Terms of Agreement - last updated May 16, 2020

General Provisions

This website is owned and operated by Blueprint Brand Studio ("BLUEPRINT"), a “North Carolina Sole Proprietorship” (hereinafter “we” “us”). Our principal place of business is located at 207 Fulp Farm Road, Kernersville, NC, 27284.

You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

Intellectual Property Notice

Any templates or digital products purchased from the BLUEPRINT Shop are the intellectual property of Caroline Dominguez, BLUEPRINT Brand Studio. While BLUEPRINT does not hold individual ownership over additional content that you may add to our templates, we do retain ownership of all intellectual property in the templates, Bonus Materials, and the BLUEPRINT brand itself, including copyrights, trademarks, service marks, and patents. By granting you access to our templates and Bonus Materials, BLUEPRINT does not grant or transfer to you any other rights, title or interest, other than a limited license. You also do not have permission to remove or alter any intellectual property notices or BLUEPRINT branding that may be contained in our templates or Bonus Materials. 

Intellectual Property Use and Ownership. You acknowledge and agree that:

(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
   
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.

(c) BLUEPRINT Brand Studio {BLUEPRINT} is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.

Single-Use License

BLUEPRINT grants each template package purchaser a single-use license. This license applies to all templates purchased on the www.blueprintbrandstudio.com studio website as well as any Bonus Materials that are included in the package. This license means exactly as it sounds… you may only use the template for your one personal real estate business and the Bonus Materials are only intended to be used by one person, the purchaser. (Team/brokerage leaders, this also means you may not distribute the editable template to your team members or agents). This license is non-exclusive, meaning that other people will be able to purchase our template packages. To be clear, you also cannot resell, lease, duplicate, license, sub-license, redistribute, or offer the template design, or the protected copywriting contained therein, for purchase or free to any third party or marketplace.

Customization & Modifications

You are free to modify and customize my templates to fit your business vision. However, customizations and modifications made to a template will not render the template a separate creation that you are then free to distribute to third parties. This applies to the template design, template copywriting, and any other supportive elements included in your purchase package. Our single-use license will apply to all resulting works that are created based on our templates.

Imagery, Graphics & Fonts

The photographs contained in your template package come from two sources: Unsplash.com, and Lightbulb League. The Unsplash photo license is non-revocable (you are free to use the images forever, without attribution, for personal or commercial purposes) and may be used without restriction of copyright law. Other images contained in your template package have been graciously shared by the owners of Lightbulb League, an online stock photography resource that exists to equip small businesses with quality images to represent their brand. Please visit their website at lightbulbleague.com.

Credit

At BLUEPRINT, we are extremely proud of all the hard work and dedication that has gone into creating our templates. It is important to us that consumers associate the BLUEPRINT brand with the templates we have created. As such, all BLUEPRINT templates include a credit that identifies BLUEPRINT as the creator of the template and links to our website. We would greatly appreciate if this credit remains on the template while you are using it.

Use of Templates for Promotional Purposes

When you purchase and use one of our templates, we will automatically assume that you grant us permission to promote your customized template on our website and social media platforms. Of course, we will always credit your business and provide a link so that others may explore the real estate services you are offering. If you do not want us to promote your website or social media accounts, let us know, and we will use all reasonable and feasible measures to remove the promotion. 

Refunds & Returns

Please Note: We offer NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE including but not limited to ALL website templates, social media and stationery templates, marketing templates, magazine templates, or any other intangible, digital products. ALL SALES ARE FINAL because it is impossible to return a digital product.

If BLUEPRINT Brand Studio (BLUEPRINT) does determine, in its sole discretion, that a “return” may be appropriate for any intangible products from blueprintbrandstudio.com, including again website templates, social media templates, marketing and magazine templates, etc, you expressly recognize and agree that you’re asking for a refund on a product that you already have and cannot physically return. Therefore, you also EXPRESSLY AGREE and understand that if BLUEPRINT Brand Studio (Shop BLUEPRINT} feels generous enough to allow you a "return", they may charge a TWENTY (20%) FEE (the "Penalty Fee") in addition to the price of each item that they can prove you have either opened, downloaded, unzipped or viewed.

If you do wish to return a previously-purchased intangible item and wish to incur the Penalty Fee, you must contact BLUEPRINT Brand Studio, within five (5) calendar days, and the Parties will enter into a separate Agreement.

Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM North Carolina TO North Carolina. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME North CarolinaS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY.

(a) This limited warranty extends only to the original purchaser of products and services from the Site, not to any subsequent or other owner or transferee of the product. This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services you purchased from us. This limited warranty does not cover any damages due to transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty starts on the date of your purchase and lasts for one month the "Warranty Period". The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

(b) With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products. With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services. To obtain warranty service, you must e-mail us [HELLO@BLUEPRINTBRANDSTUDIO.COM] during the Warranty Period.

Indemnificatio

You agree to indemnify and hold BLUEPRINT harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from:

• any breach by you of this Terms of Agreement;

• any third-party claim arising from content that you have customized or added to the BLUEPRINT template, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity; and

• any activity related to your account, unless the activity was caused by the act or default of BLUEPRINT.

Privacy, Cookies, & Data Protection

We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.

International Uses

BLUEPRINT’s services are controlled, operated and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access BLUEPRINT outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose.

Dispute Resolution

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TERMS OF AGREEMENT AND THE TERMINATION OF YOUR BLUEPRINT ACCOUNT.

• Letting Us Know About Complaints

At BLUEPRINT, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that BLUEPRINT has provided, please reach out to BLUEPRINT to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

• Mandatory Binding Arbitration

If any controversy or claim arising out of, or relating to, this Terms of Agreement, BLUEPRINT’s services, our Privacy Policy or any other legal agreement entered into relating to BLUEPRINT, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property.

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against BLUEPRINT to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse BLUEPRINT for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.

• Class Action Waiver

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against BLUEPRINT will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of BLUEPRINT’s services.

Assignment

You are not entitled to assign this Terms of Agreement, in whole or in part, to another person, without the prior written consent of BLUEPRINT. BLUEPRINT reserves the right to assign this Terms of Agreement, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the BLUEPRINT business or assets. However, we will do our best let you know if there has been a substantial change in the ownership of BLUEPRINT.

Survival of Terms Beyond Termination

All provisions in this Terms of Agreement that specifically state or logically ought to survive the termination of this Terms of Agreement, or the termination of a user’s account, will survive such termination.

Waiver & Serverability

No waiver by BLUEPRINT of any term or condition in this Terms of Agreement will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this Terms of Agreement or any other agreement. If any term or condition in this Terms of Agreement is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

Applicable Law & Jurisdiction

Except where otherwise required by mandatory law, this Terms of Agreement as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of North Carolina.

Entire Agreement

This Terms of Agreement represents the entire and exclusive agreement between BLUEPRINT and our users. All previous written and oral agreements and communications related to the subject matter of this Terms of Agreement are superseded.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, email us at hello@blueprintbrandstudio.com.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at hello@blueprintbrandstudio.com