TERMS and CONDITIONS

Welcome to PW Branding, where we turn your vision into reality with innovative and creative design solutions that will exceed your expectations. Throughout this document, the terms “we,” “us,” and “our” refer to PW Branding LLC. The term “the Site” refers to www.pwbranding.com, and the terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Site.

PW Branding LLC specializes in a range of services that empower businesses to establish and elevate their brand presence. Our offerings include assisting in Company Naming, Visual Brand Identity, and Web Design—the essential elements to craft a compelling brand identity.

By accessing and using www.pwbranding.com, as well as all the materials and online services provided by PW Branding LLC, you agree to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and other users of the Site. Please read and understand them before using the Site or Service.

To use our service, you may need to provide personal information, such as your name, email address, username, and password. We require that the registration information you provide to PW Branding LLC is always accurate, correct, and up to date. Impersonation or providing false account information is strictly prohibited. Furthermore, your account must not be used for any illegal or unauthorized purposes, and you must comply with all applicable laws in your jurisdiction.

The Site and Service are to be used for lawful purposes only. By using the Site and purchasing services or products through it, you agree to be financially responsible for all transactions made through your account. You shall not post or transmit any material on the Site that infringes upon the rights of others or is offensive, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable. Conducting any illegal activities or violating any laws while using the service is strictly prohibited.

At PW Branding LLC, we take pride in our creative excellence. As part of our recognition for outstanding work, we reserve the right to place accreditation hyperlinks on the final deliverables. Additionally, we may reproduce, publish, and display these deliverables in our portfolios, websites, galleries, design periodicals, and other media to showcase our professional advancement. We shall be credited with authorship of the deliverables in connection with these uses.

PW Branding LLC offers its Services subject to our acceptance of your order or requests. However, we reserve the right to refuse service to any order, individual, or entity without assigning a specific reason. Acceptance of your order is confirmed upon payment processing. While we may change or discontinue certain aspects or features of the Site or Service, we will fulfill our previous responsibilities to you based on accepted payments.

If you wish to cancel your project within the first 30 days, a cancellion fee of 50% of the total rate will be charged. In case of purchased services, we reserve the right to cancel if you fail to respond within 21 days, with the 50% cancellation fee applying in such situations.

We strive to accurately describe and present our service. However, please note that the Site may occasionally contain errors in pricing or descriptions. We retain the right to refuse or cancel any order with an incorrect price listing.

You shall not upload, post, or make available on the Site any materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of such rights. You are solely responsible for ensuring that your Materials do not infringe upon the rights of others. By submitting Materials to the Site, you represent and warrant that you have the authority to use and distribute them, and their use will not violate any laws, rules, regulations, or rights of third parties.

At PW Branding LLC, we respect your intellectual property rights. You retain copyright and any other rights you rightfully hold in any content you submit through the Site or Service. Any content you submit to PW Branding LLC remains yours, and you agree to hold us harmless from any claims arising from potential or actual copyright or trademark misappropriation or infringement.

The Site and Service contain intellectual property owned by PW Branding LLC, including trademarks, copyrights, proprietary information, and other intellectual property. Without our prior written consent, you may not modify, publish, transmit, create derivative works from, distribute, display, reproduce, or perform any of the Site or Service content or intellectual property. Violating this intellectual property policy may result in immediate removal from the service, without refund.

PW Branding LLC reserves the right to amend these Terms and Conditions at any time. Such amendments are effective immediately upon notice, which we provide by posting the new Terms and Conditions on the Site. Your continued use of the Site or Service after being notified of changes constitutes acceptance of these amendments. We may update any part of the Site and Service, including these Terms and Conditions, at any time, and the most recent versions will be posted on the Site with their effective dates.

By using the Site or Service, you agree that PW Branding LLC shall not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages arising from your use of the Site or Service. This includes damages related to performance failure, errors, denials of service, attacks, interruptions, defects, delays, computer viruses, or other system failures. We are not liable for losses such as revenue, anticipated profits, business, savings, goodwill, or data, and third-party theft, destruction, unauthorized access, alteration, or use of your information or property, regardless of our negligence. In states where the exclusion or limitation of liability for damages is not permitted, our liability is limited to the fullest extent allowed by law. Under no circumstances shall PW Branding LLC’s cumulative liability to you exceed the total purchase price of the service you purchased, and if no purchase has been made, our cumulative liability to you shall not exceed $100.

The Site and Service may include links to third-party websites and resources. Please be aware that we are not responsible or liable for the availability, accuracy, content, or policies of these third-party websites or resources. Any links provided do not imply endorsement or affiliation with PW Branding LLC. You assume all risks and responsibilities for your use of any third-party websites or resources.

You agree to indemnify and hold PW Branding LLC harmless from any and all losses, damages, liabilities, costs, charges, assessments, expenses, and third-party claims resulting from any breach of these Terms and Conditions or your use of the Site or Service. You shall provide us with assistance, without charge, as we may request in connection with any defense, including providing relevant information and documents. Settlement of any third-party claim or waiver of any defense requires our prior written consent.

The headings used in this Agreement are included for convenience only and do not affect the construction or interpretation of any provisions.

This Agreement constitutes the entire Agreement between you and PW Branding concerning the Site and service and supersedes all prior agreements, representations, and understandings. No waiver of any provisions by PW Branding LLC shall be deemed a waiver of any other provision or constitute a continuing waiver. Waivers are only valid when executed in writing by PW Branding LLC.

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to:

PW Branding LLC
Address furnished upon email request.

This Agreement is governed by the laws of the State of New York, applied to contracts executed and performed entirely in New York. Any arbitration or court proceeding based on or arising out of this Agreement shall be exclusively held in the county of Kings, New York. Before pursuing any other legal or equitable remedies, the parties agree to attempt to resolve any dispute, claim, or controversy arising from this Agreement through mediation conducted under the then-current procedures of The CPR Institute for Conflict Prevention & Resolution or any other mutually agreed procedure within thirty (30) days of receiving notice from the complaining party.

In the event that an agreement on a mediator cannot be reached within the specified period, the complaining party shall submit the matter to the American Arbitration Association’s (“AAA’s”) regional office nearest to our primary place of business. The mediation proceedings will take place in the city where our main place of business is situated. Please note that PW Branding LLC reserves the right to establish specific procedures or rules for any mediation through manuals or written communication.

With the aforementioned exception, you and your owner of PW Branding LLC consent to the jurisdiction of the Federal Courts of the United States in the state where our principal place of business is located (currently the State of New York) and to the state courts of the city and county where our main place of business is situated (presently the State of New York, City and County of Kings) in any lawsuit, action, or proceeding arising from or connected to this Agreement or any other dispute between you and PW Branding LLC. You agree that any claims made by you pertaining to such legal actions must be brought within these specified jurisdictions. Additionally, you irrevocably waive any defense regarding an inconvenient forum or lack of personal jurisdiction to maintain such lawsuits, actions, or proceedings.

The successful or prevailing party or parties in any legal action or arbitration brought for the enforcement of this Agreement shall be entitled to recover reasonable attorney’s fees and other costs incurred, in addition to any other relief to which they may be entitled.

If any provision of this Agreement is held invalid, void, or unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

These Terms and Conditions are binding on the parties’ successors and assigns. However, you may not transfer, assign, sublicense, or otherwise transfer your rights and obligations under this Agreement without PW Branding LLC’s prior written consent.