Terms & Conditions

Last Modified January 2020

PLEASE READ THESE TERMS CAREFULLY.
These Terms of Use (the “Terms”) govern your use of and access to Lock n’ Load Marketing and its sub-domains and affiliated sites, as well as Lock n’ Load Marketing, LLC (“Lock n’ Load Marketing” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites).

Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

CLIENT PARTNERSHIP

We are not employees of your company.

All discussions, consultations, paperwork, negotiations, passwords, trade secrets, client information, and personal information are kept in confidence.

Please be assured that any business, client, or personal information provided to Lock n’ Load Marketing, LLC will not be disclosed to any third party, unless by written instruction from you.

Lock n’ Load Marketing, LLC business hours are normally Monday-Friday 8:00 a.m. – 5:00 p.m. MDT, CLOSED Saturday and Sunday. The office is also closed in the evenings as well as on all major holidays.

NOTE: We do not answer text messages or messages on social media on Saturday or Sunday. Please send an email on Saturday or Sunday and, I will respond to your message as soon as I am able.

DISCLAIMER

While every effort is made to ensure accuracy before delivery, final proof-reading and checking of all completed work remains the responsibility of the client. Any errors made by Lock n’ Load Marketing, LLC will be corrected by Lock n’ Load Marketing, LLC.

Lock n’ Load Marketing, LLC is not responsible for any errors found thereafter. If any additional requirements are requested, these will be charged to the client.

DESIGN RIGHTS

I retain the right to use any design work (logos, business cards, flyers, websites, headers, etc.)
in my portfolio and for promotional use unless otherwise written below by you upon signing.

FILE SUBMISSION

2 | The Start-Up Profit Terms and Conditions
Electronic documents (Word, Excel, PowerPoint, pdf, images, etc.) can be received via email,
CD, Google Drive, Dropbox, or other electronic online service both parties agree upon.
Handwritten documents can be mailed, or scanned and emailed. Completed work will be
emailed to you and will be ready for printing, saving, and editing.
TURNAROUND TIME & DELIVERY OF WORK
The amount of time required to complete a task will depend on the work requested and current
workload. Once I receive all of the details for the project(s), I will send you an estimate of how
much time is required.
Completed work is generally delivered by email, however, alternative methods can be discussed
at the completion of the project.
URGENT PROJECTS
Any time you request a project to be completed in less than 24 hours, it will be considered an
urgent project. I will let you know at the time of your request if this is considered an urgent
project.
I cannot guarantee that I can complete your urgent project but, will do my best. If I can
complete your urgent project, you will be billed an urgent project fee. Depending on the amount
of time required to complete the urgent project, I will let you know up front what the set fee will
be. Urgent project fees range from an additional $5 per hour or a flat fee and will not be greater
than $50 per project. If you purchased a block of time, billable hours will be deducted from your
hours and your urgent project fee will be billed on your next invoice.
NOTE: I do not check my email on Sunday. If you request an urgent project, I will
respond to your message as soon as I am able. At that time, I will let you know if I can
complete the project or not.

TERMS & CONDITIONS
We will have a free 1 hour consultation by phone or on Zoom, or other media platform as
discussed. During this time we will discuss what you expect, what I can provide, and the terms
of our agreement. After the Zoom or phone session I will send a follow-up email with what we
discussed and agreed. Let me know within 48 hours of any changes to the follow-up email.
This email will be added to the Terms and Conditions as part of our agreement.
If you are purchasing block hours, you are billed up front and payment is expected upon
receipt of emailed invoice and before any work is started.
When you are close to going over your purchased block of hours, you can either purchase
another set of block hours or be charged at the hourly rate of $55.00.

3 | The Start-Up Profit Terms and Conditions
If you are purchasing per hour, you are billed at the end of each week and full payment is
due upon receipt of the emailed invoice. If an invoice is not paid within 3 business days
of the date it is emailed I will stop all work until I receive payment.
Billable hours are logged in 15 minute increments. Your time is recorded and can be sent to
you by email upon your request at any time. All invoices will include time recorded.
Full payment for Marketing Design projects is also due upon receipt of an emailed invoice
and before any work is released.
Once work has begun on a project and you need to cancel The Start-Up Profit services, you will
be billed for the work completed and any materials used. Payment is due upon receipt of
emailed invoice and before any work is released.
All returned payments will incur a charge of $35.00 or as charged by my banking institution.
Payments must be made in a timely manner and are expected to be received within 15 days of
receipt of email invoice. There will be a late fee of $15 per week for any invoice not paid
within 15 days of receipt of email invoice.
There are no hidden costs or fees. My invoice total will reflect the actual time worked as well as
any expenses. You may be charged for materials if a certain project calls for something as well
as postage for mass mailings and large packages. If your project calls for printing on my end,
you will be charged per page for paper and toner used. You may also be charged for stock
photos if they are needed for your project. I will do my best to notify you before any charges are
incurred that would be charged to you.
If you are a non-profit, an organization or individual involved with education, please send me an
email telling me about your organization and the kind of work you will need done. I’ll get back to
you with a quote.

REFUNDS
If work has not started, a 10% processing fee will be retained by The Start-Up Profit. If work
has began refunds with not be given. If you are not satisfied we will work with you to make it
right.

SITE CONTENT.
Lock n’ Load Marketing exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of education courses, uplifting posts and stories, entrepreneurial training, and personal stories and experiences. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise.

INTELLECTUAL PROPERTY.
Unless explicitly stated otherwise, as between you and Lock n’ Load Marketing, LLC owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Lock n’ Load Marketing and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.

THIRD PARTY RIGHTS.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Lock n’ Load Marketing either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

LINKING TO OUR SITES.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Lock n’ Load Marketing; (ii) present false or misleading information about Lock n’ Load Marketing; or (iii) contains content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

ADVERTISEMENTS AND LINKS.
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Lock n’ Load Marketing of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Lock n’ Load Marketing 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

DISCLAIMER AND LIMITATION OF LIABILITY.

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. LOCK N’ LOAD MARKETING, LLC, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of Utah without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Salt Lake City, Utah.

YOUR COMMENTS AND CONCERNS.
This website is operated by Lock n’ Load Marketing, PO Box 383, Henefer, UT 84033. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: legal@locknloadmarketing.com.

Thank you for visiting the Sites!

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