Overview

Welcome to MontavillaDesign.com. This website is operated by Montavilla Design (herein referred to as “Montavilla Design” or “Designer”), a subsidiary of Vesper Holdings LLC. Throughout the site, the terms “I,” “we”, “me,” “us,” “my,” “our,” and “its” refer to Montavilla Design; the terms “you” and “your” refer to visitors to this website as well as existing clients of Montavilla Design. We offer this website (“Site”), including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. MontavillaDesign.com is an e-commerce site.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms, conditions, and notices (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. MontavillaDesign.com is offered to you conditioned upon your acceptance without modification of these Terms of Service. Your use of MontavillaDesign.com constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

Agreement Between User and MontavillaDesign.com

This Site consists of various web pages operated by Montavilla Design.

Montavilla Design offers digital and print design, website development, communications consulting, content strategy, business coaching, and user-experience design (collectively, “Services”). Our mission is to provide high-quality, specialized graphic design, consulting, and coaching services to small-business owners. This website provides general information, a portfolio of works, and the ability for visitors and clients to book appointments, purchase products, and submit secure messages.

Privacy

Your use of MontavillaDesign.com is subject to Montavilla Design’s Privacy Policy. Please review the policy, which also governs the Site and informs users of our data-collection practices.

Electronic Communications

Visiting MontavillaDesign.com or sending emails to Montavilla Design 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 site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Montavilla Design is not responsible for third-party access to your account that results from theft or misappropriation of your account. Montavilla Design and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under 13 Years of Age

Montavilla Design does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use MontavillaDesign.com only with permission of a parent or guardian.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any malware, viruses, or code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Refunds

Our refund and return policy varies per product:

For parties who have signed on as graphic design clients, refunds may be granted within 24 hours of initial payment or deposit for work to begin. No refunds will be processed beyond 24 hours after this payment is made. In the case of extenuating circumstances, refunds will only be issued at the discretion of the Designer. Any such refunds will be prorated, and the fee(s) for any Services rendered or hours spent working on the project, including any research performed, up to that point will be deducted from said refund.

For consulting and design clients or any in-person or virtual/online coaching, strategy, or consulting sessions or packages, refunds may be processed at any time up to 24 hours before the start of the session. No refunds will be granted within 24 hours of the start of the session or at any time thereafter — no exceptions.

Montavilla Design reserves the right to deny services, terminate any agreements, and remove access for a client who plagiarizes any material found on MontavillaDesign.com or any of its subsidiary brands and websites.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) 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.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refunds Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or 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 products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you nor to any third party for any modification, price change, suspension, or discontinuance of the Service.

Accuracy of Billing and Account Information

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, under, or with the same customer account, the same credit card, and/or the same billing and/or shipping 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.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and your credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refunds Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Links to Third-Party Sites/Third-Party Services

MontavillaDesign.com may contain links to other websites (“linked sites”). The linked sites are not under the control of Montavilla Design, and we are 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. Montavilla Design provides these links to you as a convenience, and the inclusion of any link does not imply endorsement of the Site by Montavilla Design or any association with its operators.

Certain content, products, and services available via our Service may include materials from third parties. 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 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.

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.

Certain services made available via MontavillaDesign.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the MontavillaDesign.com domain, you hereby acknowledge and consent that Montavilla Design may share such information and data with any third party with whom Montavilla Design has a contractual relationship to provide the requested product, service, or functionality on behalf of MontavillaDesign.com users and customers.

User comments, feedback, and other submissions

If, at our request, you send certain specific submissions (for example, contest entries), or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

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, pornographic, obscene, or otherwise objectionable or content that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. 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 e-mail 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.

Unlawful or Prohibited Use/Intellectual Property

You are granted a nonexclusive, nontransferable, revocable license to access and use MontavillaDesign.com strictly in accordance with these terms of use. As a condition of your use of the site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as part of the Service — such as text, graphics, logos, images, and/or the compilation thereof — and any software used on the Site is the property of Montavilla Design or its suppliers and is protected by U.S. laws governing copyrights, trademarks, intellectual property, and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices 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 site. Montavilla Design’s content is not for resale. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Montavilla Design and the copyright owner. Your use of the Site 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 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 Montavilla Design or our licensors except as expressly authorized by these terms.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, farm/pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

International Users

The Service is controlled, operated, and administered by Montavilla Design from our offices within the United States of America. If you access our Service from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use the content accessed through MontavillaDesign.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Montavilla Design and its parent, subsidiaries, affiliates, partners, insurers, officers, directors, stockholders, successors, employees, contractors, subcontractors, suppliers, licensors, and agents for:

(a) 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 Site or Services;

(b) any user postings made by you;

(c) your breach or violation of these Terms of Service or the documents they incorporate by reference;

(d) your violation of any rights of a third party;

(e) any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or arising out of your violation of any law or the rights of a third party; and/or

(f) your violation of any applicable laws, rules, or regulations.

Montavilla Design 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 Montavilla Design in asserting any available defenses.

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.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these terms and conditions.

Class-Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Montavilla Design agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through this Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Montavilla Design and/or its suppliers may make changes to the Site and Service at any time. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel the Site or Service at any time, without notice to you.

Montavilla Design and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics contained on the Site 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. Montavilla Design 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 noninfringement.

To the maximum extent permitted by applicable law, in no event shall Montavilla Design and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or 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 site; with the delay or inability to use the Site or Services; with the provision of or failure to provide services; or with any information, software, products, services, and related graphics obtained through the Site or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Montavilla Design 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 site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

No information provided on this website shall be construed as medical advice. Always seek out the professional service and opinion of your medical provider before starting any new health related product, practice, or service.

Termination/Access Restriction

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We accordingly may deny you access to our Services (or any part thereof).

Montavilla Design reserves the right, at its sole discretion, to terminate your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement, and any separate agreements whereby we provide you Services, is governed by and construed in accordance with the laws of the State of Oregon, in the United States of America, and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the site. Use of the Site 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 Montavilla Design as a result of this agreement or use of the site. Montavilla Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Montavilla Design’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Montavilla Design 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.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Montavilla Design with respect to the site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Montavilla Design regarding the Site (including, but not limited to, any prior versions of the Terms of Service).

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 of the parties that this agreement and all related documents be written in English.

Changes to Terms

You can review the most current version of the Terms of Service at any time at this page.

Montavilla Design reserves the right, at its sole discretion, to change the terms under which MontavillaDesign.com is offered. The most current version of the terms will supersede all previous versions.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.