Snell Branding & Creative
Last Updated December 13, 2023.
These Terms of Use (“Terms”) are a legal agreement between you and Snell Branding & Creative, LLC. (“SBC,” “we,” “us,” or “our”) and the user of Snell Branding & Creative Services (as hereinafter defined) (“you” or “your”). We make our
website https://snellbranding.com (“Website”) available in order to provide you with information about our company and also so that you can order our services. Your use of the Website, any related mobile applications, our owned and operated social media channels, and any services we provide in connection therewith, (collectively, the “Services”), are subject to these Terms. BY USING THE SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY FOUND ON OUR WEBSITE. If
you do not want to be bound by these Terms or the Privacy Policy, do not use the Services.
These Terms include: (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US.
We may occasionally update these Terms. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, we will post the updated Terms on
the Website and we may also send emails to our subscribers containing a link to the revised Terms or provide alternative notice of changes to the Terms in our discretion. It is your responsibility to check these Terms for changes prior to use of the Services. Your continued use of the Services after we post an update to these Terms indicates your acceptance of the updated Terms.
The owner of the Services is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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Membership and account security.
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A dental clinic may only create one (1) customer account on the Site unless otherwise authorized by us. By using this Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet the requirement, you must not access or use the Website. When you choose to create an account on our Website, you agree you are responsible for maintaining the confidentiality and security of your account by, among other things: (i) ensuring that your registration details are true, up to date, and accurate;
(ii) not sharing your password, letting anyone else access your account, transferring your
account to any other person, or taking other actions that might jeopardize the security of your account.
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You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding your use of our Services. We reserve the right in our sole discretion to disable or terminate your account in our sole discretion for any and no reason, including if, in our opinion, you violate these Terms.
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When you visit the Website and send SMS text messages, e-mails to us, or online chat with us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. All communications are governed by our Privacy Policy found on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services , you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account. You understand that you are not required to provide this consent as a condition of purchasing any Services from us. You also understand that you may opt out of receiving text messages from us at any time, by contactingtsnell@snellbranding.comor by replying “STOP” to any text messages received from us.
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Content and links.
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The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by or otherwise through the Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.
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Unless otherwise noted through the Services, Snell Branding & Creative name, trademark, service mark and logo and all related names, logos, Service names, designs and slogans (“Marks”), the Services, and all Content are protected under copyright, trademark, and other intellectual property laws. You agree that Snell Branding & Creative and/or its licensors own all right, title and interest in and to the Marks, Content and Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Marks, Services and Content including, without limitation, the exclusive right to create derivative works. You may view and use the Content only for your personal information and for using the Services, and for no other purpose, including but not limited to, any commercial purpose, and you shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other
person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
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Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by Snell Branding & Creative of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Services or by us, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
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Services access.
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Snell Branding & Creative hereby grants you a limited right to access and make business use of the Services. However you may not download (other than page caching) or modify the Services, or any portion of them, except with our express prior written consent. This access right does not include: any resale or commercial use of the Services, including the Website or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of the Services, including the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non-profit purpose without our express written consent.
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You may not frame or utilize framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Services without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or any Marks without our express prior written consent. Any unauthorized use terminates the permission granted herein. Any violation of these Terms may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
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You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Website, (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iii) to transmit, or procure the sending of, any advertising or promotional material, except as specifically provided for herein or without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (iv) to impersonate or attempt to impersonate Snell Branding & Creative a Snell Branding & Creative employee,
another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing), (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Snell Branding & Creative or users of the Website, or expose them to liability, (vi) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, (vii) with any device, software, or routine that interferes with the proper working of the Website, (viii) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (ix) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or (x) in any way that otherwise attempts to interfere with the proper working of the Website.
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Subscriptions, Renewals and Cancellations.
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Recurring Subscription Payments. When you sign up to one of our subscription plans, you will be subscribed to recurring orders of Services from us. Our subscription plan consists of recurring periodic charges at the intervals referenced. You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation of your subscription. We may submit periodic charges for fees due under your subscription without further authorization from you until you cancel your subscription. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of your subscription, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
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Automatic Renewal and Cancellation. You agree that if you purchase a subscription for our Services, your subscription will automatically renew at the subscription period frequency referenced in your account, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription at least six (6) days prior to the start day of the delivery window indicated in your account by doing the following: in your account under my profile page, subscription section at the bottom of page, provided that any subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part. If you cancel your subscription, you will continue to enjoy your subscription benefits until the expiration of the then-current subscription term for which you have paid, and your subscription benefits will expire at the end of the then-current subscription term.
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Services, Orders, Delivery, Pricing and Payment.
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Pricing Changes. Service pricing will be as quoted from time to time, and may not include applicable taxes. We reserve the right to change our subscription plans or adjust
pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. If you have not cancelled your subscription within the specified time after receiving notice of a price change, your subscription will auto-renew at the price indicated in your notice.
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Payments. If you purchase a subscription to our Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your subscription. Payment for all Services must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. You acknowledge and agree that all information you provide with regards to a purchase of our Services, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.
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Credit Card Authorization. You may see credit card authorization holds when you (i) add or update your method of payment, or (ii) purchase a paid, recurring subscription. Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold varies depending on your credit card company’s policies, but generally speaking, this activity appears as a $1 (USD) charge that is released once your credit card is validated. Feel free to contact your credit card company with any questions.
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Order Acceptance; Delivery. Once we receive your order for Services, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. Snell Branding & Creative reserves the right, in its sole discretion to accept or decline your order, cancel your subscription or order, or limit Service quantities for any or no reason. If we cancel an order after you have already been billed, then we will refund the billed amount. [For most orders, you will be charged at the time your order is placed. In the event of cancellation, Snell Branding & Creative will refund your payment.] Title and risk of loss for any purchases of Services pass to you upon our delivery to our carrier. All Service orders are delivered via the email you provided when creating an account.
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All Services are for your use only. You may not resell any of the Services that you purchase or receive from us.
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All Services are subject to availability. Snell Branding & Creative reserves the right to modify the items offered via the Services at any time. If a Service is not available, you will be notified, and you may choose to order a different Service that is then-currently available, to wait until the Service is available (if it will be available again in a timely manner) or to cancel your order. Snell Branding & Creative shall not be liable if Services are not available. If a Service is listed at an incorrect price or with incorrect information due to typographical
error or otherwise, we reserve the right to not process or to cancel any orders placed for such Service.
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We may change our Services, in our sole discretion, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. Pursuant to applicable law and regulatory requirements, we will advise you if there is likely to be any significant difference in the Services.
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Exclusivity
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In General. Our Services are exclusive to one general dental clinic per city. Dental professionals such as pediatric dentists, orthodontists, endodontists, oral surgeons, periodontists are not considered a general dental clinic and are therefore noncompeting. Therefore, one clinic in each dental professional category listed above may also be offered our Services. The few cities with a population over 1,000,000 may be divided into area’s with a population of 600,000 or more. Each area may then have one general dentist as well as one in each dental professional category above may be provided our Services.
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Adjacent Cities. If the city where your clinic is located has already been reserved by a competing general dental clinic, you may not reserve an adjacent city in which you are not located in order to get our Services for such clinic. If you are able to reserve the city in which your general dental clinic is located, you are then permitted to reserve adjacent cities if you would like to expand your presence.
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Multi-Location Practices. Practices with multiple locations, may subscribe to any city in which they have a location. In order to obtain complete exclusivity in each of your clinic locations, you must register and reserve each location’s city. Where a competing general dentist has already reserved a city in which one of your clinics is located, you may not use our Service in such city.
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Fair Play. Snell Branding & Creative reserves the right to cancel any subscription where a general dental clinic is bending our violating the intent of these exclusivity rules.
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Disclaimer and limitation of liability.
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GENERAL DISCLAIMER. SNELL BRANDING & CREATIVE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING THE AVAILABILITY OF THE WEBSITE COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. SNELL BRANDING & CREATIVE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ANY REFERRAL LINKS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR THE AVAILABILITY OR QUALITY OF ANY SERVICES. THE FOREGOING DISCLAIMERS ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES. Please note that
some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
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LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SNELL BRANDING & CREATIVE, ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF BUSINESS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF THE SERVICES, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF SNELL BRANDING & CREATIVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SNELL BRANDING & CREATIVE, ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, EXCEED THE FEES ACTUALLY PAID BY YOU TO SNELL BRANDING & CREATIVE IN THE THIRTY DAYS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
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Indemnification.
You agree to defend, indemnify, and hold harmless Snell Branding & Creative, its suppliers and its and their affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Services, your negligence or willful misconduct or your violation of any applicable law or third-party right. You are solely responsible for interactions with other users of the Services.
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Arbitration.
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Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
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No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
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Arbitrator and Rules. The arbitration will be conducted before a neutral single
arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
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Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: tsnell@snellbranding.com. We will send any notice of dispute to you at the contact information we have for you.
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Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
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Limitation Period. In no event shall any claim, action or proceeding by you or Snell Branding & Creative be instituted more than one (1) year after the cause of action arose.
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Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Snell Branding & Creative each agree to the exclusive jurisdiction of the federal and state courts located in Washington County, Minnesota, and you and Snell Branding & Creative each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
- Class Action Waiver.
To the fullest extent permitted by applicable law, you and the Snell Branding & Creative each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Snell Branding & Creative each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
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General provisions.
11..1 Termination. If you breach any of the terms of these Terms, all rights granted to you by us, including permission to use the Services, will terminate automatically. Additionally, we may suspend, disable, or cancel your subscription and/or account with or without notice, for any or no reason. If we cancel your subscription or account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of your subscription, the Services or these Terms by Snell Branding & Creative or you. Termination will not limit any of our other rights or remedies at law or in equity.
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Injunctive Relief. You agree that your breach of these Terms will cause irreparable injury to Snell Branding & Creative for which monetary damages would not be an adequate remedy and Snell Branding & Creative shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
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Notices. We may give notice to you by means of a general notice on the Website, electronic mail, through your account, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or through your account). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email
to tsnell@snellbrandin.com. Please specify the reason for the email in the subject line..
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Miscellaneous. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Snell Branding & Creative but may not be assigned by you without the prior express written consent of Snell Branding & Creative. Any attempt by you to assign these Terms without the written consent of Snell Branding & Creative shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. Except for any payment obligations hereunder, in the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and Snell Branding &
Creative agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of Minnesota, excluding its conflicts of law rules, govern these Terms and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
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California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
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Contact Us. If you have any questions regarding these Terms or the Services please contact us at 7855 44th St Ct N, St. Paul, MN 55128 or tsnell@snellbranding.com, or by phone at 612-300-8318.