Agreement between User and Makenzie Rae Creatives.
Welcome to Makenzie Rae Creatives. The Makenzie Rae Creatives website (the "Site") is comprised
of various web pages operated by Makenzie Rae Creatives. makenzieraecreatives.com is offered to
you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the "Terms"). Your use of makenzieraecreatives.com constitutes your agreement to
all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
makenzieraecreatives.com is a Business Site.
To tell people about me and my business as well as show what I offer!
Privacy
Your use of makenzieraecreatives.com is subject to Makenzie Rae Creatives's Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting makenzieraecreatives.com or sending emails to Makenzie Rae Creatives constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Makenzie Rae Creatives does not knowingly collect, either online or offline, personal information
from persons under the age of thirteen. If you are under 18, you may use makenzieraecreatives.com
only with permission of a parent or guardian.
Cancellation/Refund Policy
I just ask for a 2 week notice before cancelling services!
Links to Third Party Sites/Third Party Services
makenzieraecreatives.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of Makenzie Rae Creatives and Makenzie Rae Creatives is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Makenzie Rae Creatives is providing these links to
you only as a convenience, and the inclusion of any link does not imply endorsement by Makenzie
Rae Creatives of the site or any association with its operators.
Certain services made available via makenzieraecreatives.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
makenzieraecreatives.com domain, you hereby acknowledge and consent that Makenzie Rae
Creatives may share such information and data with any third party with whom Makenzie Rae
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Creatives has a contractual relationship to provide the requested product, service or functionality
on behalf of makenzieraecreatives.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
makenzieraecreatives.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Makenzie Rae Creatives that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Makenzie Rae Creatives
or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Makenzie Rae Creatives content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of Makenzie Rae Creatives and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of Makenzie Rae Creatives or our licensors except as
expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Makenzie Rae Creatives account to third party accounts. By
connecting your Makenzie Rae Creatives account to your third party account, you acknowledge
and agree that you are consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third party sites). If you do not want information
about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Makenzie Rae Creatives from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Makenzie Rae Creatives
Content accessed through makenzieraecreatives.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Makenzie Rae Creatives, its officers, directors,
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employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Makenzie Rae Creatives reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with Makenzie Rae Creatives in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Makenzie Rae Creatives agree otherwise, the arbitrator
may not consolidate more than one person's claims, and may not otherwise preside over any form
of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MAKENZIE RAE CREATIVES AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAKENZIE RAE CREATIVES AND/OR ITS SUPPLIERS MAKE NO
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REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MAKENZIE RAE CREATIVES AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MAKENZIE RAE CREATIVES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF MAKENZIE RAE CREATIVES OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Makenzie Rae Creatives reserves the right, in its sole discretion, to terminate your access to the
Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Utah and you
hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Makenzie Rae Creatives as a result of this agreement or use of the Site. Makenzie Rae
Creatives's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Makenzie Rae Creatives's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the Site
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or information provided to or gathered by Makenzie Rae Creatives with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Makenzie Rae Creatives with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between the
user and Makenzie Rae Creatives with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Makenzie Rae Creatives reserves the right, in its sole discretion, to change the Terms under which
makenzieraecreatives.com is offered. The most current version of the Terms will supersede all
previous versions. Makenzie Rae Creatives encourages you to periodically review the Terms to
stay informed of our updates.
Contact Us
Makenzie Rae Creatives welcomes your questions or comments regarding the Terms:
Makenzie Rae Creatives
543 West 2050 North
West Bountiful, Utah 84087
Email Address:
makenzieraecreatives@gmail.com
Telephone number:
8016641621
Effective as of March 16, 2023