THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Daniel Whisnant, a limited liability company organized under the laws of the state of Tennessee (“Daniel Whisnant”) and the client, whether personally or on behalf of an entity (“Client”). This Agreement concerns the access and use of Daniel Whisnant’s website: https://www.danielwhisnant.com (the “Website”) and any related forms of media, channels, mobile websites, or mobile applications. Failure to agree and adhere to all terms, conditions, and obligations herein prohibits the Client from using the Website. Discontinuation of the Website’s use is mandatory, after which any relationship between Client and Daniel Whisnant will cease. However, Client obligations to pay Daniel Whisnant for rendered services remain intact. 

1. Intellectual Property Rights

Unless specified, the Website is Daniel Whisnant’s property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and the trademarks, service marks, and logos therein (the “Marks”) are owned and controlled by Daniel Whisnant, protected by copyright, trademark, and other intellectual property laws. The Content and Marks are for informational and personal use only. No part of the Website or Content may be exploited for commercial purposes without Daniel Whisnant’s express written permission. All rights in the Website, Content, and Marks are reserved by Daniel Whisnant.

2. Ownership of Materials

Despite Daniel Whisnant’s ownership of Submissions as described in Paragraph 4 (“Client Feedback”), all design and original source files for the Client (“Projects”) belong to the Client. Client shall own the copyright for all Projects. If, for any reason, any Project ownership falls to Daniel Whisnant rather than the Client, Daniel Whisnant irrevocably assigns its interest in the Project to the Client. Client guarantees that materials provided to Daniel Whisnant are Client-owned and don’t infringe on third-party rights. Daniel Whisnant reserves the right to showcase the Client’s design work publicly unless otherwise agreed, as detailed in section 18.

3. Third-Party Fonts

If a Project uses fonts not owned by Daniel Whisnant, requiring a commercial license for legal reproduction or public display, Daniel Whisnant will notify the Client. The Client assumes responsibility for obtaining the necessary licenses for any Third-Party Fonts used.

4. User Representations

By accessing the Website, the Client confirms that they can legally adhere to these Terms of Use, are of legal age in their domicile, will access the Website without automation, will not misuse the Website, and will abide by all relevant laws and regulations.

5. Prohibited Activities

The Client must only use the Website for its intended purpose. Commercial endeavors unrelated to Daniel Whisnant’s services are prohibited. Activities that may harm Daniel Whisnant or the Website or breach any applicable regulations are forbidden.

6. Client Feedback

Daniel Whisnant owns all feedback or submissions (“Submission”). Client feedback is non-confidential, and Daniel Whisnant has unrestricted rights to use any Submission, subject to the terms herein.

7. Management and Oversight

Daniel Whisnant can monitor the Website for violations of these Terms of Use and take appropriate actions. Daniel Whisnant may also restrict or deny Website access at its discretion.

8. Privacy Policy

By using the Website, the Client agrees to Daniel Whisnant’s Privacy Policy. The Website is hosted in the USA. Continued use implies consent to data processing in the USA. Daniel Whisnant doesn’t knowingly collect information from individuals under 18.

9. Returns and Refunds

Refunds are at Daniel Whisnant’s discretion. If a refund is deemed appropriate during the first month, the Client can’t use any materials produced by Daniel Whisnant. Refund-related legal actions may be pursued by Daniel Whisnant if needed.

10. Modification

Daniel Whisnant may change or discontinue any part of the Website without notice and without liability to the Client.

11. Connection Interruptions

Daniel Whisnant does not guarantee or warrant that the Website will be available and accessible at all times. Interruptions, delays, or errors beyond Daniel Whisnant’s control may arise due to issues with hardware, software, or other items. The Client acknowledges that Daniel Whisnant will not be held responsible for any damage, loss, or inconvenience caused by the Client’s inability to access or use the Website during any service or connection disruption.

12. Governing Law

These Terms of Use are to be interpreted and enforced under the laws of the State of Tennessee, without considering its conflict of law principles.

13. Litigation

All legal actions of any kind will be carried out in the state courts of Washington County, Tennessee or in the United States District Court for the District of Tennessee. The parties involved hereby grant these courts personal jurisdiction over them and relinquish any defenses related to lack of personal jurisdiction or unsuitability of venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are not applicable to these Terms of Use.

14. Disclaimer

The Website is accessible on an “as-is” and “as-available” basis. By using the Website and Services, the Client agrees to bear all risks. Daniel Whisnant disclaims any warranty, whether explicit or implied, in relation to the Website and its use by the Client. This includes, but isn’t limited to, warranties of merchantability, suitability for a particular purpose, and non-infringement. Daniel Whisnant does not guarantee the accuracy, completeness, or correctness of the Website, its content, or any associated sites. Daniel Whisnant isn’t responsible for unauthorized access to its secure servers, interruptions in transmissions, or any potential malware transmitted via third-party sources. Daniel Whisnant does not endorse or assume responsibility for third-party advertisements or services.

15. Limitations of Liability and Indemnification

Neither Daniel Whisnant nor its affiliates, employees, directors, or agents will be responsible for any damages or losses the Client or a third party might incur due to the use of the Website. The Client pledges to protect and hold Daniel Whisnant harmless from any loss, damage, or demands, including legal fees, resulting from Website use, any violation of these Terms of Use, or infringement upon third-party rights.

16. User Data

The Client is responsible for any data they upload or activities they conduct on the Website. Daniel Whisnant will not be held liable for any data loss or corruption, and the Client relinquishes any claims against Daniel Whisnant pertaining to such issues.

17. Electronic communications, transactions, and signatures

By using the Website, the Client consents to receive electronic communications from Daniel Whisnant. The Client accepts that electronic documents, notices, and signatures hold the same legal status as their non-electronic counterparts.

18. Showcasing Design Work

Daniel Whisnant reserves the right to display design projects on online platforms unless a prior agreement states otherwise. The Client can request a Non-Disclosure Agreement (NDA), which would restrict Daniel Whisnant from publicizing the Client’s work.

19. Miscellaneous

These Terms of Use, alongside any policies displayed on the Website, form the entire understanding between the Client and Daniel Whisnant. A failure by Daniel Whisnant to enforce any part of these Terms of Use doesn’t constitute a waiver of that provision.

20. Contact Information

For any inquiries or complaints regarding the Website, kindly contact Daniel Whisnant at: