Terms of Sale Agreement for Digital Products

Effective Date: December 13, 2022

This Terms of Sale Agreement (the “Agreement") is entered into by and between Mackenzie Dunn Design (referred to as “Seller," “we," or “us") and the purchaser (“Buyer" or "you"). This Agreement governs the sale of digital products and products through the Mackenzie Dunn Design website (the “Website").

ACCEPTANCE OF TERMS
By purchasing digital products from the Website, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, please do not make a purchase.

ORDERS & PAYMENT
Product Availability: Digital products are delivered electronically. We will make reasonable efforts to provide access promptly upon receiving payment. All orders are subject to availability. We reserve the right to cancel an order if availability changes.

Pricing: Prices for digital products are as listed on the Website and are subject to change without notice.

Payment: Payment is required at the time of purchase. 

DELIVERY & ACCESS
Delivery: Access to pre-made digital products will be provided electronically upon confirmation of payment. Orders that require consult and/or information from the Buyer can only be completed after receiving all necessary information from the Buyer.
Once necessary information is received, reasonable efforts will be made to complete and deliver your order within 10 business days.
If the Buyer does not provide all necessary information required within 10 business days of purchase, they forfeit their rights to receive the product purchased.

Access Period: The Buyer will have 1 week from the date of purchase to access and download the digital product. After this period, access may no longer be available.

LICENSING & USE
License: The purchase of a digital product grants the Buyer a non-exclusive, non-transferable license to use the product for personal purposes, as specified in the product description.

Restrictions: The Buyer may not resell, distribute, or sublicense the digital product to third parties.

REFUNDS
Refund Policy: Refunds for digital products will be considered on a case-by-case basis for outstanding circumstances. Otherwise, no refunds will be given for digital products. If you experience technical issues with the product, please contact us within 3 days of purchase.

Non-transferability: Digital product purchases are non-transferable and may not be exchanged for other products.

INTELLECTUAL PROPERTY
Ownership: Mackenzie Dunn Design retains all intellectual property rights to the digital products, including but not limited to copyrights and trademarks.

No Modification: Buyers may not modify, adapt, or create derivative works based on the digital products.

TECHNICAL SUPPORT
We may provide limited technical support for the digital products as specified in the product description. Support is not guaranteed and may be subject to additional fees.

GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

CHANGES TO TERMS
We reserve the right to modify these terms at any time. Any changes will be effective immediately upon posting on the Website.

By purchasing a digital product, you acknowledge that you have read, understood, and agree to be bound by these terms.

Terms & Conditions

LAST UPDATED: December 13, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.mackenziedunndesign.com/ website (the “Service”) operated by Mackenzie Dunn Design LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Mackenzie Dunn Design LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mackenzie Dunn Design LLC.

LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Mackenzie Dunn Design LLC.

Mackenzie Dunn Design LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Mackenzie Dunn Design LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Mackenzie Dunn Design LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

LIMITATION OF LIABILITY
In no event shall Mackenzie Dunn Design LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Mackenzie Dunn Design LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CONTACT US
If you have any questions about these Terms, please contact us.

Privacy Policy

LAST UPDATED: December 13, 2022

Mackenzie Dunn Design LLC (“us”, “we”, or “our”) operates the https://www.mackenziedunndesign.com/ website (the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

INFORMATION COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.

LOG DATA
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.

Do Not Track Disclosure
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.

COMMUNICATIONS
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

COMPLIANCE WITH LAWS
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

SECURITY
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

International Transfer
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the information, including Personal Information, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

LINKS TO OTHER SITES
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN’S PRIVACY
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of October 01, 2020 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.
We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

CONTACT US
If you have any questions about this Privacy Policy, please contact us.

Kibbe Disclaimer

LAST UPDATED: December 19, 2023

Mackenzie Dunn Design LLC (“us”, “we”, or “our”) operates the https://www.mackenziedunndesign.com/ website (the “Service”).

All references made to the Kibbe System within this service are to be used for recreational and educational purposes only. All “typing" done with the Kibbe System is our opinion of your potential body type. I am not affiliated with David Kibbe, who is the intellectual property owner of the image identity system.

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