Terms of Use

 

BY VISITING AHEADGRAPHICS.COM YOU ARE CONSENTING TO OUR TERMS OF USE.

 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.

 

The terms “we”, “us”, “our” and refers to AHEAD Graphics. The term “Site” refers to aheadgraphics.com. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).

By using the Site, including all illustrations & designs herein and online services provided by AHEAD Graphics, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined).

aheadgraphics.com is a website where Users may purchase art and services, and where Users may purchase online subscriptions (subscription is known as “ArtDrop”) related to business, marketing, sales and services (individually and collectively “Service”).

 

USE OF THE SITE + SERVICE

To access or use the Site and Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are prohibited from using the Site and Service.

Illustrations/Products provided on the Site and in the Service is subject to change without notice.

 

 ACCOUNT CREATION

In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to AHEAD Graphics will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose. You may not, in the use of the Site and Service violate any laws in your jurisdiction. AHEAD Graphics reserves the right to refuse service based on your provision of inaccurate account information.

You are solely responsible for protecting the security and confidentiality of your ArtDrop Subscription. You shall immediately notify AHEAD Graphics of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.

 

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You will be responsible for any activity conducted under your account.

 

REFUSAL OF SERVICE

AHEAD Graphics reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. AHEAD Graphics reserves the right to limit the number of participants and subscriptions. AHEAD Graphics may at any time change or discontinue any aspect or feature of the Site or Service without notice.

 

ORDER CONFIRMATION AND PAYMENT DETAILS

We will email you to confirm the placement of your order and with details concerning product or Subscription delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

PRICING

Once you purchase a subscription, the initial price you purchased at will remain the same even if the price increases after your initial purchase. However, if you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. In other words, your initial purchase price will be grandfathered in as long as you do not cancel your subscription after your initial purchase.

 

MONTH-TO-MONTH PAYING MEMBERS

If you have signed up for a month-to-month ArtDrop subscription, the subscription renews automatically on the first of each month and your credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your credit card is successfully charged and you will get access on the 1st at 12:01 am each month.

 

 

CANCELLATIONS, REFUNDS & RETURNS

All sales of digital products downloadable upon confirmation of purchase are final, including limited-time 30 day premium content, unless otherwise stated in a guarantee.

Subscriptions created will not automatically cancel. You must cancel your subscription before the following billing cycle (billing cycle starts on the 25th of every month) in order to not get charged.

If you would like to cancel a monthly subscription, you may do so at any time, and you will no longer be charged effective the following month. All payments for the current month will not be refunded.

Upon cancellation of a subscription you will continue to have license to all downloaded months purchased prior to the cancellation date.

 

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listed.

 

ARCHIVED MONTHLY ILLUSTRATIONS

Members with an active monthly or annual subscription have access to purchase archived illustrations from previous months. Archived months are not available for purchase without a ArtDrop subscription.

 

OUR INTELLECTUAL PROPERTY

All content provided on the Site and in the Service, including all products and subscriptions are the intellectual property of AHEAD Graphics. The content of the Site and Service are protected by United States trademark, trade dress and copyright law.

If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund, and shall pursue all available legal remedies against you.

 

AMENDMENTS TO TERMS OF USE

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately by us posting the revised Terms of Use on this Site. Your use of the Site and/or Service following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use.. We further reserve the right to update any portion of our Site and Service at any time. We will post the most recent version to the Site and list the effective date.

 

DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE

The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any  product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site, on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.

You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge AHEAD Graphics and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against AHEAD Graphics and all Indemnified Party for any type of injuries and/or damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

 

INDEMNIFICATION

You hereby agree to indemnify, defend and hold AHEAD Graphics and other authorized users (collectively, the “Indemnified Parties“) harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

 

LIMITATION OF LIABILITY

You agree that under no circumstances (including negligence) shall AHEAD Graphics or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if AHEAD Graphics or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall AHEAD Graphics' or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from AHEAD Graphics, and if no purchase has been made by you AHEAD Graphics and the Indemnified Parties’ total liability to you shall not exceed $1.00.

You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

 

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

WAIVER

No waiver of any of the provisions of this Agreement by AHEAD Graphics shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by AHEAD Graphics.

 

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: AHEAD Graphics, 1911 Flesher Avenue., Kettering, OH 45420

 

GOVERNING LAW, VENUE AND MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Montgomery County, OH. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

 

DISCLAIMER/EARNINGS DISCLAIMER

When addressing financial matters at our website, newsletters, products, we have taken every effort to ensure that we accurately represent our product and their ability to grow your business. However, AHEAD Graphics does not guarantee that you will get any results or earn any money using any of our products/illustrations, and nothing on our Site and/or Service is a promise or guarantee to you of future earnings.

 

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE AHEAD GRAPHICS' PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by AHEAD Graphics, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

 Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, nor have they been reviewed tested or certified by other businesses.

There is no guarantee that you will earn any money using the products or illustrations. Examples a the website and other materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, their ideas and techniques.