Terms and Conditions | Web Canopy Studio

Updated May 01, 2022

The webcanopystudio.com website, associated services, content (collectively “Website”, “we”, “our”, “us”) is owned and operated by J. Aikin Design, Inc., d/b/a Web Canopy Studio (“Web Canopy Studio”), an Indiana Corporation. Web Canopy Studio has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

WEB CANOPY STUDIO MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT WEB CANOPY STUDIO MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT. IF YOU PURCHASE SERVICES FROM OUR WEBSITE, THE AGREEMENT EFFECTIVE AT THE TIME OF PURCHASE SHALL CONTROL.

Definitions

As used in this Agreement:

Member(s) means any individual that registers to utilize the Website’s offerings.
Member Profile means a Member’s log in page in which they can include information about themselves and request information.
User means both Members and Visitors.
Visitor(s) means any individual that accesses the Website’s free features without creating a Member Profile for the Website services.
You/Your means any User of the Website.

About The Site

Web Canopy Studio offers Inbound Marketing Services and Website Development together with other services identified on the website. Web Canopy Studio may also provide relevant content on these topics and also various social media platforms which are not part of the site but may be accessed by links provided by the site or contact you with your permission. Web Canopy Studio makes no warranty or guarantee regarding the information provided on the website or as to the qualifications or accuracy of any user that uses this website. The information on the site or provided to you at your request is for informational purposes and should not be relied upon as professional advice but is simply information.

Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.

You warrant and represent that any and all information that you provide to Web Canopy Studio and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Web Canopy Studio makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Ownership of Website and License

You acknowledge and agree that Web Canopy Studio is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Web Canopy Studio.

Web Canopy Studio hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Web Canopy Studio, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Web Canopy Studio.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all Web Canopy Studio marks are the property of Web Canopy Studio, including, but not limited to WEB CANOPY STUDIO, and all Web Canopy Studio logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Web Canopy Studio. You are prohibited from using Web Canopy Studio’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Web Canopy Studio.

Member Registration; Member Profiles; Termination

To become a registered Member of any of our programs, you must purchase or be granted access by Web Canopy Studio.

When creating a Member log in, Members are agreeing to receive email notifications from Web Canopy Studio. The email notifications from Web Canopy Studio contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Website’s Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information. Member information will be used consistent with the Privacy Policy. Web Canopy Studio does not endorse you or discriminate based upon any information provided by Members or made available through Member Profiles.

Members have a duty to ensure that the information provided through their Member log in and Profile is truthful, current, complete, and accurate. Members understand and agree that they have an ongoing duty to update and keep current the information provided through their account if and when that information changes. Members are expressly prohibited from creating a Member Profile that is false or misleading, impersonates another person, or otherwise violates the rights of a third party. Members expressly agree that they will not use their Member Profile to interfere with or disrupt a third party’s enjoyment and use of the Website. Web Canopy Studio reserves the right to restrict access to, monitor, suspend, disable, or delete Member Profiles at any time, in its sole discretion, and without prior warning.

Members agree to keep their Member Profile secure from unauthorized access. Members will log in using their username and password. Members should not to reveal their passwords to others. Members agree that they alone are responsible for their Member Profile and all associated interactions. Members accept full responsibility for any and all use of their Member Profile, whether authorized or unauthorized. In the case of unauthorized access to a Member’s Member Profile, they agree to contact Web Canopy Studio immediately. Members agree to hold harmless and indemnify Web Canopy Studio for any damages that arise out of or in relationship to the use of their Member Profile.

If Members cancel their account, Web Canopy Studio is under no obligation to preserve their data for any length of time and will not be responsible for any loss of data. Web Canopy Studio is under no obligation to provide Members with the data associated with their Member Profile after cancellation of their Account, except as otherwise provided in the Privacy Policy. Web Canopy Studio recommends that Members maintain their own backup of their Member Profile.

Members may terminate their Account by accessing the Member Account details in their membership profile.

Paid Services You Purchase from Web Canopy Studios

The following terms apply to those Users who purchase and pay for services through this Website, and are in addition to the other terms in this terms of use policy. The terms in this Section for the Purchase of Services shall control any seemingly or arguably inconsistent terms elsewhere in these terms for those Users who purchase our services.

Services. Web Canopy shall provide the services as described on the order and purchase page for each particular service offering (the "Services").
Web Canopy’s Obligations. Web Canopy shall provide the Services in a timely manner.
Customer’s Obligations. Customer shall:
1. Cooperate with Web Canopy in its provision of the Services and timely provide Web Canopy with the information and materials requested by Web Canopy as required.
2. Not share login information, call-in numbers, passwords, or protected links with anyone outside Customer’s organization.
Fees and Expenses.
1. In consideration of the provision of the Services by Web Canopy and the rights granted, You shall pay a non-refundable fee indicated on the order and purchase page in advance of the provision of the Services.
2. Web Canopy reserves the right to seek reimbursement from Customer, and Customer shall reimburse Web Canopy if Web Canopy receives any chargeback from the payment method used by Customer.
Limited Warranty and Disclaimer.
1. Web Canopy warrants that it shall provide the Services:
  1. In accordance with the terms and subject to the conditions set out for each described service you purchase.
  2. Using personnel of commercially reasonable skill, experience, and qualifications, but in the provision of services offers no professional, legal, medical or financial advice.
  3. The level of your success depends on a multitude of factors outside the control of Web Canopy and therefore Web Canopy makes absolutely no warranties or guarantees concerning your results from your use of the Services.
2. SERVICE PROVIDER MAKES NO REPRSENTATIONS OR WARRANTIES RELATED TO THE SERVICES EXCEPT FOR THAT PROVIDED IN SECTION 5.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. NO REPRESENTATIONS OR WARRANTIES ARE VALID UNLESS EXPRESSED IN WRITING IN THESE TERMS.
Intellectual Property.
1. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, services and other materials that are delivered to You or prepared by or on behalf of Web Canopy in the course of providing the Services, except for any Confidential Information of Customer or customer materials, shall be owned by Web Canopy. Web Canopy hereby grants Customer a license to use all Intellectual Property Rights in the materials provided free of any additional charge and on a non-exclusive, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Services.
2. Customer is solely responsible for ensuring that any materials provided by Web Canopy are not inadvertently or intentionally provided to anyone outside Customer’s organization.
Confidentiality. From time to time during the provision of our services either Party (as the "Disclosing Party") may disclose or make available to the other Party (as the "Receiving Party"), non-public, proprietary, and confidential information comprising or relating to Intellectual Property Rights, trade secrets, third-party confidential information, and other sensitive and proprietary information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within five (5) days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 7; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement.

If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy. For purposes of this Section 7 only, Receiving Party's Group shall mean the Receiving Party's affiliates and its or their employees, officers directors, attorneys, accountants, and financial advisors.

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Prohibited Uses

Members expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, and/or treaty to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, Members are prohibited from:

Using a robot, spider, scraper, or other automated technology to access the Website;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
Attempting to gain access to the private data or personal information of a Website user or third party;
Circumventing Web Canopy Studio’s technological and physical security measures;
Suggesting an affiliation with or endorsement by Web Canopy Studio.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Web Canopy Studio by sending an email to info@webcanopystudio.com.

Mobile Devices
The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Web Canopy Studio is not responsible for any fees or errors that occur while accessing the Website via mobile device.

Third Party Links and Content

You understand that the Website may contain links to third-party retailers, websites, applications, or services that Web Canopy Studio does not own or control. You further understand that the Website may display or otherwise make available third-party content, including product images, pricing and the availability to purchase such items. You agree that Web Canopy Studio will not be held responsible or liable under any circumstance for such content of third party retailers, websites, applications, or services and that Web Canopy Studio’s inclusion of those retailers, websites, applications, or services within its Website does not constitute Web Canopy Studio’s endorsement of, recommendation of, or affiliation with any of those retailers, websites, applications, or services, unless otherwise noted. Web Canopy Studio disclaims any and all representations or warranties as to the quality, availability of, pricing, promotion, safety, fitness for a particular purpose, warranty or otherwise of the items available from third parties. Web Canopy Studio has no control over third parties and does not guarantee the accuracy or appropriateness of these third parties. You understand that utilization of third-party retailers, websites, applications, or services subjects you to that third party’s own Terms of Use and Privacy Policy, of which Web Canopy Studio is not responsible.

No Endorsement

Web Canopy Studio does not endorse or recommend any retailer, commercial product, process, or service, unless otherwise noted. The views and opinions of Members expressed on this Website do not necessarily state or reflect those of Web Canopy Studio and are not intended to be used for advertising or product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Web Canopy Studio may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.

Disclaimer of Warranties

WEB CANOPY STUDIO DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS, ITEMS OR SERVICES PURCHASED ON THE WEBSITE WHEHER FROM WEB CANOPY STUDIO OR OTHERS. WEB CANOPY STUDIO PROVIDES THE WEBSITE AND SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS AND AS-AVAILABLE BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

WEB CANOPY STUDIO WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

Limitation of Liability

WEB CANOPY STUDIO WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS, ITEMS, OR SERVICES OFFERED THROUGH THEIR WEBSITE OR THIRD-PARTY LINKS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, INJURY OR DAMAGES, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT WEB CANOPY STUDIO CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID. IF NO AMOUNT IS PAID BY YOU TO WEB CANOPY STUDIO, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW. IN NO EVENT SHALL WEB CANOPY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WEB CANOPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WEB CANOPY STUDIO IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Web Canopy Studio may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website or other assets.

Governing Law; Jurisdiction; Venue

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Michigan without giving effect to any conflicts of laws principles. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in or nearest Grand Traverse County, Michigan, with venue proper in, Grand Traverse County, Michigan or in the case of federal court in Grand Rapids, Michigan. This Agreement is deemed consummated within the State of Michigan.

Severability

If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

Integration

Web Canopy Studio hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy a constitutes the entire agreement between the parties with respect to the use of the Website and its associated services, products, and mobile applications. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Web Canopy Studio.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of thirteen (13) and Web Canopy Studio will not knowingly collect personally identifiable information from children under the age of thirteen (13). If Web Canopy Studio inadvertently collects such personally identifiable information, Web Canopy Studio will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

WEB CANOPY STUDIO AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WEB CANOPY STUDIO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Web Canopy Studio.

Notice

Any notice required by this Agreement must be in writing, and must be emailed to: info@webcanopystudio.com.