Terms of Service


Definitions

Agreement means this Services Agreement

Client means the person or company that has formally entered into the agreement. (That’s you; “you”)

Indie Copy refers to the business entity trading as Indie Copy, Indie Copy, LLC, Indie Copy dba Indie Coaching. (That’s me; “me”, “I”)

Quotations means a formal proposal document or price estimates provided over a video call, on the website, or by email.

VIP Intensive Day means a 4-hour block of time for Indie Copy to provide creative services to ‘The Client.’

Coaching means a package of time for dba Indie Coaching to provide business consultation services to ‘The Client.’ This can take the form of digital products, group video calls, individual video calls, voice and text apps, asynchronous support, and a combination of these forms.

Terms and Conditions

1. USE OF FREE DOWNLOADABLE CONTENT

Indie Copy, LLC dba Indie Coaching may make resources on this Website accessible to users in exchange for providing an e-mail address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any manner.

By accessing or downloading the Gated Content, you agree that the Gated Content you may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.

By accessing downloading the Gated Content, you further agree that you shall not create any derivative work based upon the Gated Content and you shall not offer any competing products or services based upon any information contained in the Gated Content.

2. OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by Indie Copy, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including but not limited to text, graphics, photographs, video, design, and packages, belonging to Indie Copy or to our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our IP in whole or in part, without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are caught violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website (the “Content”) strictly in accordance with these Terms of Service.

As a condition of your use of the Website, you warrant to Indie Copy that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Indie Copy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, 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.

The Content is not for resale. Your use of the Content 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 will use protected content solely for your individual use and will make no other use of the Content without the express written permission of the Company and the copyright owner. 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 the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Indie Copy or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

3. PAYMENT

3.1 Should Client retain Indie Copy for a VIP Intensive the full amount of the rate is required upon scheduling. VIP Intensive rate reserves time exclusively dedicated to Client, so no refunds are granted for Intensive days should Client cancel.

3.2 Payment may be made by credit card or PayPal via the link included on the invoice.

3.3 Unless prior arrangements are made, payments not received within the specified payment terms will attract a late fee charge of $25.

3.4 If payment defaults Indie Copy may list Client with the appropriate debt collection and credit reporting agencies and Client will be responsible for such fees.

3.5 Any costs that are additional to the services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and will be charged to the Client as required.  These costs will be itemized separately in the invoice.

3.6 Client may terminate the job at any time. In this instance, Indie Copy will be compensated for work performed through date of termination, regardless of status of associated work, and Client will pay all expenses and fees incurred through and up to the date of termination. Indie Copy will remit an invoice for any additional associated fees and expenses due.

3.7 DIGITAL PRODUCT PAYMENT

Due to the nature of digital products, refunds will not be issued once an order has been placed and the product has been downloaded. If you are unable to download the digital product please contact Indie Copy, LLC at [email protected] within 7 days of purchase for assistance.

If you change your mind and have not downloaded the product a refund can be issued upon request within 7 days of purchase.

Downloads and views are closely monitored to ensure you are able to successfully access purchased digital products.

We recommend contacting us if you have any questions before you purchase.

3.8 COACHING PAYMENT

Once coaching or consulting services have been rendered, there are absolutely no refunds. We firmly believe in the value and effectiveness of our coaching, and the results achieved depend on your commitment, openness to being coached, and willingness to put in the necessary effort.

While we cannot guarantee specific results in a coaching relationship, we are dedicated to supporting you throughout the process and providing valuable guidance. We strive to deliver the agreed-upon services and assist you in your professional growth journey.

If, after working with us, you find that you are not completely satisfied with your investment and are on a payment plan, you may request that we stop collecting future payments. However, please note that any services already rendered up to that point will not be eligible for a refund.

For clients who have made a payment in full and are unsatisfied with the coaching or consulting sessions, you may request a refund for any sessions that have not been rendered. We understand that circumstances may change, and we want to ensure your satisfaction with our services.

To request a refund or stop future payments, please contact our customer support team at [email protected]. We will review your request promptly and work with you to find a suitable resolution.

We value your trust and appreciate your understanding of our refund policy. If you have any questions or concerns regarding our services or refund process, please don't hesitate to reach out to our customer support team.

4. Website Security
4.1 MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code (“malicious code”) to our Website, we do not guarantee or warrant that our Website, or any data available on the Website, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.

4.2 SECURITY

The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.

4.3 THIRD PARTY RESOURCES

The Website contains links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Indie Copy. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indie Copy may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. Indie Copy does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

5. WARRANTIES, LIABILITY, RELEASE AND INDEMNITY

5.1 All materials provided by Client are assumed legal and accurate. Client warrants that it either owns or has permission to use the materials, and the materials do not infringe on the rights of any third-party.

5.2 Indie Copy warrants that services will be provided in a professional and workmanlike manner and in accordance with reasonable professional standards for such services.

5.3 Client agrees to indemnify and to hold Indie Copy, its owner, contractors, employees, assigns and successors, harmless against any and all losses, claims, liabilities, and expenses, including attorney’s fees, arising from this Agreement due to materials included in any work undertaken at the request of Client or advised, created, or produced by Indie Copy during a VIP day, digital products, or Coaching services. The services and work by Indie Copy are sold “as is.”

5.4 Any claim by Client as to incorrect performance or breach of these terms and conditions must be made to Indie Copy in writing within seven days of delivery.

5.5 With so many factors contributing to the success of a piece of copywriting, Indie Copy cannot make any guarantees as to the performance of the copy created for Client, including anything produced, created, or advised during a VIP day or Coaching.

5.7 Due to the complex nature of search engine ranking, Indie Copy cannot guarantee any specific ranking as a result of publishing optimized copywriting.

5.8 Indie Copy accepts no responsibility or liability for any actions taken by Client that cause the website of Client to be penalized or banned from any Search Engine.

6. TIMING AND FEEDBACK

6.1 Indie Copy will prioritize performance of services, and will undertake commercially reasonable efforts to perform services, within the time(s) identified in the Quotation. Client agrees that Indie Copy’s ability to deliver services depends on timely communication by Client and Client agrees to provide any materials, approvals or other communications within 5 days of any request. Any delay due to lack of Client communication is not a breach by Indie Copy of this Agreement.

7. Copyright and Fair Use Policy

At Indie Copy, LLC, we respect the intellectual property rights of others and strive to comply with all copyright laws and regulations. The following policy outlines our approach to copyright and fair use on our website.

7.1 Copyrighted Materials  All content on this website, including text, graphics, images, videos, and other materials, is protected by copyright and other intellectual property laws. The content on this website may not be copied, distributed, modified, or reproduced in any form without the express written permission of Indie Copy, LLC or the respective copyright owner.

7.2 Fair Use We recognize that there may be limited circumstances where the use of copyrighted materials may be considered fair use under the law. Generally, fair use includes the use of a small portion of a copyrighted work for the purpose of criticism, comment, news reporting, teaching, scholarship, or research.

To determine whether a particular use of copyrighted material is fair use, we consider the following factors:

  • The purpose and character of the use
  • The nature of the copyrighted work
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • The effect of the use on the potential market for or value of the copyrighted work

Examples of fair use may include quoting from a book in a book review, using a small portion of a song in a music critique, or using a screenshot of a movie in a news article.

Requests for Permission

If you wish to use copyrighted materials in a way that is not covered by fair use, you must obtain permission from the copyright owner. Please contact Indie Copy, LLC at [email protected] to request permission to use copyrighted materials.

If you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact Indie Copy, LLC to report the infringement.

By accessing or using this website, you agree to comply with all copyright laws and regulations. Indie Copy, LLC reserves the right to remove any content that violates these policies or that we believe may infringe on the rights of copyright owners.

8. MISCELLANEOUS

8.1 Indie Copy, LLC is an independent contractor, not an employee. I will provide services with the Client’s best interest in mind, but I will determine the manner and means of how the services will be accomplished and delivered.

8.2 Indie Copy reserves the right to assign work to subcontractors to ensure project deliverables are met. All subcontractors adhere to Indie Copy standards. The Client is not to have direct contact with the subcontractor without the authority of Indie Copy.

8.3 Indie Copy retains the right to reproduce, publish and display the final products, and online marketing materials, including social media or other promotions. If the Client would prefer this not to occur, please notify Indie Copy in writing.

8.4 Client and Indie Copy acknowledge that by reason of our relationship, some confidential information may be disclosed. We agree to maintain such confidential information in strict confidence and disclose the confidential information only to those who have a need to know such confidential information to fulfill the terms of this Agreement.

8.5 If any provision of this Agreement is deemed by a court of competent jurisdiction to be unenforceable, an enforceable provision will be substituted, but all of the remaining provisions will remain in full force and effect.

8.6 This Agreement may be modified, terminated, or waived at any time by separate agreement or amendment in writing signed by Indie Copy and Client.

8.7 This Agreement is governed by the laws of the state of Texas and Client agrees to the jurisdiction of the courts of the state of Texas, specifically, Dallas County.

8.8 The rights granted in this Agreement are cumulative, and the election of one will not constitute waiver of the right to assert other available remedies.

8.9 Testimonials Disclaimer. In accordance with Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this website are received in various forms via a variety of submission methods.

The testimonials, statements, and opinions presented on www.traciepatterson.com are applicable to the individuals who wrote them. Results vary and may not be representative of the experience of others. The testimonials are voluntarily provided and are not paid, nor were they provided with free products and services, or any benefits in exchange for their statements. 

The testimonials are representative of client experiences but the exact results will be unique and individual to each individual. 

The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information that is of no relevance to the general public.

8.10 Affiliates Disclosure. Some of the links on this website are “affiliate links.” That means if you click on a link and purchase the item, Indie Copy, LLC receives an affiliate commission. Please note, Indie Copy, LLC only recommends products or services that will add value to you. Indie Copy, LLC discloses this in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising. If an affiliate link is listed, Indie Copy, LLC will disclose it to you at the bottom of each blog post, page, or email newsletter, if applicable.