties can target the offerings presented to you. We may capture, correct, enhance, extrapolate and store additional information and data based on information you supply, including without limitation data relating to your geographic location, IP address and provider, email and other demographic information. We may also enhance the information we collect from you with additional information collected by third parties to correct, match, enhance or complete the data you have provided. We may store and share this enhanced information on an individual or aggregated basis.

Opt Out

At any time, you can unsubscribe being a Registered User or a member of any of our email communications by clicking on the “unsubscribe” link and following the instructions. We reserve the right to limit our Registered Users to those who provide us with a valid email address and agree to accept e-mails. Registered Users will be notified via e-mail prior to any actions taken. After you submit personal information in connection with becoming a Registered User or other programs offered or sponsored by third parties on our Website(s), we may use such information to send you marketing emails. However, if we do so, we will provide a link on that you can click on to opt-out of receiving subsequent marketing emails generated from the same such information at any time.

Please note that changing or deleting your information otherwise opting-out of receipt of email communications from us will only change or delete the data for purposes of future activity on our Website(s) and for managing future communications. We will retain your email address on an “Opt Out List” to help ensure that it is not incorporated into future email lists. These changes and deletions will not change or delete information that we may have already forwarded to our affiliates or any other third parties, all as provided above in this Privacy Policy. This includes user-generated content and data previously provided to us.

Nondisclosure of Personal Information

We do not share any personal information with any nonaffiliated third parties, except when:

necessary to provide the service that the Data Subject has requested or authorized, or to maintain and service the customer’s account;
required by regulatory authorities or law enforcement officials who have jurisdiction over us or as otherwise required by any applicable law; and
reasonably necessary to prevent fraud and unauthorized transactions.

Our employees are prohibited, either during or subsequent to their employment, from disclosing personal information to any outside person or entity outside, including family members, except under the circumstances described above. An employee is permitted to disclose personal information only to such other employees who need to have access to such information to deliver our services.

Last Updated: December 4, 2018

PLEASE READ THESE TERMS CAREFULLY. YOUR USE AND INTERACTION WITH OUR WEBSITE, PORTAL AND/OR SERVICES INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE OR OUR SERVICE. TERMS OF SERVICE TERMS OF SERVICE

Overview Booking Stylist Services
Usage of the PBG Site
Payment for Stylist Services
Consultation Notifications (Email/SMS)
Cancellation Policy
Refunds
Release
Newsletters
Pricing
Special Promotions
Changes to Agreement
PBG Image Consultants
Privacy Intellectual Property Rights
User Conduct Copyright Complaints and DMCA Agent Governing Law
Bugs and Exploits
Site Security and Conduct
System and Network Security
Links to Other Websites
No Agency Disclaimer of Warranties
Limitation on Liability Indemnification
Violation of Terms and Termination
Modification to the Site or Services
General Provisions

OVERVIEW

These Terms of Service constitute a legally binding agreement (“Agreement”) between you and Pierre Branding Group, LLC (“PBG”) governing your use of the PBG’s website (PBG.co) (“Site”) and the wardrobe consultations provided by PBG Image Consultants (“PBG Services”). Your use of the PBG Services constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, and the Privacy Policy (the “Privacy Policy”) available here, and any future changes and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement”.

BOOKING STYLIST SERVICES

The PBG Site can be used to book an in-home Wardrobe Consultation appointment and have an PBG Stylist provide a Wardrobe Consultation regarding current clothes and an introduction to new brands and styles. Users are required to provide details on the Site in order to book a Wardrobe Consultation. These details will be processed through the Google forms platform. Payment is required at the time of booking and is processed using Paypal or square.

USAGE OF THE PBG SITE

Users who are eighteen (18) years of age or older who agree to the Terms of Service may book a Wardrobe Consultation online at the PBG Site. You agree that the information supplied will be accurate and that you will not supply the email address of, or other contact details of, another person. Additionally, you agree not to (i) take any action or (ii) make available any content on or through the PBG Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of the PBG Services in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against the PBG Services.

PAYMENT FOR STYLIST SERVICES

When you book a Wardrobe Consultation, we will charge you the full Consult Fee due as set forth on the Site. This Consult Fee will be charged immediately to your credit card (or other payment method). By submitting your payment information via the Site, you authorize us to utilize the Square® or Paypal® platform to charge your credit card or other payment method available in accordance with this policy. You represent that you will not use any credit card (or other form of payment) unless you have the necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card (or other form of payment) in order to book a Wardrobe Consultation. Consultation Fees are paid directly to PBG, not to the PBG Stylist. Users are not required to pay PBG Image Consultants Consultation Fees directly.

CONSULTATION NOTIFICATIONS (EMAIL/SMS)

By providing your email address, you hereby affirmatively consent to our use of your email address in order to (a) perform and improve upon the PBG Services, (b) facilitate the carrying out of Wardrobe Consultations through the PBG Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. By providing your mobile phone number when booking a Wardrobe Consultation on the PBG Site, you affirmatively consent to our use of your mobile phone number for calls and texts (including prerecorded and/or by automatic telephone dialing systems) in order to (a) perform and improve upon the PBG Services, (b) facilitate the carrying out of Wardrobe Consultations through the PBG Services, (c) provide you with information and reminders regarding your upcoming Wardrobe Consultations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about upcoming Wardrobe Consultations and/or request feedback regarding recent Wardrobe Consultations. PBG will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by texting “STOP” in response to any texts, or by emailing info@pierrebrandinggroup.com and specifying you want to out-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing info@pierrebrandinggroup.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

CANCELLATION POLICY

Appointments for wardrobe consultations must be cancelled at least 48 hours from scheduled appointment in order to be eligible for a full refund. Appointments cancelled within 48 hours from scheduled appointment will not be eligible for a refund.

REFUNDS

There will be no refund of the Consult Fee after the scheduled Wardrobe Consultation has been completed. While PBG makes efforts to follow the Style Preferences provided by Clients in the Style Preference Form submitted at the time of booking a wardrobe consultation, we do not guarantee that every wardrobe consultation will comply with those preferences or be to your taste or liking. You are responsible for paying for the wardrobe consultation, whether it conforms to your Style Preferences or not.

RELEASE

The PBG Services only enables connections between Users and PBG Image Consultants for Wardrobe Consultation services. PBG is not responsible for the performance of PBG Image Consultants, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of the Users and/or PBG Image Consultants. PBG makes no representations about the suitability, reliability, timeliness, or accuracy of the PBG Services, whether made through the PBG Site, in public, private, or in offline interactions. The PBG Services is only a platform for connecting Users with PBG Image Consultants. Because PBG is not involved in the actual contact between Users or in the completion of the Wardrobe Consultation, in the event that you have a dispute with one or more PBG Image Consultants, you release PBG and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

PBG EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PBG SERVICES.

NEWSLETTERS

You may sign up for the PBG email Newsletter when booking a Wardrobe Consultation online by checking the box next to “Subscribe: Sign up with your email address to receive news and updates.” You can opt-out from receiving these Newsletters from any email message that you receive by clicking the Unsubscribe link in the email. We will not send you spam or off-topic emails.

PRICING

Pricing for Consult Fee for Wardrobe Consultations may change from time to time. Please see Site for updated Consult Fee pricing when booking Wardrobe Consultations.

SPECIAL PROMOTIONS

PBG may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of PBG, and can be activated, modified or removed at any time by PBG without advance notification. For information on these promotional opportunities, please consult the rules or entry guidelines.

CHANGES TO AGREEMENT

These Terms of Service are subject to occasional revision. We will notify you of any changes to our Terms of Service by posting the new Terms of Service and updating the "Last Updated" date above. At our discretion, we may also notify you of certain changes by sending you an email to the email address provided when booking Stylist Services. For existing users of the PBG Services, any changes to these Terms of Service will be effective thirty (30) calendar days following our posting of the changes on our PBG Site. These changes will be effective immediately for new users of the PBG Services. Continued use of the PBG Services, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check here to view the then-current Terms.

PBG Image Consultants

When interacting with other Users and PBG Image Consultants, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER PBG NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR PBG STYLIST OF THE PBG SERVICES AND YOU HEREBY RELEASE PBG AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY. PBG AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PBG SERVICES.

PRIVACY

We know that your privacy is important. For this reason, we have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the PBG Services, including how we market our services. INTELLECTUAL PROPERTY RIGHTS All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the PBG Site or rendering of PBG Services is owned by PBG, excluding User Generated Content that PBG has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. PBG owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the PBG Site without PBG’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of PBG and, if applicable, the holder of the rights to the User Generated Content. 5 The service marks and trademarks of PBG, including without limitation PBG and PBG logos are service marks owned by PBG. Any other trademarks, service marks, logos and/or trade names appearing via the PBG Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

USER CONDUCT

You agree that you will not use these sites to perform the following actions:

Offensive Posting

Posts of a patently offensive nature are not allowed. This includes, but is not limited to:

Using vulgar, profane, or sexually explicit language
Using race, religion, sexual orientation, culture, ethnicity, handicap, nationality, or gender as a means of insult
Using sexual preference terms as a term of insult in any way, shape, or form
Using threatening, harassing, defamatory, hate-speech, or libelous language
Posting or requesting links to or material from pornographic, obscene, or hate-speech websites
Posting links to websites with potentially offensive content without a clear warning
Descriptions or details about any sexual act or sexual organs

Posting content from other websites. Any content you post on the PBG Site must be your original work. If it is owned by another, you must have authorization from the copyright owner. If you post content from another source, please include a link back to the original content.

Flaming (Insulting Other Users). Posts clearly insulting, calling out, provoking or harassing other board members, individually or as a group, directly or indirectly, are not allowed. This includes, but is not limited to: Name-calling ("You're an idiot", "You moron") Direct insults ("Screw you") Offensive orders ("Go kill yourself") Insinuations ("Are you stupid or something?") or insults towards family ("Your mom...")

Trolling (Inciting Flames). Posts intended solely to annoy and/or offend other posters by going against the clear nature of a board or topic are not allowed. This includes, but is not limited to:

Provoking other users to respond with flames
Constant bickering/arguing
Making misleading topic titles
Asking obviously useless questions
Posting false information as fact

Illegal Activities. Posts that violate or incite others to violate the law are not allowed. This includes, but is not limited to, asking for or providing, in any way, shape, or form:

Illegal copies of copyrighted software (ROMs, Warez)
Methods of circumventing copyright protection (Cracks, No-CD Patches, CD Keys, mod chips)
Illegal copies of copyrighted music (MP3s), movies, videos, or any other type of media
Reprints of material from other websites (pay or free)
Ordering or purchasing alcohol if under the age of 21 years

Advertising. Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:

Unsolicited commercial or personal website advertisements
For-Sale/For-Trade/For-Auction/Wanted notices
"Make Money Fast" scams, chain letters, and pyramid schemes
Advertising for another message board

Users are allowed to include a website address in a signature, request comments on their personal site in a social setting, or provide interesting or relevant links to another site.

Disruptive Posting. Posts that disrupt the message boards for other users, intentional or not, are prohibited. This includes, but is not limited, to:

Message posts or topic titles that force browsers to scroll horizontally
Large blank or content-free posts
"Bumping" multiple older topics (posting in them well after the last post)
Posting multiple identical or near-identical messages or topics
Intentionally hard-to-read topic titles (i.e. ALL CAPS, AlTeRnAtE cApS, no spaces, no or excessive punctuation, 1337 speak, et cetera)
Posting multiple hard-to-read or nonsensical messages in a single or multiple topics
Posting large ASCII art (except in social topics specifically calling for it)
Post counting (i.e. "First", "100th Post")

Flooding, Invading, and Board Wars. Users may be immediately banned (along with any associated accounts) for:

Flooding a board with multiple disruptive topics or posts
Invading another board (flooding a board as a group with multiple topics or posts)
Instigating, participating in, or retaliating in an invasion of a message board or any other online service
Announcing or inciting a "war" or any conflict with the regular members of another board

Impersonation. Users may be immediately banned (along with any associated accounts) for impersonating other users by creating and/or using a name clearly intended to impersonate, mock, or antagonize another user, or otherwise falsely claiming to be another.

Harassment/Stalking/Privacy. Continual harassing behavior directed towards a certain individual or group with the intent of creating an intimidating, offensive, or hostile environment on the boards, with or without use of explicit or implicit threats is strictly prohibited. Posting private information without permission is also prohibited. Posts inquiring about temporarily suspended or banned users (for example: "free this user" or "why did this user get banned") will be removed and poster issued a warning. Continued posts of this nature will result in suspension.

Other. Any other activity that is clearly detrimental to the flow of conversation and normal activities of the boards and its users may also be deleted. 7 Relevance and Posting Rules. You must have firsthand experience with any Stylist on which you provide feedback or comments. Offensive Content: You may be exposed to content that you find offensive, indecent or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. PBG is not responsible for screening content before it is posted.

Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the PBG Services infringe upon your copyright or other intellectual property right, please send the following information to PBG's Copyright Agent at:TBD

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the PBG Site where the material you claim is infringed is located. Include enough information to allow PBG to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

GOVERNING LAW

You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A. without reference to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Georgia for any disputes arising out the use of the PBG Services. This Agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This Agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers. 8 If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement. Any remaining provisions of the Agreement will continue to be enforced with full effect.

BUGS AND EXPLOITS

Using exploits or tricks in the PBG Site’s code or third party platforms to gain privileges, access, or abilities not clearly intended by the board design is prohibited. Making exploits public or using them for personal benefit is grounds for immediate loss of access to the PBG Services.

SITE SECURITY AND CONDUCT

We have incorporated all reasonable and commercially available measures to protect the Site from unauthorized access. Any unauthorized commercial use of the PBG Service is expressly prohibited. You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur when using the Site and/or PBG Services. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally. Further, by way of example and not as a limitation, you agree not to:

harvest or otherwise collect information about others, including e-mail addresses, without their consent;
create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
transmit any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful or deleterious programs or scripts;
violate any U.S. law regarding the transmission of technical data or software exported from the United States through the PBG Service;
interfere with or disrupt networks connected to the PBG Service or violate the regulations, policies or procedures of such networks;
attempt to gain unauthorized access to the PBG Service, other accounts, computer systems or networks connected to the PBG Service, through password mining or any other means; or
interfere with another User’s use and enjoyment of the PBG Service.

SYSTEM AND NETWORK SECURITY

Violations of system or network security are prohibited, and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the PBG Service. You are solely responsible for any breaches of security affecting the servers under your control.

LINKS TO OTHER WEBSITES The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.

NO AGENCY

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

DISCLAIMER OF WARRANTIES

USE OF THE PBG SERVICES IS ENTIRELY AT YOUR OWN RISK.

The PBG Services and all content, products and services included on or otherwise made available to you through the PBG Services are provided by PBG "with all faults" and on an "as is" and "as available" basis, unless otherwise specified in writing. PBG makes no representations or warranties of any kind, whether express or implied, as to the operation of the PBG Services or any content, products or services included on, or otherwise made available to you through, the PBG Services, unless otherwise specified in writing, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. We make no warranty that the PBG Services will meet your requirements, or that the PBG Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the PBG Services, or that defects in the PBG Services will be corrected. We specifically disclaim any liability associated with the use of the PBG Services and you agree that you will not sue PBG for any claim related to any PBG Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material, content, and/or use of the PBG Services. No advice or information, whether oral or written, obtained by you from us through the PBG Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION ON LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY COLLECTING PAYMENT, COORDINATING THE SCHEDULING OF WARDROBE CONSULTATIONS, AND PROVIDING ACCESS TO THE PBG SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE PBG SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WHETHER KNOWN OR UNKNOWN AND ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION 10 OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, OR SERVICE PROVIDED BY PBG, DESTRUCTION OF YOUR INFORMATION OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR PBG SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PBG SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (I) THE TOTAL AMOUNT OF YOUR WARDROBE CONSULTATION BOOKINGS IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, OR (II) FIFTY DOLLARS (U.S. $50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PBG BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PBG, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the PBG Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the PBG Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

VIOLATION OF TERMS AND TERMINATION

You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the PBG Services. You may terminate this Agreement at any time by ceasing all use of the PBG Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

MODIFICATION TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the PBG Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the PBG Services. If you object to any such changes, your sole recourse will be to cease access to the PBG Services. Continued access to the PBG Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the PBG Services as so modified.

GENERAL PROVISIONS Failure by PBG to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and PBG with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of PBG, its successors and assigns.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE PBG SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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Timeframe and Delivery

Agency working days are Monday through Friday, 9am – 6pm Eastern Standard Time.

Pierre Branding Group makes all reasonable efforts to provide concepts and revisions to the Client within the timeframes agreed upon in initial consultations. If we are experiencing higher work volumes, your design will be scheduled for the soonest available design time slot, and you will be notified at the earliest possible time.

Pierre Branding Group will send the design files for Client review. The Client will provide feedback on the draft design.

Pierre Branding Group will review feedback and update the design as needed. Pierre Branding Group will continue the revision process within the specified terms to the Client’s satisfaction. Revisions will be submitted to the Client within the specified timeframe where possible.

Once the Client has approved the design, the Client will pay any balance owed to Pierre Branding Group , and Pierre Branding Group will deliver the final file(s).

All requested formats of the approved design will be saved to the Client Portal for the Client to download. Pierre Branding Group will not maintain an archive of Client files, so Clients must download and maintain their files.

Revisions and Author Alterations

Any and all revision requests, updates, corrections, additions or variations MUST be furnished to Pierre Branding Group in writing via email. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.

The Client understands that any and all revision requests, updates, corrections, additions or variations will incur an hourly billable or project charge. Design work is not done free of charge unless otherwise arranged with Pierre Branding Group explicitly and clearly in writing.

Unless otherwise agreed, Pierre Branding Group will complete ONE large revision stage, and TWO minor revision stages. Revision requests are to be made within 48 hours (TWO days) of receiving the proofs. If no revisions are requested within this time, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional fees at the hourly rate.

The total project quote or rate provided by Pierre Branding Group is based on a reasonable average or specified number of revisions per design item, and associated number of billable hours. On the occasion the Client requests drafts or revisions that go beyond the scope of the original quote or rate, Pierre Branding Group reserves the right to charge an additional hourly rate upon informing the Client that the request will incur an additional cost.

Copyright / Trademarks

Pierre Branding Group creates bespoke designs, and makes every possible effort to ensure designs are original and clearly, legally distinct. If a design unintentionally infringes on existing trademarks, Pierre Branding Group’s liability is limited to free revision of the design to make it legally distinct, or the provision of a paid new design, as negotiated with the Client.

The Client unconditionally guarantees that any design element – text or graphic – provided to Pierre Branding Group for inclusion in the design does not violate any copyright or trademark laws. Pierre Branding Group will not be held responsible for any legal action that may result from improper due diligence on the availability of a name, phrase or image. The Client will hold harmless and protect Pierre Branding Group from any claim arising from the use of content furnished by the Client.

Pierre Branding Group retains the right to display designs in portfolios and on our website, unless exclusion is explicitly requested and agreed upon in writing with the Client.

ACCOUNT HOLD REQUEST (Action Required)

We understand things come up and we’d like to do what we can to help. You have the option to put your automatically recurring monthly or paid in full account on hold for any reason.

Assuming that THIS IS NOT A TERMINATION REQUEST, you may put your account on hold in 30-60 day increments. Account Hold requests are limited to one time per calendar year.

During this temporary hold, all activities and operations associated with your account will also be temporarily discontinued. This may include but not be limited to: meetings, strategy sessions, business development follow ups, social media postings and the like.

The email address and password to the client portal on a temporarily deactivated account will be available for use up to 60 days after the account has been on hold. Within those 60 days, the information remains tied to the account to allow for reactivation.

REACTIVATION (ACTION REQUIRED)

Once you are ready to reactivate your account, the account owner must contact us to reactivate it.

After 60 days of inactivity, the account will be considered terminated and should you choose to reactivate your account, rates in effect at the time of reactivation will be applicable (marketing and branding rates are subject to change). When you reactivate, you can choose from currently available programs and add-ons.

Please note that this temporary hold will not relieve the Client, of its obligations to pay for any Services that have already been performed and/or executed.

Restore service after a nonpayment suspension

Non-payment suspensions

Account suspended for non-payment? Contact us to make a payment and restore your service.

Important details

Monthly program fees continue even while service is suspended.
Your next bill will contain a service reconnection or restoral fee.
Multiple suspensions for nonpayment may delay your ability to upgrade with our best pricing.

Payment Terms

Our payment terms for branding and website projects are fifty (50) percent deposit and fifty (50) percent due upon the completion of the project. For projects with multiple phases the same payment terms will apply to each phase. This means that phase one (1) would require a deposit and balance as would phase two (2) and so on. Pierre Branding Group will invoice Client at the time of the signed contract agreement which will act as the deposit. The remaining balances will be billed at the conclusion of each phase. Any balances are due within 14 business days.

You agree to pay our initial (1st) invoice upon receipt which will act as a deposit for the project. Every invoice after that will have 14 day payment terms. In the event payment is not made within 14 days, Pierre Branding Group will charge a late payment fee of 1% per month on any overdue and unpaid balance not in dispute, to cover the manpower, interest, and other costs PBG pays for carrying overdue invoices from Client. In addition, PBG reserves the right to stop work until payment is received.

Payment for Services Rendered

We’ll deliver a branding strategy and design a new logo. After the strategy and design is approved we’ll deliver a branding guidelines document.

Once services have commenced, You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage during the working relationship, you’re not able to continue and keep the project moving forward with the branding program and/or strategy for any reason, you will pay us in full for everything we’ve produced up to that that point and then cancel this contract.

If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.

Cancellation of Plans

You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimize such costs and expenses.

PAYMENT FOR NON-CANCELABLE MATERIALS

Any non-cancelable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement. We agree to use our best efforts to minimize such liabilities immediately upon written notification from you. We will provide written proof, upon request of the Client, that any such materials and services, are non cancelable.

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