Website Disclaimer

This Website Disclaimer ("Disclaimer") governs your use of moxiecreativestudios.com and any related subdomains, landing pages, and portals we operate (together, the "Site"), owned and operated by Moxie Creative Studios LLC, doing business as Moxie Creative Studios ("Moxie," "we," "our," or "us").

By accessing or using the Site, you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree, please discontinue use of the Site.

The Site is intended for individuals who are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements. By using the Site, you represent that you meet these requirements.

We may revise this Disclaimer at any time without prior notice. The "Last updated" date reflects the current version. Your continued use of the Site constitutes acceptance of any changes.

Content on the Site, including blog posts, guides, case studies, downloadable resources, videos, and social media content, is provided for general informational and educational purposes only.

It reflects our experience and point of view on branding, design, marketing, and business operations. We do not know your specific circumstances, market, budget, or risk tolerance. Nothing on the Site is tailored to your situation, and you are responsible for deciding whether any of it applies to you.

Nothing on the Site constitutes legal, trademark, tax, accounting, financial, or other professional advice, and no attorney-client or other professional relationship is created by your use of the Site.

This applies specifically to the following areas that come up often in creative work:

We do not guarantee any specific business, marketing, revenue, engagement, ranking, or growth outcome from the Site, our content, or our services.

Branding, design, and marketing results depend on factors outside our control, including your market, pricing, offer, timing, execution, budget, competitors, and changes to third party platforms and their algorithms. Any figures, ranges, or examples shown on the Site illustrate what has been possible for specific clients in specific circumstances and are not projections of what you should expect.

Testimonials, reviews, and case studies on the Site reflect the genuine experiences of the individuals and businesses described. They are individual results and are not a promise, warranty, or guarantee that you or anyone else will achieve similar outcomes. Where a person providing a testimonial has received compensation, a discount, or another benefit, we disclose it.

The Site displays work created for our clients. Client names, logos, trademarks, product names, and brand assets shown in our portfolio remain the property of their respective owners and appear for the purpose of identifying and describing work we performed.

Their appearance on the Site does not imply that those clients endorse, sponsor, or are affiliated with any other content on the Site, and it does not grant you any right to use those marks.

All content on the Site that belongs to us, including copy, designs, layouts, graphics, photography, videos, templates, frameworks, methodologies, logos, and trademarks, is owned by Moxie or licensed to us.

You are granted a limited, non-exclusive, non-transferable, revocable license to view and use Site content for your own personal or internal business reference. You may not reproduce, distribute, republish, sell, license, modify, or create derivative works from our content, or use it to train machine learning models, without our prior written permission.

To request permission, email makingmagic@moxiecreativestudios.com. Unauthorized use may result in civil and criminal liability under applicable copyright and trademark law.

Descriptions of our services, packages, timelines, and pricing on the Site are for general information and may change without notice. They do not constitute an offer, quote, or contract.

The scope of any engagement, along with deliverables, timelines, fees, revisions, ownership and transfer of intellectual property in deliverables, licensing of any third party assets, confidentiality, and termination, is governed exclusively by the written agreement signed between Moxie and the client. Where this Disclaimer and a signed client agreement conflict, the signed agreement controls for that engagement.

The Site may link to or reference third party websites, platforms, software, and services. We do not control them and are not responsible for their content, availability, pricing, terms, performance, or privacy practices.

We may participate in affiliate or referral arrangements and may earn a commission if you purchase through certain links. We disclose these relationships where required. We recommend tools we believe in, but we cannot guarantee your experience with them, and you should perform your own due diligence before purchasing.

Where our services depend on third party platforms, we are not responsible for outages, policy changes, account suspensions, feature deprecations, or pricing changes made by those providers.

We may use artificial intelligence tools to support research, drafting, ideation, editing, and production of content on the Site and in the course of our work.

All content is subject to human review before publication or delivery. Even so, AI-assisted content may contain errors, omissions, or missing context. We make no guarantee as to the accuracy or completeness of any such content, and reliance on it is at your own risk. Our client agreements describe how AI tools are used in client deliverables and what you may request that we exclude.

Digital products, downloads, and templates purchased through the Site are non-refundable unless expressly stated otherwise at the point of purchase, because access cannot be returned once granted. Where a product is described as offering ongoing or "lifetime" access, that refers to the period during which we continue to offer the product, not to your lifetime. We may modify or discontinue any product at our discretion.

Fees, deposits, and refund terms for service engagements are governed by the applicable signed client agreement.

We take reasonable care to keep the Site accurate and current, but we do not warrant that it is free of errors or omissions. Content may become outdated, particularly where it references third party platforms, pricing, or best practices. Verify anything you intend to rely on.

The Site and all content on it are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected.

To the fullest extent permitted by applicable law, Moxie and its owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your use of the Site, including lost profits, lost revenue, lost data, or business interruption, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising from or relating to your use of the Site will not exceed one hundred dollars ($100) or the amount you paid us for access to the Site, whichever is greater. Liability arising from a client engagement is governed by the limitation of liability provision in the applicable signed client agreement.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

You agree to indemnify, defend, and hold harmless Moxie and its owners, officers, employees, contractors, and agents from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from your use of the Site, your violation of this Disclaimer, or your infringement of any third party's rights.

You are responsible for maintaining the confidentiality of any login credentials you use to access the Site or any portal we provide, and for all activity under your credentials.

We do not store full payment card numbers. Payments are handled by third party processors under their own security practices and terms. While we take reasonable measures to protect the Site, no online transmission or storage is completely secure, and you accept the inherent risks of transacting online.

Communications you send through the Site, our social media accounts, or public forums are not confidential unless covered by a signed agreement or a separate written confidentiality commitment. Please do not send sensitive or proprietary information through public or unsecured channels.

Feedback, suggestions, questions, comments, reviews, and other unsolicited submissions may be used by us in our business and marketing without obligation to credit or compensate you. This does not apply to confidential materials you provide to us under a signed client agreement.

Our community spaces exist to support respectful, constructive exchange. Harassment, hate speech, discrimination, spam, unauthorized solicitation, and sharing of paid materials outside the community are not permitted. We may remove content and revoke access at our discretion.

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into this Disclaimer by reference.

This Disclaimer is governed by the laws of the State of New York, without regard to its conflict of law principles. You agree that any dispute arising from or relating to the Site or this Disclaimer will be brought exclusively in the state or federal courts located in Monroe County, New York, and you consent to the personal jurisdiction of those courts.

If any provision of this Disclaimer is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will stay in full effect.

Moxie Creative Studios
30 W Broad St, Suite 503
Rochester, NY 14614

Email: makingmagic@moxiecreativestudios.com
Phone: +1 585.649.1717

Please submit questions about this Disclaimer in writing.