TERMS OF SERVICE  

Last updated June 21, 2026      

AGREEMENT TO OUR LEGAL TERMS  

We are Cre8tive Thinking LLC, doing business

as Cre8tive Thinking ("Company," "we," "us," "our"), a company registered in Washington, United

States at 1030 N Center Parkway Suite 101, Kennewick, WA 99336.

We operate the website 

https://www.cre8tivethinking.com

(the "Site"), as well as any other related products and services that refer or link to these legal

terms (the "Legal Terms")

(collectively, the "Services").

Cre8tive Thinking provides life coaching services to

clients, particularly around communication/relationships and achieving goals.

You can contact us by phone at 509.205.4070, email

at [email protected], or by mail at 1030 N Center Parkway Suite 101, Kennewick, WA 99336, United States.

These Terms constitute a legally binding agreement between

you, whether personally or on behalf of an entity ("you"), and Cre8tive Thinking, LLC, concerning your access

to and use of the Services. You agree that by accessing the Services, you have

read, understood, and agreed to be bound by these Legal Terms. IF YOU DO NOT

AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM

USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled

changes to the Services you are using. As stated in an email, the modified

Legal Terms will become effective upon posting or notifying you

by [email protected]. By continuing to use the Services after the

effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18

years old. Persons under 18 are not permitted to use or register for the Services.

We recommend printing a copy of these Legal Terms for your records.

TABLE OF CONTENTS   1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. USER REGISTRATION 5. PURCHASES AND PAYMENT 6. SUBSCRIPTIONS 7. SOFTWARE 8. PROHIBITED ACTIVITIES 9. USER GENERATED CONTRIBUTIONS 10. CONTRIBUTION LICENSE 11. SOCIAL MEDIA 12. THIRD-PARTY WEBSITES AND CONTENT 13. SERVICES MANAGEMENT 14. PRIVACY POLICY 15. TERM AND TERMINATION 16. MODIFICATIONS AND INTERRUPTIONS 17. GOVERNING LAW 18. DISPUTE RESOLUTION 19. CORRECTIONS 20. DISCLAIMER 21. LIMITATIONS OF LIABILITY 22. INDEMNIFICATION 23. USER DATA 24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 25. SMS TEXT MESSAGING 26. CALIFORNIA USERS AND RESIDENTS 27. MISCELLANEOUS 28. CONTACT US    

1. OUR SERVICES  

The information provided when using the Services is not

intended for distribution to or use by any person or entity in any jurisdiction

or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within

such jurisdiction or country. Accordingly, those persons who choose to access

the Services from other locations do so on their initiative and are solely

responsible for compliance with local laws if and to the extent local laws are

applicable.

The Services are not tailored to comply with

industry-specific regulations (Health Insurance Portability and Accountability

Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if

your interactions would be subjected to such laws, you may not use the

Services. You may not use the Services in a way that would violate the

Gramm-Leach-Bliley Act (GLBA).

    2. INTELLECTUAL PROPERTY RIGHTS   Our intellectual property  

We are the owner or the licensee of all intellectual

property rights in our Services, including all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and

graphics in the Services (collectively, the "Content"), as well

as the trademarks, service marks, and logos contained therein

(the "Marks").

Our Content and Marks are protected by copyright and

trademark laws (and various other intellectual property rights and unfair

competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in or through the

Services "AS IS" for your internal business

purpose only.

  Your use of our Services  

Subject to your compliance with these Legal Terms, including

the "PROHIBITED ACTIVITIES" section

below, we grant you a non-exclusive, non-transferable,

revocable license to:

▪         

access the Services, and

▪         

download or print a copy of any portion of the

Content to which you have properly gained access.

solely for your internal business purposes.

Except as set out in this section or elsewhere in our Legal

Terms, no part of the Services and no Content or Marks may be copied,

reproduced, aggregated, republished, uploaded, posted, publicly displayed,

encoded, translated, transmitted, distributed, sold, licensed, or otherwise

exploited for any commercial purpose whatsoever, without our express prior

written permission.

If you wish to use the Services, Content, or Marks other

than as set out in this section or elsewhere in our Legal Terms, please address

your request to [email protected]. If we ever grant you

permission to post, reproduce, or publicly display any part of our Services or

Content, you must identify us as the owners or licensors of the Services,

Content, or Marks and ensure that any copyright or proprietary notice appears

or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to

the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will

constitute a material breach of our Legal Terms, and your right to use our

Services will terminate immediately.

  Your submissions  

Please review this section and the "PROHIBITED ACTIVITIES" section

carefully prior to using our Services to understand the (a) rights you give us

and (b) obligations you have when you post or upload any content through the

Services.

  Submissions:

 By directly sending us any question, comment, suggestion, idea, feedback, or other

information about the Services ("Submissions"), you agree to assign

to us all intellectual property rights in such Submission. You agree that we

shall own this Submission and be entitled to its unrestricted use and

dissemination for any lawful purpose, commercial or otherwise, without

acknowledgment or compensation to you.

  You are responsible for what you post or upload.

 By sending us Submissions through

any part of the Services , you:

▪         

confirm that you have read and agree with

our "PROHIBITED ACTIVITIES" and will not

post, send, publish, upload, or transmit through the Services any

Submission that is illegal, harassing, hateful, harmful, defamatory,

obscene, bullying, abusive, discriminatory, threatening to any person or group,

sexually explicit, false, inaccurate, deceitful, or misleading;

▪         

to the extent permissible by applicable law,

waive any moral rights to any such Submission;

▪         

warrant that any such Submission is

original to you or that you have the necessary rights and licenses to

submit such Submissions and that you have full authority to grant us the

above-mentioned rights about your Submissions; and

▪         

warrant and represent that your

Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you

expressly agree to reimburse us for any losses that we may suffer because you

breach (a) this section, (b) any third party’s intellectual property rights, or

(c) applicable law.

  3. USER REPRESENTATIONS  

By using the Services, you represent and warrant

that: (1) all registration information you submit will be true, accurate,

current, and complete; (2) you will maintain the accuracy of such information

and promptly update such registration information as necessary; (3) you

have the legal capacity and you agree to comply with these Legal

Terms; (4) you are not a minor in the jurisdiction in which you reside;

(5) you will not access the Services through automated or non-human means,

whether through a bot, script or otherwise; (6) you will not use the Services

for any illegal or unauthorized purpose; and (7) your use of the

Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate,

not current, or incomplete, we have the right to suspend or terminate your

account and refuse any and all current or future use of the Services (or any

portion thereof).

  4. USER REGISTRATION  

You may be required to register to use the Services. You

agree to keep your password confidential and will be responsible for all your

account and password use. We reserve the right to remove, reclaim, or change a

username you select if we determine, in our sole discretion, that such username

is inappropriate, obscene, or otherwise objectionable.

  5. PURCHASES AND PAYMENT  

We accept the following forms of payment:

-  Visa

-  Mastercard

-  American Express

-  Discover

-  Google Pay

You agree to provide current, complete, and accurate

purchase and account information for all purchases made via the Services. You

further agree to promptly update account and payment information, including

email address, payment method, and payment card expiration date, so we can

complete your transactions and contact you as needed. Sales tax will be added

to the purchase price as we deem required. We may change prices at any time.

All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect

for your purchases and any applicable shipping fees, and

you authorize us to charge your chosen payment provider for any such

amounts upon placing your order. We reserve the right to correct any errors or

mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the

Services. In our sole discretion, we may limit or cancel quantities purchased

per person, household, or order. These restrictions may include orders placed

by or under the same customer account, payment method, and/or orders using the

same billing or shipping address. We reserve the right to limit or prohibit

orders that, in our sole judgment, appear to be placed by dealers,

resellers, or distributors.

  6. SUBSCRIPTIONS   Billing and Renewal

Your subscription will continue and automatically renew

unless canceled. You consent to our charging your payment method regularly

without requiring your prior approval for each recurring charge, until you

cancel the applicable order. The length of your billing cycle is

monthly.

Free, No-Obligation Session

We offer a free, no-obligation session to new users who

register with the Services. The account will be charged according to the

user's chosen coaching service at the start of the second session.

Cancellation  

All purchases are non-refundable. You can cancel your

subscription anytime by contacting us using the contact information provided

below. Your cancellation will take effect at the end of the current paid

term. If you have any questions or are unsatisfied with our Services, please

email us at [email protected].

  Fee Changes

We may occasionally make changes to the subscription fee and

will communicate any price changes to you by applicable law.

7. SOFTWARE  

We may include software for use in connection with our

Services. If such software is accompanied by an

end-user license agreement ("EULA"), the terms of the EULA

will govern your use of the software. Suppose an EULA does not accompany such

software. In that case, we grant you a non-exclusive, revocable, personal, and

non-transferable license to use such software solely in connection

with our services and by these Legal Terms. Any software and related

documentation is provided "AS IS" without warranty, either

express or implied, including, without limitation, the implied warranties of

merchantability, fitness for a particular purpose, or non-infringement. You

accept any risk arising out of the use or performance of any software. You may

not reproduce or redistribute any software except by the EULA or these Legal

Terms.

8. PROHIBITED ACTIVITIES  

You may not access or use the Services for any purpose other

than that for which we make the Services available. The Services may not be

used in connection with any commercial endeavors except those

specifically endorsed or approved by us.

As a user of the Services, you agree not to:

▪         

Systematically retrieve data or other content

from the Services to create or compile, directly or indirectly, a collection,

compilation, database, or directory without our written permission.

▪         

Trick, defraud, or mislead us and other users,

especially in any attempt to learn sensitive account information such as user

passwords.

▪         

Circumvent, disable, or otherwise interfere with

security-related features of the Services, including features that prevent or

restrict the use or copying of any Content or enforce limitations on the use of

the Services and/or the Content contained therein.

▪         

Disparage, tarnish, or otherwise harm, in our

opinion, us and/or the Services.

▪         

Use any information obtained from the Services

to harass, abuse, or harm another person.

▪         

Misuse our support services or submit false

reports of abuse or misconduct.

▪         

Use the Services in a manner inconsistent with

any applicable laws or regulations.

▪         

Engage in unauthorized framing of or

linking to the Services.

▪         

Upload or transmit (or attempt to upload or to

transmit) viruses, Trojan horses, or other material, including excessive use of

capital letters and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the Services or

modifies, impairs, disrupts, alters, or interferes with the use, features,

functions, operation, or maintenance of the Services.

▪         

Engage in any automated system, such as using

scripts to send comments or messages or using data mining, robots, or similar

data gathering and extraction tools.

▪         

Delete the copyright or other proprietary rights

notice from any Content.

▪         

Attempt to impersonate another user or person or

use the username of another user.

▪         

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, transparent graphics

interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other

similar devices (sometimes referred to as "spyware" or

"passive collection mechanisms" or "PCM").

▪         

Interfere with, disrupt, or create an undue

burden on the Services or the networks or services connected to the Services.

▪         

Harass, annoy, intimidate, or threaten any of

our employees or agents providing any portion of the Services to you.

▪         

Attempt to bypass any measures of the Services

designed to prevent or restrict access to the Services or any portion of the

Services.

▪         

Copy or adapt the Services' software, including

but not limited to Flash, PHP, HTML, JavaScript, or other code.

▪         

Except as permitted by applicable law, decipher,

decompile, disassemble, or reverse engineer any software comprising or making

up a part of the Services.

▪         

Except as may be the result of the standard

search engine or Internet browser usage, use, launch, develop, or distribute

any automated system, including, without limitation, any spider, robot, cheat

utility, scraper, or offline reader that accesses the Services, or use or

launch any unauthorized script or other software.

▪         

Use a buying agent or purchasing agent to make

purchases on the Services.

▪         

Make any unauthorized use of the

Services, including collecting usernames and/or email addresses of users by

electronic or other means to send unsolicited emails or create user accounts by

automated means or under pretenses.

▪         

Use the Services as part of any effort to

compete with us or otherwise use the Services and/or the Content for any

revenue-generating endeavor or commercial enterprise.

▪         

Sell or otherwise transfer your profile.

9. USER GENERATED CONTRIBUTIONS  

The Services sometimes offer users the ability to submit or

post content. We may provide you with the opportunity to create, submit,

post, display, transmit, perform, publish, distribute, or broadcast content and

materials to us or on the Services, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or

personal information or other material

(collectively, "Contributions"). Contributions may be viewable

by other service users and through third-party websites. As such, any

Contributions you transmit may be treated by the Services' Privacy

Policy. When you create or make available any Contributions, you thereby

represent and warrant that:

▪         

The creation, distribution, transmission, public

display, or performance, and the accessing, downloading, or copying of your

Contributions do not and will not infringe the proprietary rights, including

but not limited to the copyright, patent, trademark, trade secret, or moral

rights of any third party.

▪         

You are the creator and owner of or have the

necessary licenses, rights, consents, releases, and permissions to use and

to authorize us, the Services, and other users of the Services to use

your Contributions in any manner contemplated by the Services and these Legal

Terms.

▪         

You have the written consent, release, and/or

permission of each and every identifiable individual person in your

Contributions to use the name or likeness of each and every such identifiable

individual person to enable inclusion and use of your Contributions in any

manner contemplated by the Services and these Legal Terms.

▪         

Your Contributions are not false, inaccurate, or

misleading. 

▪         

Your Contributions are not unsolicited

or unauthorized advertising, promotional materials, pyramid schemes,

chain letters, spam, mass mailings, or other forms of solicitation.

▪         

Your Contributions are not obscene, lewd,

lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise

objectionable (as determined by us). 

▪         

Your Contributions do not ridicule, mock,

disparage, intimidate, or abuse anyone.

▪         

Your Contributions are not used to harass or

threaten (in the legal sense of those terms) any other person and to promote

violence against a specific person or class of people.

▪         

Your Contributions do not violate any applicable

law, regulation, or rule.

▪         

Your Contributions do not violate the privacy or

publicity rights of any third party.

▪         

Your Contributions do not violate any applicable

law concerning child pornography, or otherwise intended to protect the health

or well-being of minors.

▪         

Your Contributions do not include any offensive

comments that are connected to race, national origin, gender, sexual

preference, or physical handicap.

▪         

Your Contributions do not otherwise violate, or

link to material that violates, any provision of these Legal Terms, or any

applicable law or regulation.

Any use of the Services in violation of the foregoing

violates these Legal Terms and may result in, among other things, termination

or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE  

You and Services agree that we may access, store, process,

and use any information and personal data that you provide following the

terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the

Services, you agree that we can use and share such feedback for any purpose without

compensation to you.

We do not assert any ownership over your Contributions. You

retain full ownership of all of your Contributions and any intellectual

property rights or other proprietary rights associated with your Contributions.

We are not liable for any statements or representations in your Contributions

provided by you in any area on the Services. You are solely responsible for

your Contributions to the Services and you expressly agree to exonerate us from

any and all responsibility and to refrain from any legal action against us

regarding your Contributions.

11. SOCIAL MEDIA

As part of the functionality of the Services, you may link

your account with online accounts you have with third-party service providers

(each such account, a "Third-Party Account") by either: (1)

providing your Third-Party Account login information through the Services; or

(2) allowing us to access your Third-Party Account, as is permitted

under the applicable terms and conditions that govern your use of

each Third-Party Account. You represent and warrant that you are

entitled to disclose your Third-Party Account login information to us

and/or grant us access to your Third-Party Account, without breach by

you of any of the terms and conditions that govern your use of the

applicable Third-Party Account, and without obligating us to pay any

fees or making us subject to any usage limitations imposed by the third-party

service provider of the Third-Party Account. By granting us access to

any Third-Party Accounts, you understand that (1) we may access, make

available, and store (if applicable) any content that you have provided to and

stored in your Third-Party Account (the "Social Network

Content") so that it is available on and through the Services via your

account, including without limitation any friend lists and (2) we may submit to

and receive from your Third-Party Account additional information to

the extent you are notified when you link your account with

the Third-Party Account. Depending on

the Third-Party Accounts you choose and subject to the privacy

settings that you have set in such Third-Party Accounts, personally

identifiable information that you post to your Third-Party Accounts

may be available on and through your account on the Services. Please note that

if a Third-Party Account or associated service becomes unavailable or

our access to such Third-Party Account is terminated by the

third-party service provider, then Social Network Content may no longer be

available on and through the Services. You will have the ability to disable the

connection between your account on the Services and your Third-Party Accounts

at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE

PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to

review any Social Network Content for any purpose, including but not limited

to, for accuracy, legality, or non-infringement, and we are not responsible for

any Social Network Content. You acknowledge and agree that we may access your

email address book associated with a Third-Party Account and your

contacts list stored on your mobile device or tablet computer solely for

purposes of identifying and informing you of those contacts who have also

registered to use the Services. You can deactivate the connection between the

Services and your Third-Party Account by contacting us using the

contact information below or through your account settings (if applicable). We

will attempt to delete any information stored on our servers that was obtained

through such Third-Party Account, except the username and profile

picture that become associated with your account.

12. THIRD-PARTY WEBSITES AND CONTENT  

The Services may contain (or you may be sent via

the Site) links to other websites ("Third-Party Websites") as

well as articles, photographs, text, graphics, pictures, designs, music, sound,

video, information, applications, software, and other content or items

belonging to or originating from third parties ("Third-Party

Content"). Such Third-Party Websites

and Third-Party Content are not investigated, monitored, or checked

for accuracy, appropriateness, or completeness by us, and we are not

responsible for any Third-Party Websites accessed through the Services or

any Third-Party Content posted on, available through, or installed

from the Services, including the content, accuracy, offensiveness, opinions,

reliability, privacy practices, or other policies of or contained in

the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of

any Third-Party Websites or any Third-Party Content does

not imply approval or endorsement thereof by us. If you decide to leave the

Services and access the Third-Party Websites or to use or install

any Third-Party Content, you do so at your own risk, and you should

be aware these Legal Terms no longer govern. You should review the applicable

terms and policies, including privacy and data gathering practices, of any

website to which you navigate from the Services or relating to any applications

you use or install from the Services. Any purchases you make

through Third-Party Websites will be through other websites and from

other companies, and we take no responsibility whatsoever in relation to such

purchases which are exclusively between you and the applicable third party. You

agree and acknowledge that we do not endorse the products or services offered

on Third-Party Websites and you shall hold us blameless from any harm

caused by your purchase of such products or services. Additionally, you shall

hold us blameless from any losses sustained by you or harm caused to you

relating to or resulting in any way from any Third-Party Content or

any contact with Third-Party Websites.

13. SERVICES MANAGEMENT  

We reserve the right, but not the obligation, to: (1)

monitor the Services for violations of these Legal Terms; (2) take appropriate

legal action against anyone who, in our sole discretion, violates the law or

these Legal Terms, including without limitation, reporting such user to law

enforcement authorities; (3) in our sole discretion and without limitation,

refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to

remove from the Services or otherwise disable all files and content that are

excessive in size or are in any way burdensome to our systems; and (5)

otherwise manage the Services in a manner designed to protect our rights and

property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY  

We care about data privacy and security. Please review our

Privacy Policy:

  https://cre8tivethinking.com/privacy-policy/

.

By using the Services, you agree to be bound by our Privacy Policy, which is

incorporated into these Legal Terms. Please be advised the Services are hosted

in the United States. If you access the Services from any other

region of the world with laws or other requirements governing personal data

collection, use, or disclosure that differ from applicable laws

in the United States, then through your continued use of the

Services, you are transferring your data to the United States, and

you expressly consent to have your data transferred to and processed

in the United States.

15. TERM AND TERMINATION  

These Legal Terms shall remain in full force and effect

while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL

TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR

LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN

IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT

LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN

THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR

USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY

CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR

SOLE DISCRETION.

If we terminate or suspend your account for any reason, you

are prohibited from registering and creating a new account under your name, a

fake or borrowed name, or the name of any third party, even if you may be

acting on behalf of the third party. In addition to terminating or suspending

your account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

  16. MODIFICATIONS AND INTERRUPTIONS  

We reserve the right to change, modify, or remove the

contents of the Services at any time or for any reason at our sole discretion

without notice. However, we have no obligation to update any information on our

Services. We will not be liable to you or any third party for any

modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all

times. We may experience hardware, software, or other problems or need to

perform maintenance related to the Services, resulting in interruptions,

delays, or errors. We reserve the right to change, revise, update, suspend,

discontinue, or otherwise modify the Services at any time or for any reason

without notice to you. You agree that we have no liability whatsoever for any

loss, damage, or inconvenience caused by your inability to access or use the Services

during any downtime or discontinuance of the Services. Nothing in these Legal

Terms will be construed to obligate us to maintain and support the Services or

to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW  

These Legal Terms and your use of the Services are governed

by and construed in accordance with the laws of the State

of Washington applicable to agreements made and to be entirely

performed within the State of Washington, without regard to its

conflict of law principles.

18. DISPUTE RESOLUTION  

Informal Negotiations  

To expedite resolution and control the cost of any dispute,

controversy, or claim related to these Legal Terms (each

a "Dispute" and collectively, the "Disputes") brought

by either you or us (individually, a "Party" and collectively,

the "Parties"), the Parties agree to first attempt to negotiate any

Dispute (except those Disputes expressly provided below) informally for at

least thirty (30) days before initiating arbitration. Such informal

negotiations commence upon written notice from one Party to the other Party.

  Binding Arbitration  

If the Parties are unable to resolve a Dispute through

informal negotiations, the Dispute (except those Disputes expressly excluded

below) will be finally and exclusively resolved by binding arbitration. YOU

UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN

COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and

conducted under the Commercial Arbitration Rules of the American Arbitration

Association ("AAA") and, where appropriate, the AAA’s Supplementary

Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both

of which are available at the 

American Arbitration Association (AAA) website

.

Your arbitration fees and your share of arbitrator compensation shall be

governed by the AAA Consumer Rules and, where appropriate, limited by the AAA

Consumer Rules. If such costs are determined by the arbitrator to be

excessive, we will pay all arbitration fees and expenses. The arbitration

may be conducted in person, through the submission of documents, by phone, or

online. The arbitrator will make a decision in writing, but need not provide a

statement of reasons unless requested by either Party. The arbitrator must

follow applicable law, and any award may be challenged if the arbitrator fails

to do so. Except where otherwise required by the applicable AAA rules

or applicable law, the arbitration will take place in Benton County, Washington.

Except as otherwise provided herein, the Parties may litigate in court to

compel arbitration, stay proceedings pending arbitration, or to confirm,

modify, vacate, or enter judgment on the award entered by the

arbitrator.

If for any reason, a Dispute proceeds in court rather than

arbitration, the Dispute shall be commenced or prosecuted in the state and

federal courts located in Benton County, Washington, and the

Parties hereby consent to, and waive all defenses of lack of personal

jurisdiction, and forum non convenient with respect to venue and jurisdiction

in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) are excluded from these Legal

Terms.

In no event shall any Dispute brought by either Party

related in any way to the Services be commenced more than one

(1) years after the cause of action arose. If this provision is found

to be illegal or unenforceable, then neither Party will elect to arbitrate any

Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree

to submit to the personal jurisdiction of that court.

  Restrictions  

The Parties agree that any arbitration shall be limited to

the Dispute between the Parties individually. To the full extent permitted by

law, (a) no arbitration shall be joined with any other proceeding; (b) there is

no right or authority for any Dispute to be arbitrated on a class-action basis

or to utilize class action procedures; and (c) there is no right or

authority for any Dispute to be brought in a purported representative capacity

on behalf of the general public or any other persons.

  Exceptions to Informal Negotiations and Arbitration  

The Parties agree that the following Disputes are not

subject to the above provisions concerning informal negotiations binding

arbitration: (a) any Disputes seeking to enforce or protect, or concerning the

validity of, any of the intellectual property rights of a Party; (b) any

Dispute related to, or arising from, allegations of theft, piracy, invasion of

privacy, or unauthorized use; and (c) any claim for injunctive

relief. If this provision is found to be illegal or unenforceable, then neither

Party will elect to arbitrate any Dispute falling within that portion of this

provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for

jurisdiction above, and the Parties agree to submit to the personal

jurisdiction of that court.

19. CORRECTIONS  

There may be information on the Services that contains

typographical errors, inaccuracies, or omissions, including descriptions,

pricing, availability, and various other information. We reserve the right to

correct any errors, inaccuracies, or omissions and to change or update the

information on the Services at any time, without prior notice.

20. DISCLAIMER  

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE

BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO

THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR

IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR

THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,

OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE

SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS

AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE

SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF

ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY

WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY

TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY

ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION

WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY  

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS

BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,

LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE

SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO

US DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION

ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN

DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR

LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION  

You agree to defend, indemnify, and hold us harmless,

including our subsidiaries, affiliates, and all of our respective officers,

agents, partners, and employees, from and against any loss, damage, liability,

claim, or demand, including reasonable attorneys’ fees and expenses, made by

any third party due to or arising out of: (1) use of the Services; (2)

breach of these Legal Terms; (3) any breach of your representations and

warranties set forth in these Legal Terms; (4) your violation of the rights of

a third party, including but not limited to intellectual property rights; or

(5) any overt harmful act toward any other user of the Services with whom you

connected via the Services. Notwithstanding the foregoing, we reserve the

right, at your expense, to assume the exclusive defense and control

of any matter for which you are required to indemnify us, and you agree to

cooperate, at your expense, with our defense of such claims. We will

use reasonable efforts to notify you of any such claim, action, or proceeding

which is subject to this indemnification upon becoming aware of it.

23. USER DATA  

We will maintain certain data that you transmit to the

Services for the purpose of managing the performance of the Services, as well

as data relating to your use of the Services. Although we perform regular

routine backups of data, you are solely responsible for all data that you

transmit or that relates to any activity you have undertaken using the

Services. You agree that we shall have no liability to you for any loss or

corruption of any such data, and you hereby waive any right of action against

us arising from any such loss or corruption of such data.

  24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES  

Visiting the Services, sending us emails, and completing

online forms constitute electronic communications. You consent to receive

electronic communications, and you agree that all agreements, notices,

disclosures, and other communications we provide to you electronically, via

email and on the Services, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF

NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR

VIA THE SERVICES. You hereby waive any rights or requirements under any

statutes, regulations, rules, ordinances, or other laws in any jurisdiction

which require an original signature or delivery or retention of non-electronic

records, or to payments or the granting of credits by any means other than

electronic means.

25. SMS TEXT MESSAGING  

Opting Out

If at any time you wish to stop receiving SMS messages from

us, simply reply to the text with "STOP.” You may receive an SMS message

confirming your opt out.

  Message and Data Rates  

Please be aware that message and data rates may apply to any

SMS messages sent or received. The rates are determined by your carrier and the

specifics of your mobile plan.

  Support  

If you have any questions or need assistance regarding our

SMS communications, please email us at [email protected] or

call at 509.205.4070.

  26. CALIFORNIA USERS AND RESIDENTS  

If any complaint with us is not satisfactorily resolved, you

can contact the Complaint Assistance Unit of the Division of Consumer Services

of the California Department of Consumer Affairs in writing at 1625 North

Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at

(800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS  

These Legal Terms and any policies or operating rules posted

by us on the Services or in respect to the Services constitute the entire

agreement and understanding between you and us. Our failure to exercise or

enforce any right or provision of these Legal Terms shall not operate as a

waiver of such right or provision. These Legal Terms operate to the fullest

extent permissible by law. We may assign any or all of our rights and

obligations to others at any time. We shall not be responsible or liable for any

loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Legal

Terms is determined to be unlawful, void, or unenforceable, that provision or

part of the provision is deemed severable from these Legal Terms and does not

affect the validity and enforceability of any remaining provisions. There is no

joint venture, partnership, employment or agency relationship created between

you and us as a result of these Legal Terms or use of the Services. You agree

that these Legal Terms will not be construed against us by virtue of having

drafted them. You hereby waive any and all defenses you may have

based on the electronic form of these Legal Terms and the lack of signing by the

parties hereto to execute these Legal Terms.

28. CONTACT US  

In order to resolve a complaint regarding the Services or to

receive further information regarding use of the Services, please contact us

at:

  Cre8tive Thinking, LLC

1030 N Center Parkway Suite 101,

Kennewick, WA 99336.

United States Phone: 509.205.4070

[email protected]