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last updated January 27, 2023
We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect and know that by entering into a business relationship with Pierre Branding Group, you (the Client and/or member) consent to the following Terms and conditions:
Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your information in your account with Square. We will attempt to communicate with you using only the most recent contact information you have provided to us. You agree that any Communicaton sent to you at an address contained in our records shall be effective unless we have received notice of an address change from you. You should print and save and/or electronically store a copy of all Communications that we send to you electronically. We accept no responsibility for any email messages you do not receive, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for the release of any of your account information to such individual.
We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating the terms of service page on the Website or delivering notice of such termination or change electronically.
When using the App to communicate with us, you must provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
If you provide your mobile phone number, other text message address or download the App to a mobile device, we will send you important transactional notices to the mobile number, text message address or to the notification center in the App. Third-party data and message fees may apply.
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
If we have a reasonable belief that Account Owner has died or has become legally incompetent, we may place a hold on the Account and refuse to provide services or permit activity until we know and have verified the identity of any successor. We will require proof of death or adjudication of incompetence (e.g., certified copy of court order, death certificate, or official record). Until we receive notice and any required proof of death or incompetence, we may act as if Account Owner is alive and competent. In the event we receive written notice from a personal representative, executor, administrator, conservator, or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law.
Subject to applicable law, we may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you. We reserve the right, subject to applicable law, to deliver any notice of changes to existing terms or the addition of new terms to you by posting an updated version of this Agreement on the Website or delivering notice of changes electronically. By continuing to use your account, you agree to be bound by the updated terms.
In consideration for viewing the content of this page, I release from liability and waive my right to sue Pierre Branding Group their employees, officers, volunteers and agents (collectively “PIERRE BRANDING GROUP ”) from any and all claims, including claims of the “PIERRE BRANDING GROUP ” negligence, resulting in any injury, illness, or economic loss I may suffer or which may result from my relationship with “PIERRE BRANDING GROUP ” in relation to the information contained on this site.
I am voluntarily reviewing the content of this website and I assume all risks associated with such; whether known or unknown to me.
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 share such information, information may be used for the purpose of customer-managed relationships which may include marketing material from PBG and it’s third-party/corporate affiliates. 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.
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).
Sharing Your Information
When you use our Website(s) or provide us with information, we may share personal information among our third party/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.
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.
I agree to hold “PIERRE BRANDING GROUP harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of Pierre Branding Group accessing my personal or business information, that is not a direct result of the gross negligence of “PIERRE BRANDING GROUP . If “PIERRE BRANDING GROUP incurs any of these types of expenses as a result of defending such claim I agree to reimburse “PIERRE BRANDING GROUP”.
I agree that any information as it relates to “PIERRE BRANDING GROUP” and myself shall be Confidential and shall not be relayed to any uninterested third party.
“PIERRE BRANDING GROUP” reserves the rights and ownership of all images and designs “PIERRE BRANDING GROUP” creates unless otherwise agreed upon by both parties. “PIERRE BRANDING GROUP” reserves all rights to the content within this page and you agree to not use any content within this website without the expressed written approval of “PIERRE BRANDING GROUP”.
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
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.
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.
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.
You further understand that the terms herein are 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 these Terms and Conditions. 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. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of these Terms and Conditions unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the terms herein. Any remaining provisions of the Terms and Conditions 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. 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. 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.
Last Updated: December 4, 2018
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 email@example.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 firstname.lastname@example.org and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
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.
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.
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.
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 for Consult Fee for Wardrobe Consultations may change from time to time. Please see Site for updated Consult Fee pricing when booking Wardrobe Consultations.
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.
You agree that you will not use these sites to perform the following actions:
Posts of a patently offensive nature are not allowed. This includes, but is not limited to:
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:
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:
Advertising. Posts that clearly advertise a service or product are not allowed. This includes, but is not limited to:
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:
Flooding, Invading, and Board Wars. Users may be immediately banned (along with any associated accounts) for:
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.
COPYRIGHT COMPLAINTS AND DMCA AGENT
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
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:
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.
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.
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.
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.
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.
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.
The customer agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
The customer also agrees that PBG holds no responsibility for any amendments made by any third party, before or after a design is published.
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.
All work is carried out by PBG on the understanding that the client has agreed to our terms and conditions.
Copyright is retained by PBG on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.
If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of PBG, unless specifically agreed in writing.
At the time of proposal, PBG will provide the customer with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the PBG website.
A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to PBG.
Alternatively, the client may source their own graphic design team and as part of your Brand Management agreement, PBG will happily oversee and assist the graphic designers of your choosing with the cultivation of your branding materials. Simply reply to the estimate or quotation with an email acknowledging to do so which binds the client to accept our terms and conditions.
For the avoidance of doubt, the PBG Terms & Conditions are what govern the job, not any conditions on the customer’s purchase order.
Charges for design services to be provided by PBG will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the quoted fee will become immediately due.
Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences or is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.
We will supply proofs and PDF files as appropriate for printing, or other graphic files as detailed in the job scope or request.
Charges for design work do not cover the release of our copyright design source files, including but not restricted to indd, psd, AI, png, fla or other source files or raw code; if the Client requires these files for transfer to an in-house or other designer, they will be subject to a separate quotation or ‘buy-out’ charge.
Charges for any additional services requested during the project that are over and above the estimated time or out of scope, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.
Any indication given by PBG of a design project’s duration is to be considered by the customer to be an estimation. PBG cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by PBG for the initial payment or by date confirmed in writing by PBG.
PBG considers the design project complete upon receipt of the customer’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
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.
You can place an account hold request via email by selecting the "Request Hold" button above. As mentioned, any hold request must be submitted at least five business days in advance of the next due payment noting the first day you want your account placed on hold. Tip: For quicker service, try calling the local phone number of the account manages that handles your account
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. If a client fails to bring their account current within the 60 days, the account will be recategorized as a nonpayment suspension and they will be ineligible for expansion, extension, or reactivation for that account.
Account suspended for non-payment? Contact us to make a payment and restore your service.
Client shall pay PBG in accordance with the services PBG provides. Management and Consulting Fees shall be billed in advance and shall be deemed earned once services have been rendered (unless payment associated with these services are included in the initial deposit which is non-refundable). Client shall pay PBG 50% (fifty percent) of PBG’S initial quote for services as a retainer for PBG’s services with the 2nd 50% (fifty percent) being due prior to rendering services for the remaining hours. 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 middle of each phase. Any balances are due upon receipt.
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.
We deliver a branding strategy, advice and guidance.
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.
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.
To the extent permitted by applicable law, we may cancel or suspend your use of services, the PBG Lifestyle Membership Account, or this Agreement immediately, for any reason, and without giving you prior notice. You may cancel the Account or this Agreement at any time by notifying Customer Service at 678-590-0973. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement before such cancellation or suspension occurred. In the event the Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records.
When addressing financial matters, we've taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, unless expressly stated in this Agreement, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any "get rich schemes" on any of our Programs. Nothing in our Program is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, product quality, coachability, ability to sell, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined in our Program is simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented in our Program, and we offer no professional legal, medical, psychological or financial advice.
This agreement is based upon our collaborative and mutual success and both parties enter into this agreement with the intention of mutual success. There is no guarantee of results if you deviate from our set system. In addition, if the Client fails to follow through and implement, PBG has the right but not the obligation to terminate this Program. (e.g. if client 'ghosts' coach/consultants, we won't be able to fulfill our responsibilities).
We want to give each of you the time and guidance you deserve. That's also why when it comes to client selection, we’re choosy.
Candidates for PBG Membership are exclusively nominated and referred by existing PBG Members, Friends and Family. Nominations are initiated, written and completed by the member who acts as the proposer by completing an online nomination form for the proposed candidate. The initiative to nominate a candidate for PBG Membership was put in place because we want to give each of you the time and guidance you deserve.
As we seek to create and foster a positive, productive and safe environment in our company culture, we are committed to the values on which our firm was founded. This includes having a formal process in place for the acceptance and continuation of clients. For this reason, we regularly evaluate and update our customer journey, including the client selection process, determining which clients we serve and in what industries, ensuring we systematically identify and manage risk before committing to a client or a project.
In addition, not accepting a potential new client will often be based on current workload, location and competition. Selecting the “right” client at the outset is essential to the firm’s success, as well as for staff satisfaction and retention.
Under our Client Service Policy, our firm must affirmatively approve service to new clients. Such approval is based on the results of client diligence performed by a mix of internal staff and outside experts. Criteria for selecting new clients can include being in business for a period of time (e.g. 3 years), owner-managers that are open to advice and pleasant to deal with and a clear opportunity for the firm to add value to the business via forward looking services.
Our process ensures that we take a consistent, holistic approach to evaluating the clients we serve and the likely impact of our work to determine if it meets the high expectations and ethical standards held by our colleagues, clients and other external stakeholders. Among other criteria, it requires us to consider the unintended consequences of any proposed work, including potential negative impact to individuals, partners, colleagues, and affiliates.
Our Client Service Policy also includes bright-line rules for work we will not perform. For example, we will not take on High-risk projects which are projects that are highly visible, have a sweeping impact inside and outside the organization and pose significant threats to the project team's ability to deliver.
As project managers and consultants, we utilize tools & methods for identifying, analyzing and monitoring project risk. These tools generally involve conducting a feasibility study, anchored in the principles of project risk management and is highly effective in managing stakeholder expectations, developing early warning systems and setting contingency budgets and plans. To mitigate risk, we often rely on traditional project control methods, contingency planning and risk transference. For the majority of our projects, these proven methods instill the vision, confidence and courage to deliver. This framework is embedded in the way we assess risk for all our client work. It applies globally, across all sectors, whether work is formal or informal, paid or unpaid.
We also have policies and guidelines in place for specific areas of our client work; for example, an enhanced set of rules govern our work for public, social, and state-linked sector (PSSS) clients. These rules ensure that our work for PSSS clients is rigorously risk reviewed, with consideration to such matters as the impact and value for money of our work and our contracting arrangements.
To reduce your risk and protect your strategic objectives, having a Mid-Term Review of your brand implementation plan is imperative. We understand of the importance of reviewing our client relationships to ensure that they are satisfied with the service they currently receive. This also provides the client with the opportunity to offer feedback, if needed, on how the firm can improve its services. In addition, it provides the firm with the opportunity to discuss new or additional services that may be relevant to the client.
Annual and mid-contract reviews are an important mechanism for providing feedback and advice to team members and clients with term contracts/programs. In many ways a mid-term review of a contract uses some of the same ideas and tasks that are used when preparing to negotiate a new contract or a renewal. These reviews include an executive summary, a confirmation of receipt form signed by the client, and any written response from the client, and is archived and eventually included in the re-engagement and renewal dossiers that are kept on file for the client or member.
In light of this, we have established policies and procedures for the acceptance and continuance of client relationships and specific engagements. These are designed to provide reasonable assurance that the firm will only undertake or continue relationships and engagements where it:
The following statement(s) establishes the guidelines and procedures for expansion, extension, or reactivation of a PBG account.
With regard to the integrity of a client, matters which the firm should consider include, for example:
The firm will obtain the information it considers necessary when deciding whether to continue an existing engagement, and when considering accepting a new engagement with an existing client.
A Mid-Term Review is typically conducted halfway through the initial term of your contract and is primarily used to determine how your project as well as the partnership with PBG is progressing. Understanding the timeline, key deliverable dates, responsibilities, and measurements are all critical to ensuring that both parties are getting the benefit of the partnership.
To refer friends to PBG under this program you must be on an eligible PBG or Lifestyle Membership Program remain in good standing in that program throughout the referral process.
If you're in an eligible program, you can make referrals by submitting your nomination at https://pierrebrandinggroup.com/refer-a-member
To redeem a referral you must access the referral email sent via the email provided by the person who nominated you and complete the form to see what business or branding program you qualify for. To be eligible you must not have been a customer of PBG within the last 365 days. You must complete the questionnaire, accept your proposal and open a PBG account and activate at least one block of business or Branding service and maintain your account in good standing for at least 90 days. You have 15 days to complete your after registering and accepting the referral.
Refer-A-Member rewards are granted on a per account basis, regardless of number of programs, projects, phases, or blocks of time on the account.
PBG may suspend, change, or cancel this program at any time, without notice. PBG reserves the right to suspend or terminate any customer's participation in the Refer-A-Member program for fraud, abuse, misuse, harassment, or other inappropriate or suspicious activity
Gift cards will be sent electronically to your registered email approximately 90-120 days after the referred account purchased a program. The referred account must remain active for at least 60 days.*
*Valid for paid, and in good standing, US accounts only. Non-US accounts, please contact us to arrange payout through PayPal. Non-US accounts payments are at our discretion, and only eligible for referrals made in the 90 days prior to sending us your PayPal information.
Referral rewards are paid via Virtual Amazon Gift Card. You can receive up to $500 in referral rewards each year.
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