This document is effective as of June 30, 2023.

SECTION 1 – Overview

This website is operated by studio.pebble, an Oregon business in the United States. Throughout the site, the terms “we”, “us,” or “our” refer to studio.pebble. studio.pebble provide various creative services (the “Service” or “Services”) through this website (www.studiopebble.com and related subdomains, the “Website”, “Websites”, “Site”, or “Sites”). All information (the “content”) and Services available from this Website to you (the “user” or “you”) are conditioned upon your acceptance of all terms, conditions, policies, and notices (the “Terms”) stated hereinafter as well as any relevant sections of the studio.pebble Privacy Policy.

  1. Please read these notices, terms, and conditions carefully before accessing our Website or using our Services.
  2. By accessing or using any part of the Website, your acknowledge that you:
    • HAVE READ THESE TERMS,
    • UNDERSTAND THESE TERMS, AND
    • ACCEPT AND AGREE TO BE BOUND BY THEM (including any changes that have been published on this page and our Privacy Policy page).
  3. If you do not agree to all the Terms of this Agreement, then you may not access the Website or use any Services.
  4. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT. Our Privacy Policy governs all of our data and privacy practices and together with these Terms and Conditions constitutes your agreement with us (“Agreement”). You acknowledge that your use of the Services constitutes the use of an electronic signature. Your use of the Services after your initial acceptance, even if these Terms change, demonstrates your continued acceptance of these Terms. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
  5. If you are not prepared to agree to all these Terms (including published changes), then you must cease accessing the Website and Services and must delete any materials that you have downloaded or copied from the Website or through the Service.
  6. Any new page, post, class, course, or workshop which is added to the Website shall also be subject to the Terms of Service. 
  7. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes to these Terms. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
  8. These Terms are divided into 20 separate outlined sections to make them conveniently easier to read, but every section applies to every user and will not limit or otherwise affect these Terms, regardless of what the heading says or how the Terms are separated. You can click the yellow circle with the white up arrow in the lower right of this page to scroll back up to the Table of Contents as you wish.
SECTION 2 – Acceptable Use of the Website and Services
  1. The website is intended for use by persons age 18 or older. If you are younger than 18, please do not use our Website or Services. You must be at least 18 years old to access this Website or to purchase Services from us.
    • Please note, studio.pebble conforms to the Children’s Online Privacy Protection Act (COPPA). Our services are not intended for children under age 13. We do not knowingly collect personally identifiable information via the Services from users in this age group. We ask that our users not provide information about a child if they do not have guardianship of the child, through any comment, forum or feedback mechanism on the Website. Please also see our separate Privacy Policy for more information on data practices.
  2. You agree that you are accessing the Services on our Website for personal purposes. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and confirming now to studio.pebble that you have the authority to bind said organization to our Terms of Service (in which event, “you” and “your” will refer to that organization).
  3. All users agree that they will not:
    • Use their account to breach security of another account or attempt to gain unauthorized access to another network or server, and that not all areas of the site may be available to them or other authorized users of the site.
    • Interfere with anyone else’s use and enjoyment of the Website or other similar Services.
    • Download any content unless you see a “download” or similar link displayed by studio.pebble on the Website for that content.
    • Copy, reproduce, duplicate, distribute, transmit, broadcast, display, sell, resell, license, or otherwise exploit any content for any other purposes or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, without the prior written consent of studio.pebble or the respective licensors of the content.
    • Please note, those users who violate systems or network security may incur criminal or civil liability.
  4. In addition, you agree that your use of and conduct on the Website and Services shall be lawful and will not:
    • Be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services.
    • Trick, defraud or mislead studio.pebble or other users, especially in any attempt to learn sensitive account information such as passwords.
    • Make improper use of studio.pebble’s support services or submit false reports of abuse or misconduct.
    • Disparage, tarnish, or otherwise harm studio.pebble and/or the Service.
    • Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices.
    • Copy or adapt the Services’ software including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services.
    • Except as may be the result of a standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
    • Cover or obscure any notice, banner, advertisement, or other branding on the Services.
    • Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services.
SECTION 3 – General Conditions
  1. We reserve the right to refuse service to anyone for any reason at any time.
  2. All disclosures that you make about yourself on or through our Services are made at your own risk, and studio.pebble shall not be responsible for any damages, injury, or harm, including physical injury, which may arise from any disclosures that you make. Please also see our Privacy Policy for more information on data practices.
  3. You understand and agree that we may use the information you provide, including without limitation personal information, to provide you with Services and otherwise in accordance with our Privacy Policy.
  4. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  5. The information you provide to the Services may be sensitive and of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services, before accessing the Services. If you are not the exclusive owner or user of a device used to access the Services, then you may want to avoid using such a device for accessing the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.
  6. Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
SECTION 4 – Accounts and Personal Information

ACCOUNT CREATION

  1. Users making a purchase must create a studio.pebble account in order to access the Services. You may only create a studio.pebble account if:
    • You are at least 13 years old, and if you are less than 18 years old, you have the permission of your parent or guardian;
    • You provide your legal full name, valid email address, zip code, and any other information requested during the checkout process.
  2. As part of the checkout process, users will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
  3. Users agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
  4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

CONSENT TO USE INFORMATION

  1. By accepting these Terms, you agree that we may collect, use and disclose your identifying information obtained as a result of your account, for the following purposes:
    • The processing of this account application; and
    • The administration of the account with our organization.
  2. The benefits, rights, and obligations afforded under these Terms are personal to you. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing our Services, also known as the “content”) on this Website, or any part of such content, or share your rights under these Terms to and with others. You agree that you will not:
    • Select or use the login credentials of another person or company with the intent to impersonate that person or company; or
    • Use login credentials in which another person or company has rights without such person’s or company’s authorization.

ADDITIONAL ACCOUNT TERMS

  1. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
  2. Only authorized users, who have duly obtained access to the content by personally agreeing to these Terms are permitted participation in and use of the Services, content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any content, or any license key to any third party, or use the content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
  3. You are responsible for maintaining the confidentiality of your login credentials and the security of your account. studio.pebble will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of studio.pebble or others due to such unauthorized use. We reserve the right to terminate or suspend your access to the Services if you share your credentials or transfer such credentials to another party. You are responsible for all usage or activity on your account on this Website and related social media, including use of the account by any third party authorized by you to use your login credentials. It’s up to you to protect the security of your account and your password. 
  4. Your submission of personal information is governed by our Privacy Policy. The Privacy Policy also contains further details on our data protection policy, including how you may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.
SECTION 6 – Description of Service
  1. studio.pebble make every effort to describe and portray our Services as accurately as possible on the Website, vis-a-vis, and other forms of communication. We cannot guarantee service descriptions will fully meet customer expectations and do not warranty as such.
  2. We reserve the right but are not obligated to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this Site is void where prohibited.

PAYMENTS AND FEES

  1. A valid credit card is required for Services.
  2. A full payment in accordance with payment guidelines is required to book Services on studio.pebble.

REFUND POLICY

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, studio.pebble abides by a strict no refund policy. By accepting these Terms, you understand and agree that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website.

CANCELLATION POLICY

  1. If a user wishes to cancel a purchase for a Service made on the studio.pebble Website, they can do so 24 hours prior to the Service day and time by emailing admin@studiopebble.com.
    • As per our Refund Policy, we do not offer refunds but a credit can be made available in the form of a coupon code if and only if the Service purchased was not delivered and the user emailed us 24 hours prior to the Service day and time.
    • Credited coupon codes can only be used on the studio.pebble Website.
  2. If studio.pebble needs to cancel a user’s purchase, the user will be sent a coupon code to apply to their next purchase on the studio.pebble Website. 

MODIFICATIONS AND AMENDMENTS

  1. You agree to accept all of the Terms, including the above Cancellation Policy, when you book and pay for a Service on studio.pebble.
  2. studio.pebble reserves the right to cancel or change any booked Service at any time, for any reason.
  3. We reserve the right at any time to modify, terminate, or otherwise amend Services available via this Website and related social media accounts temporarily or permanently, without notice. We may, in the future, offer new and/or different Services and/or features through the Website and associated social media accounts. Such new features and/or Services shall be subject to these Terms.
SECTION 7 – Errors, Inaccuracies, Omissions
  1. We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
  2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  3. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Services if any information on any related Website is inaccurate at any time without prior notice. If you have already booked a Service, we will reach out to you discuss the changes and next steps.
  4. We undertake no obligation to update, amend, or clarify information about the Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Website should be taken to indicate that all information on the Services or on any related Website has been modified or updated.
SECTION 8 – Intellectual Property Statement
  1. The contents of the Services, including the Website, content, and other materials made available via related social media, are protected by U.S. copyright, trademark and other intellectual property laws and international treaties and owned or controlled by studio.pebble, or the party credited as the provider of the content. You agree to abide by all additional copyright notices, information, or restrictions contained in any content accessed through the Services.
  2. By accepting these Terms, you further acknowledge and agree that we and our third party licensors own and shall continue to own all right, title, and interest in and to the content and other elements of our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
  3. Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the content and/or other elements of the Services, or any other intellectual property rights of ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that we use in connection with the Services are marks owned by us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
  4. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content or the Services (including software) in whole or in part.
SECTION 9 – User Comments, Feedback, and Other Submissions
  1. When you communicate with us or send us information you grant us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that you have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related social media.
  2. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  3. You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – Warranties and Liabilities
  1. By accepting these Terms, you agree and understand that we provide classes, workshops, consultations, mentoring, facilitating, therapy, and coaching services only and guarantee no specific results. You acknowledge that we make no promise or representation that you will achieve certain results  as a result of using these Services. There are unknown risks in any business, particularly with the internet where advances and changes can happen quickly. The use of our information and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE. In accepting these Terms, you acknowledge that you take full responsibility for your own success.
  2. In no event will we be liable to you or any party related to you for any damage, including damages for loss of profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if we have been advised of the possibility of such damages.
  3. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
    Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
  4. studio.pebble AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY SERVICE YOU USE OR ENCOUNTER ON ANY studio.pebble WEBSITE. YOU AGREE THAT studio.pebble IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, AND/OR THE FAILURE TO REALIZE ANY SPECIFIC OUTCOME, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
  5. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING studio.pebble TO PROVIDE OUR SERVICES. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.
  6. THE studio.pebble WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. studio.pebble, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
  7. SPECIFICALLY, studio.pebble MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
    • THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, RECOMMENDATIONS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE studio.pebble SERVICES.
    • THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE studio.pebble SERVICES.
  8. studio.pebble IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES studio.pebble WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
  9. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND studio.pebble OR A REPRESENTATIVE OF studio.pebble SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. studio.pebble RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
  10. THE SERVICE DESCRIPTIONS SHALL NOT BE DEEMED GUARANTEED, THAT THE SERVICE CAN BE USED TO ACHIEVE SPECIFIC INTERESTS OR THAT THE OUTPUT OF THE SERVICE IS COMPLETE AND ACCURATE.
  11. THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
  12. IN NO EVENT WILL studio.pebble, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE studio.pebble SERVICES. YOU WILL HOLD studio.pebble, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.
  13. In addition, IN NO EVENT SHALL studio.pebble, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF studio.pebble SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT studio.pebble IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  14. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES or THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT studio.pebble IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO studio.pebble WITH RESPECT TO YOUR INDIVIDUAL USE OF THE studio.pebble SERVICE IN QUESTION.
SECTION 11 – Third-Party, Content, and Advertising, and Optional Tools
  1. Certain Content and Services available via our Website may include materials from third-parties.
  2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining, monitoring, or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  4. We may provide you with access to third-party tools over which we neither have any control nor input.
  5. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  6. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion.
  7. We may also, in the future, offer new third-party services and/or features through the Website (including, the release of new tools and resources). Such new third-party features and/or services shall also be subject to these Terms of Service.
SECTION 12 – Indemnification
  1. You agree to defend, indemnify and hold harmless studio.pebble, its subsidiaries, affiliates, partners, subcontractors, officers, directors, employees, interns, consultants, suppliers, service providers, licensors, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
    • Your use of and access to the Website;
    • Your violation of any term of this Agreement;
    • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    • Any claim that one of your submissions of Content caused damage to a third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
  2. This defense and indemnification obligation will survive this Agreement and your use of the Website.
SECTION 13 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – Your Claims Against studio.pebble are Time-Limited
  1. YOU AND studio.pebble AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  2. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.
SECTION 15 – Termination
  1. studio.pebble may elect to terminate the Services on this Website at our discretion without notice to you or any liability for any reasons whatsoever, including without limitation, if you breach these Terms. You may terminate any account you establish via this website at any time upon written notice to us by emailing us at admin@studiopebble.com.
  2. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

HOW AND WHEN YOUR ACCOUNT CAN BE TERMINATED

  1. Termination by studio.pebble:
    • You agree that studio.pebble may terminate your account at any time for your violation of any of the provisions of these Terms.
  2. Termination by you:
    • If you are dissatisfied with the studio.pebble Services, please let us know by emailing us at admin@studiopebble.com.
    • Your only other remedy with respect to any dissatisfaction with:
      • The Services,
      • Any portion of these Terms,
      • Any policy or practice of studio.pebble in providing the Services, or
      • Any content or information transmitted through the website or the Services, is to terminate the Services and your account.
    • You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing studio.pebble notice of termination by emailing us at admin@studiopebble.com.
  3. Effect of termination:
    • Upon the termination of your account, either by you or studio.pebble, your access to your personal information within the Service shall immediately terminate and you are solely responsible for maintaining copies of any personal information you have uploaded to the Services or any plans you may have engaged through the Services. studio.pebble may retain copies of your personal information upon the termination of your user account on backup media. Please see our Privacy Policy for more information about removing your user data from our systems.
  4. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. However, if you cease using the Services, those provisions of these Terms which by their nature extend beyond the expiration of a contractual agreement, including without limitation the indemnification obligations herein, the arbitration provisions herein, and the limitations of liability herein, will survive the termination of our relationship and remain in full force and effect.
SECTION 16 – Arbitration of Claims
  1. IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH studio.pebble ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
  2. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against studio.pebble on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against studio.pebble and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against studio.pebble by someone else.
  3. Agreement to Binding Arbitration Between You and studio.pebble:
    • You and studio.pebble agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and studio.pebble, and not in a court of law.
    • You acknowledge and agree that you and studio.pebble are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and studio.pebble otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and studio.pebble each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
  4. Rules and Governing Law:
    • The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
    • The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
    • Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Oregon.
  5. Process:
    • A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Oregon and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
  6. Location and Procedure:
    • Unless you and studio.pebble otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and studio.pebble submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  7. Arbitrator’s Decision:
    • The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney’s’ fees and expenses, to the extent provided under applicable law. studio.pebble will not seek, and hereby waives all rights studio.pebble may have under applicable law to recover, attorneys’ fees and expenses if studio.pebble prevails in arbitration.
  8. Fees:
    • It is your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, studio.pebble will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
  9. Changes:
    • Notwithstanding the above, regarding consent to be bound by amendments to these Terms, if studio.pebble changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing studio.pebble written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your account to admin@studiopebble.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and studio.pebble in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
  10. Opt-Out:
    • You may opt-out of the foregoing arbitration requirement for resolving disputes by sending a written opt-out statement by email from the email address associated with your account to admin@studiopebble.com within 30 days of your initial consent to these Terms as updated and effective June 30, 2023.
SECTION 17 – Entire Agreement
  1. studio.pebble’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
  2. The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without studio.pebble’s prior written consent, but may be assigned by studio.pebble without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
  3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and studio.pebble as a result of these Terms or your use of the Services.
  4. These Terms as well as our Privacy Policy constitute the entire Agreement between you and studio.pebble with respect to the use of the studio.pebble Website and Services. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
SECTION 18 – Governing Law
  1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oregon. Any disputes arising hereunder shall be arbitrated and/or adjudicated in the state and federal courts having jurisdiction over Portland, Oregon.
  2. These Terms in all respects shall be governed by and construed according to the laws of Oregon. The venue for any dispute shall be in the United States of America.
  3. This Agreement is entered into Multnomah County, Oregon. You agree and consent to the exclusive jurisdiction and venue of the state of Oregon and county of Multnomah for any dispute arising from or related to this Agreement.
  4. Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.
  5. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
SECTION 19 – Modifications of These Terms
  1. studio.pebble reserves the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the email address you provided upon checkout, subscribing, or through the use of notification in or through the Website. 
  2. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at either the beginning or end of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
  3. These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
SECTION 20 – How to Contact Us

If you have questions or comments about the above terms and conditions, or about your privacy, please email us at admin@studiopebble.com.

This document is effective as of June 30, 2023.