Terms of Service

Effective Date: October 8, 2024

Welcome to Brian McRae Studio. These Terms of Service ("Terms") govern your use of our website located at [insert website URL] and any related services provided by Brian McRae Studio ("we," "us," or "our"). By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

1. Acceptance of Terms

By accessing or using our website, you confirm that you have read, understood, and agree to be bound by these Terms, including any additional policies referenced herein, such as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the site.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time, at our sole discretion. Any changes will be posted on this page, and the "Effective Date" at the top of this page will be updated. It is your responsibility to check these Terms periodically for any updates. Your continued use of the website following any changes constitutes your acceptance of the new Terms.

3. Use of the Website

You agree to use the website only for lawful purposes and in accordance with these Terms. You must not:

  • Violate any applicable laws or regulations.

  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the website.

  • Impersonate or attempt to impersonate Brian McRae Studio, its employees, another user, or any other person or entity.

  • Attempt to interfere with the proper functioning of the website, including hacking, introducing viruses, or engaging in other harmful activities.

4. User Accounts

In order to access certain features of our website, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during the registration process.

  • Maintain and promptly update your account information to keep it accurate and complete.

  • Maintain the confidentiality of your account credentials and notify us immediately if you suspect unauthorized access or use of your account.

  • You are responsible for all activities that occur under your account.

5. Account Suspension, Termination, and Removal of Service

We reserve the right, at our sole discretion, to suspend, ban, or terminate any user account or access to services at any time for any reason, including but not limited to:

  • Violations of These Terms: If you violate these Terms of Service or any applicable laws.

  • Inappropriate Behavior: If your behavior toward our staff, other users, or within the community is deemed inappropriate, offensive, abusive, or otherwise harmful.

  • Threatening or Harassing Conduct: We have zero tolerance for threatening, abusive, or harassing behavior, and we reserve the right to remove access to services or content without prior notice in such cases.

In the event of termination or suspension, you will not be entitled to any refunds or compensation for unused services, and access to your account may be permanently disabled.

6. Intellectual Property

All content, design elements, logos, graphics, videos, images, and other materials provided on this website are the intellectual property of Brian McRae Studio or its licensors, unless otherwise indicated. You agree not to:

  • Reproduce, distribute, modify, or publicly display any of the content without prior written consent.

  • Use any of our trademarks, logos, or other proprietary information without explicit permission.

7. Purchases and Refunds

If you purchase any products or services through our website, you agree to pay all applicable fees and taxes. All payments are processed through secure third-party payment providers, and you agree to their terms and conditions as well.

Refund Policy:
All purchases, including digital products and downloadable content, are non-refundable unless otherwise specified. Please review all details of a product or service before making a purchase. If you experience any issues with a product, please contact us at [insert email address].

8. Content Posted by Users

You may have the ability to post or upload content, such as comments, images, or other materials, on the website. By submitting content, you:

  • Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, and distribute your content in connection with the website and our business.

  • Warrant that you own or control all necessary rights to the content and that it does not violate any intellectual property rights or privacy rights of others.

  • Agree not to post any content that is offensive, defamatory, or violates applicable laws.

We reserve the right to remove any content at our discretion and without notice.

9. Third-Party Links

Our website may contain links to third-party websites or services that are not owned or controlled by Brian McRae Studio. We are not responsible for the content, privacy practices, or actions of any third-party websites. You access third-party links at your own risk, and we encourage you to review the terms and privacy policies of those websites.

10. Limitation of Liability

To the fullest extent permitted by law, Brian McRae Studio and its affiliates, officers, employees, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the website or services, even if advised of the possibility of such damages.

We make no guarantees regarding the availability, functionality, or accuracy of the website. The website and its content are provided "as is" without warranty of any kind, either express or implied.

11. Indemnification

You agree to defend, indemnify, and hold harmless Brian McRae Studio, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the website, violation of these Terms, or violation of any third-party rights.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

13. Dispute Resolution and Binding Arbitration

Agreement to Arbitrate

By using this website, you agree that any disputes arising out of or related to these Terms or your use of our website or services will be resolved through binding arbitration, rather than in court, except that either party may assert claims in small claims court if the claims qualify.

Arbitration Process

The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in [insert location] or virtually if agreed upon by both parties. The arbitrator's decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

No Class Action

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to a jury trial or to participate in a class action lawsuit.

Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or halt unauthorized use of intellectual property or confidential information.

14. Termination

We reserve the right to terminate or suspend your access to the website, without prior notice or liability, for any reason, including if you breach these Terms or engage in inappropriate behavior. Upon termination, your right to use the website will cease immediately.

15. Contact Information

If you have any questions about these Terms, please contact us (use form below)