Terms

Terms and Conditions

Agreement between User and POD Squad

Welcome to the POD Squad web site! The POD Squad is actually comprised of this web site (https://podsquad.design) and two Facebook groups and an accompanying Facebook page (https://facebook.com/podsquaddesign), all operated by Snowbird Marketers/POD Squad (hereafter referred to as the “Sites”). These sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of POD Squad and its accompanying pages and groups constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The POD Squad web sites are e-commerce sites. The purpose of them is to provide information regarding print on demand design, including information about our free and paid design training programs.

Privacy

Your use of POD Squad is subject to Snowbird Marketers/POD Squad’s Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Electronic Communications

Visiting the POD Squad or sending emails to Snowbird Marketers/POD Squad constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Snowbird Marketers/POD Squad does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you may use POD Squad only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

POD Squad may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of Snowbird Marketers/POD Squad and Snowbird Marketers/POD Squad is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Snowbird Marketers/POD Squad is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Snowbird Marketers/POD Squad of the site or any association with its operators.

Certain services made available via POD Squad are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://podsquad.design domain, you hereby acknowledge and consent that Snowbird Marketers/POD Squad may share such information and data with any third party with whom Snowbird Marketers/POD Squad has a contractual relationship to provide the requested product, service or functionality on behalf of https://podsquad.design users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://podsquad.design strictly in accordance with these terms of use. As a condition of your use of the Sites, you warrant to Snowbird Marketers/POD Squad that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, any software used on the Sites, and any text, graphics, logos, or images used in the design of these web sites is the property of Snowbird Marketers/POD Squad or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Snowbird Marketers/POD Squad content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, whether it was given to you free or not, and will make no other use of the content without the express written permission of Snowbird Marketers/POD Squad and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Snowbird Marketers/POD Squad or our licensors except as expressly authorized by these Terms.

Use of This Information and Personal Responsibility

The information contained on these web sites and the resources available for download from Snowbird Marketers/POD Squad are for educational and informational purposes only. This information should not be construed as legal, financial, tax, medical, health, or any other professional advice.

We have done our best to ensure that the information provided on these web sites and the resources available for download are accurate and valuable, but due to the fast-changing nature of the Internet, we cannot guarantee the accuracy of the information. Neither Snowbird Marketers/POD Squad or any of its owners or employees shall be held liable or responsible for any errors or omissions on these web sites or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using these web sites, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use or non-use of the information available on these web sites or the resources available for download from these web sites. You agree to use good judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on these web sites.

You also agree that Snowbird Marketers/POD Squad has not made any guarantees about the results of taking any action, whether recommended on these web sites or not. You recognize that ultimately, success or failure will be the result of your own efforts, your particular situation, and a variety of other circumstances beyond the control of Snowbird Marketers/POD Squad.

Use of Communication Services

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Snowbird Marketers/POD Squad has no obligation to monitor the Communication Services. However, Snowbird Marketers/POD Squad reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Snowbird Marketers/POD Squad reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Snowbird Marketers/POD Squad reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Snowbird Marketers/POD Squad’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Snowbird Marketers/POD Squad does not control or endorse the content, messages or information found in any Communication Service and, therefore, Snowbird Marketers/POD Squad specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Snowbird Marketers/POD Squad spokespersons, and their views do not necessarily reflect those of Snowbird Marketers/POD Squad.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to POD Squad or Posted on Any Snowbird Marketers/POD Squad Web Page

Snowbird Marketers/POD Squad does not claim ownership of the materials you provide to https://podsquad.design (including feedback and suggestions) or post, upload, input or submit to any Snowbird Marketers/POD Squad Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Snowbird Marketers/POD Squad, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Snowbird Marketers/POD Squad is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Snowbird Marketers/POD Squad’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Snowbird Marketers/POD Squad from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Snowbird Marketers/POD Squad Content accessed through https://podsquad.design in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Snowbird Marketers/POD Squad, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Snowbird Marketers/POD Squad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Snowbird Marketers/POD Squad in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SNOWBIRD MARKETERS/POD SQUAD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

SNOWBIRD MARKETERS/POD SQUAD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SNOWBIRD MARKETERS/POD SQUAD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNOWBIRD MARKETERS/POD SQUAD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SNOWBIRD MARKETERS/POD SQUAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Termination/Access Restriction

Snowbird Marketers/POD Squad reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Snowbird Marketers/POD Squad as a result of this agreement or use of the Sites. Snowbird Marketers/POD Squad’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Snowbird Marketers/POD Squad’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Snowbird Marketers/POD Squad with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Snowbird Marketers/POD Squad with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Snowbird Marketers/POD Squad with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Snowbird Marketers/POD Squad reserves the right, in its sole discretion, to change the Terms under which the Sites are offered. The most current version of the Terms will supersede all previous versions. Snowbird Marketers/POD Squad encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Snowbird Marketers/POD Squad welcomes your questions or comments regarding the Terms:

Snowbird Marketers/POD Squad
P.O. Box 124
Ontonagon, Michigan 49953

Email Address:
laura@podsquad.design

Effective as of May 25, 2018