1. Terms and Acceptance
By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Loblolly and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by Loblolly, LLC (“Loblolly”) from its offices within the United States. Loblolly makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
2. IP Ownership / Use License
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Loblolly. Except as expressly permitted by Loblolly, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Loblolly or the copyright owner.
Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
Modify or copy the materials
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
Attempt to decompile or reverse engineer any software contained on Loblolly’s website
Remove any copyright or other proprietary notations from the materials
Transfer the materials to another person or “mirror” the materials on any other server
This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Loblolly at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Loblolly reserves the right to terminate your account at any time for any reason.
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Loblolly’s proprietary rights in them.
The materials on Loblolly’s website are provided “as is”. Loblolly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Loblolly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Loblolly or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Loblolly’s internet site, even if Loblolly or a Loblolly authorized representative has been notified orally or in writing of the possibility of such damage. because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. in no event shall the total liability of Loblolly under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.
5. Revisions and Data Errata
The materials appearing on Loblolly’s web site could include technical, typographical, or photographic errors. Loblolly does not warrant that any of the materials on its web site are accurate, complete, or current. Loblolly may make changes to the materials contained on its web site at any time without notice. Loblolly does not, however, make any commitment to update the materials.
Loblolly has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Loblolly of the site. Use of any such linked website is at the user’s own risk.
10. Fees and Refunds
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Loblolly to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Loblolly to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Loblolly through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Loblolly that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with Loblolly at any time. Upon cancellation, you will continue to have access to the Loblolly services through the end of the then current month. Loblolly may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You may request a refund within the first 14 days of a purchase of any subscription plan under the following conditions:
You did not use the service
You qualify for our Satisfaction Guarantee
Beyond the 14 day window there are no refunds for partial subscription plans under any circumstance, including cancellations and unused time on a plan. Upon cancellation you will have access to our service for the length of your current billing cycle.
11. Ownership, Trademarks & Provided Assets
You own all graphics, models, and files we create during any month paid in full. You will provide all content/copy/design to be used in our designs. You agree that any materials provided are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible for the integrity of all submitted designs. You are responsible that any materials provided can be legally used by our services. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Loblolly that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Loblolly and its affiliates, designers, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
12. Service Abuse
Loblolly is designed for the average, reasonable use of individual entrepreneurs, small teams, small businesses startups without CAD/3D Modeling expertise, resources to carry out such work, or the time necessary to devote to such work. We are not meant to replace a full-time CAD Designer or 3D Modeler – so use your common sense!
If we find that you are not in alignment with our model, core values or are abusing our services or team in any way, including using our services for illegal we reserve the right to cancel your account.
Your right to use the Loblolly services shall terminate upon your breach of any term of this Agreement.
13. Output Files
While we do our best to minimize any mistakes, due to the nature of CAD and 3D Modeling we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Loblolly is not responsible or liable for any losses or expenses incurred from errors or omissions. Further, Loblolly is not responsible for the engineering design, design intent, or engineering intent associated with the CAD or 3D models produced — Loblolly is solely responsible for building the models and/or providing drawings for the design requests submitted.
14. Sample Work
16. Work and Delivery Output
While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
17. Creative Rounds Refined
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received before 7pm MST will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Loblolly staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
18. Review the Knowledge Base
Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of services.
How to contact us
If you have questions or comments about this Terms and Conditions, please email us at email@example.com