Terms of Service

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1.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE LOCATED AT https://collectiveinnovaition.ai/ AND YOUR PURCHASE OF SERVICES THEREON. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT OBTAIN SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH COLLECTIVE INNOVAITION, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of services through https://collectiveinnovaition.ai/ (the “Site”). These Terms are subject to change by Collective Innovaition, LLC (referred to as “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for services through this Site.

2.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3.

Prices and Payment Terms.

  1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept approved credit cards through Stripe for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.[Terms of payment are within our sole discretion. Invoices are due and payable within ten (10) days after receipt. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.]
4.

Limited Warranty.

  1. We warrant to you that we shall perform the services purchased through the Site using personnel of required skill, experience, AI software and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet our obligations under these Terms.
  2. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 4(a), WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
  3. We shall not be liable for a breach of the warranties set forth in Section 4(a) unless: (i) you give written notice of the defective services, as the case may be, reasonably described, to us within three (3) days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 4(a) to examine such deliverables; and (iii) we reasonably verify your claim that the services and/or the deliverables thereunder are defective.
  4. With respect to any services subject to a claim under the warranty set forth in Section 4(a), we shall, in our sole discretion, (i) repair or re-perform the applicable services or (ii) credit or refund the amounts paid by you for such services.
  5. THE REMEDIES SET FORTH IN SECTION 4(d) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH IN SECTION 4(a).
5.

Limitation of Liability.

  1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  2. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES SOLD THROUGH THE SITE.
6.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, https://collectiveinnovaition.ai/privacy-policy/, governs the processing of all personal data collected from you in connection with your purchase of services through the Site.

7.

Force Majeure.

  1. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such party’s (the “Impacted Party”) failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemic, pandemic or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order (including quarantine order), law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party.
  2. The Impacted Party shall give notice within five (5) business days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consequtive days following written notice given by it under this Section 7, either party may thereafter terminate this Agreement upon ten (10) days’ written notice.
8.

Intellectual Property Rights. You acknowledge and agree that:

  1. Collective Innovaition, LLC, and its licensor(s) are and will remain the sole and exclusive owners of all rights in and to each service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademark and other intellectual property rights, subject only to your rights in the Deliverables set forth in Section 8(b) below.
  2. In the event of cancellation prior to the completion of the two-year term stipulated in the website development agreement, the client shall be liable to fulfill the remaining financial obligations, amounting to $50 per month, until the conclusion of the aforementioned two-year period. This obligation is essential for the transfer of full ownership rights of the website to the client. This clause is designed to ensure that the service provider is adequately compensated for their efforts and expenses incurred during the development process, notwithstanding early termination of the contract by the client.

    Furthermore, all intellectual property rights, encompassing copyrights, patents, trademarks, trade secrets, and other related rights, in and to all documents, work product, and other materials generated for the client during the provision of services (collectively referred to as the “Deliverables”) shall be owned by the client. It is acknowledged that any Deliverables qualifying as ‘work made for hire’ under 17 U.S.C. § 101 are deemed as such for the client. To the extent that any Deliverables do not fall under the ‘work made for hire’ category, the service provider hereby irrevocably assigns all rights, title, and interest worldwide in and to the Deliverables, including all associated Intellectual Property Rights.

    The service provider retains sole and exclusive ownership of all rights in and to any and all documents, data, know-how, methodologies, software, and other materials provided by or utilized by the service provider in connection with the services, including those developed or acquired prior to the commencement or independently of the services (referred to as the “Pre-Existing Materials”), along with all Intellectual Property Rights therein. The service provider grants the client a limited, non-transferable, non-sublicensable, worldwide license to use, perform, display, execute, reproduce, distribute, and transmit any Pre-Existing Materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Deliverables. All other rights in and to the Pre-Existing Materials are expressly reserved by the service provider.

  3. Liability. You represent and warrant that all information and materials You supply to Us shall be accurate and shall not infringe any rights of any third party. We disclaim all responsibility for content or accuracy of such information and materials and Our use of them (unless the claim is based on Our unauthorized use of or material changes to such information and materials). You shall indemnify and hold Us harmless against any and all loss and liability resulting from any claims based on or arising out of Our authorized distribution of the information and materials You provide to Us to the press and public related to You and Your clients.

  4. Confidentiality. We acknowledge Our responsibility, during the Term and for a period of two (2) years thereafter, to preserve the confidentiality of any proprietary information You disclose to Us on or after the Effective Date and during the Term. This includes all information disclosed by You about Your present or planned operations, business or prospects, and any other like information that You identify as confidential. We will protect such confidential information as We protect Our own confidential information, shall use it only in connection with the activities contemplated by this Agreement, and shall disclose it to our employees and/or contractors only on a “need to know” basis to those who have agreed to maintain its confidentiality. We will commit to remain industry exclusive for the entire term of this agreement and renewals up until the time of termination. In the event this Agreement is terminated, the obligations of this paragraph shall remain in full force and effect for a period of two (2) years from the date of such termination.

    Confidential information does not include information that: (a) becomes available to the public or passes to the public domain through no fault or action of Us; or (b) We acquire through sources or means wholly outside and totally unconnected with the performance of the services.

9.

Governing Law and Jurisdiction.

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Indiana.

10.

Waiver of Jury Trials and Binding Arbitration.

  1. YOU AND COLLECTIVE INNOVAITION ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
  2. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
11.

Assignment.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

12.

No Waivers.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Collective Innovaition, LLC.

13.

No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

14.

Notices.

  1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
  2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Collective Innovaition, 9810 Westpoint Drive Ste 200, Indianapolis, IN, United States, Indiana. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
15.

Severability.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

16.

Entire Agreement.

Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.