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Terms & Conditions

Last Updated April 2024

Welcome to espresso-yourself.com, operated by I Sipped It So It's Mine, LLC, doing business as Espresso Yourself ('Company,' 'we,' 'us,' or 'our'). By engaging with espresso-yourself.com ('Website'), you ('Client,' 'User,' or 'You') signify your agreement to be bound by these Terms & Conditions ('Terms').

Upon using our Website, you are consenting to these Terms along with our Privacy Policy, which is integrated herein by reference. It is imperative that you read and fully understand these Terms before using our offerings. If at any point you find these Terms not in alignment with your expectations or requirements, or if you disagree with any part of these Terms, you have the option to discontinue using our Website and services immediately.

Acceptance of Terms

All programs, products and services ​are owned and provided by Espresso Yourself (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering.

You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at support@espresso-yourself.com ​and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

Overview of Terms and Agreement

This website is owned and operated by I Sipped It So It's Mine LLC, dba Espresso Yourself a Delaware based company. Our principal place of business is located in Ramona, California. Espresso Yourself is a web design company specializing in custom solutions for personal brands and boutique businesses. 

General Provisions


You must be at least 18 years old to use our Offering(s). By using our Offering(s), you represent and warrant that you meet this age requirement and are capable of forming legally binding contracts under applicable law.


Eligibility Requirements

At Espresso Yourself, we are dedicated to delivering a diverse array of digital design solutions and resources, collectively referred to as our "Offering(s)". This includes, but is not limited to, branding services, custom and semi-custom web design, website templates, and free digital downloads and resources. Our Offering(s) are designed to meet the unique needs of personal brands and boutique businesses seeking to enhance their online presence. These Offering(s) include:

  • Branding Services: Custom brand identity development to distinguish your brand in the marketplace.
  • Custom Web Design: Tailored web design services, from concept to launch, to meet your unique online presence requirements.
  • Semi-Custom Web Design: High-quality web designs based on pre-designed templates, customized to fit your brand identity for a quicker turnaround.
  • Website Templates: Ready-to-use, customizable website templates for immediate application and flexibility.
  • Free Digital Downloads and Resources: A variety of support materials, including digital downloads, guides, tutorials, and other resources, designed to enhance your brand's presence and operational efficiency online. These materials are provided at no cost and are intended for your personal or business use, subject to the terms outlined herein.

Services

Modifications in semi-custom web designs and templates are subject to predefined terms. Clients are advised to discuss their specific needs to ensure they align with our service capabilities. The free digital downloads and resources are provided "as is" without warranty of any kind, express or implied, and your use of such materials is at your own risk.

Services Limitations

Upon full payment and project completion, clients are granted a non-transferable license to use the final design for their website and branding. Espresso Yourself retains the right to showcase the work in its portfolio and marketing materials. For free digital downloads and resources, Espresso Yourself grants you a limited, personal, non-exclusive, and non-transferable license to use these materials for your personal or internal business purposes.

Usage Rights

All designs, templates, and creative work developed by Espresso Yourself are the intellectual property of Espresso Yourself or are used with permission or licensing from third parties. Clients may use delivered work for their personal or business use under the terms defined in the Offering(s) agreement but may not claim it as their own creation or use it beyond the agreed-upon scope without Espresso Yourself's consent.

It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

Intellectual property

While we protect our intellectual property rights rigorously, we also understand and appreciate the value of sharing in the digital age. You are permitted to use our intellectual property (such as designs, images, text, quotes, or posts) with clear and obvious credit back to our site, including links back to the specific page where the original material is located, when it is appropriate and feasible to do so.

However, it is crucial to remember that under no circumstances may you claim any of our intellectual property as your own or as your unique creation, even with attribution. This policy ensures respect for the creative efforts and proprietary rights of Espresso Yourself and supports a community of mutual respect and innovation.

We are committed to fostering a creative and inspiring online environment. Your respect for our intellectual property rights plays a significant role in allowing us to continue providing high-quality, innovative content for everyone who wishes to Espresso Themselves.

Use of Intellectual Property with Attribution

Clients are expected to provide timely and constructive feedback throughout the design process, furnish Espresso Yourself with all necessary content (text, images, etc.) in a lawful and rights-cleared manner, and collaborate openly to ensure project success. Clients are also responsible for final content proofreading and approval before project completion.


Client Responsibilities

By using our Offering(s), you agree not to directly compete with us or use our content to create competing products for a period of five years from your last use of our Offering(s).



Non-Compete Agreement

Payment Options: At Espresso Yourself, we understand the diverse needs of our clients. To accommodate this, we offer flexible payment options for our Offering(s). Clients can choose to pay in full at the start of a project or select a monthly installment plan. Specific terms, including the payment schedule and amounts, will be outlined in your personalized service agreement.

Payment Terms: Our engagement with your project begins upon receipt of the initial deposit or the first installment payment, as detailed in our agreement. We commit to providing clear, detailed invoices and payment schedules for transparency and ease of understanding. This ensures both parties have a clear understanding of financial obligations from the outset.

Late Payment Policy: We offer a 15-day grace period for payments following the due date. Should payment not be received within this period, a late fee of $35 may be applied to the outstanding amount. We understand that circumstances can arise, and we encourage clients to communicate with us should they face difficulties meeting payment deadlines. Continued non-payment, however, may necessitate the suspension or termination of Offering(s), as detailed in our service agreement.

Refund Policy: Due to the bespoke nature of our offerings, including branding, custom web design, and semi-custom design services, our refund policy is limited. Refunds are primarily subject to the specific conditions outlined at the time of purchase, which are detailed in your service agreement. For semi-custom designs and template purchases, please note that all sales become final upon the download or initiation of the service. This policy reflects the digital and customized nature of our offerings, which cannot be returned or resold.

Monthly Installments: Clients opting for monthly installment plans are responsible for completing all payments as outlined in their service agreement. Failure to complete these payments may result in service suspension or additional charges, as specified in the contract terms.

Non-Payment and Collections: In the event that an account remains unpaid 90 days after the payment due date, Espresso Yourself reserves the right to submit the outstanding balance to a collections agency. Prior to taking this step, we will make every effort to contact you and resolve the payment issue directly. This action is considered a last resort and is taken only after all other attempts to settle the outstanding amount have failed.

  • Communication Before Action: We understand that financial situations can change. We encourage open communication and will work with you to find a solution before any action is taken. It is crucial to keep us informed of any difficulties in meeting your payment obligations as soon as they arise.
  • Impact of Collections: Be aware that once an account is submitted to collections, it may impact your credit rating. Additionally, you will be responsible for any collections fees, which will be added to your account balance.
  • Legal and Collections Fees: Should it become necessary to pursue collections, you will be liable for any legal and collections fees incurred by Espresso Yourself in the process of recovering the debt.

By choosing Espresso Yourself for your branding and web design needs, you agree to these payment and refund terms. Our goal is to provide clarity and support throughout our working relationship, ensuring a successful partnership.

Payment Policy and Refunds

Espresso Yourself continually strives to innovate and expand its offerings to better serve the needs of our clients. As such, we reserve the right to introduce new services, products, and resources, including but not limited to digital tools, subscription services, online courses, and exclusive content.

Notification and Acceptance: Any new services will be announced through our website and/or via direct communication to our existing clients. By continuing to use Espresso Yourself’s services after the introduction of new offerings, you agree to be bound by the terms and conditions applicable to these new services.

Feedback and Suggestions: We welcome and encourage feedback or suggestions for new services or improvements to existing offerings. Please note that any feedback or suggestions submitted become the intellectual property of Espresso Yourself, and we may use these contributions without obligation to offer compensation.

Adjustment of Terms: Specific terms and conditions applicable to new services will be integrated into this document and will be effective immediately upon their posting on our website. We encourage our clients to review our Terms and Conditions regularly to stay informed about their rights and obligations regarding new and existing services.



Expansion of Services

We may change or discontinue any aspect of our Offering(s) at our discretion without notice. We are not liable if any part of the Offering(s) is unavailable at any time. We may also update the content on our Offering(s), but are not obligated to keep content current.




Changes to Services

Security​ ​and​ ​Assumption​ ​of​ ​Risk 

Your right to confidentiality is not guaranteed unless it is specifically stated in a separate client agreement or as implicitly required by law or fiduciary obligations.

Confidentiality

When you use or engage with our Offering(s) and any related content—regardless of whether you've made a purchase or are accessing free resources—you accept full responsibility for the risks involved. This includes any decisions or actions you might take based on the information, guidance, or materials we provide.

Risk Acknowledgement

Please be aware that any form of communication you engage in with us, whether it be through our contact forms, blogs, comments, newsletter subscriptions, direct emails, phone calls, or any other channel, will not be considered confidential or proprietary. Such communications may be viewed by, and shared with, third parties as permitted by United States law. We reserve the right to own and use all content shared through these channels on our website, in our communications, and across our media platforms without obligation to offer compensation or acknowledgment for any unsolicited contributions.

For details on the handling and storage of your communications and personal data, please consult our Privacy Policy.

Furthermore, we hold the right to republish any material you submit, in whole or in part, as deemed necessary for our business operations. You are hereby advised against submitting any content that is illegal, libelous, deceitfully harmful, obscene, abusive, negligent, or otherwise objectionable or inappropriate.

Communication Policy

Espresso Yourself does not promise or guarantee the complete accuracy, timeliness, performance, or appropriateness of the information provided in our Offering(s) and materials. We shall not be held responsible for any inaccuracies, errors, or any consequences arising from reliance on the information or personal opinions found in our Offering(s) or associated content.

Accuracy and Reliability

Indemnification,​ ​Limitation​ ​of​ ​Liability​ ​and​ ​Release​ ​of​ ​Claims

Our Offering(s) and all content are provided "as is" without any warranties. We are not liable for any damages arising from your use of our Offering(s) obtained through our Website.

You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our Offering(s) purchased therefrom or via materials requested through email. 




No Warranties; Limitation of Liability

You agree to protect, indemnify, and hold harmless Espresso Yourself, its affiliates, representatives, contractors, employees, officers, directors, shareholders, joint venture partners, successors, transferees, assignees, and licensees against any claims, liabilities, damages, costs, and expenses, including legal fees, that arise from or relate to your use of our Offering(s).

Indemnity agreement

Espresso Yourself shall not be liable for any damages or losses resulting from your use of, or reliance on, the information, products, or materials provided through our Offering(s). This includes any issues arising from third-party actions, accidents, delays, or any adverse outcomes linked to accessing our Offering(s) and related content.

Limitation of Liability

Our website may feature affiliate links to various products and Offering(s). Espresso Yourself is not liable for any transactions or outcomes that occur through these affiliate links. We aim to clearly identify when an affiliate link is used within our content for transparency. By using these links, you acknowledge and agree to assume responsibility for any results that may follow, whether they are benefits or consequences.

Affiliate Disclosure

Unauthorized use of the Offering(s), content, or intellectual property provided by Espresso Yourself, a DBA of I Sipped It So It's Mine, LLC, may result in civil or criminal penalties. This includes, but is not limited to, copyright infringement, unauthorized reproduction or distribution of any materials, or breach of these Terms & Conditions. We reserve the right to pursue legal action, including but not limited to, seeking financial penalties, injunctive relief, and prosecution to the fullest extent of the law.

Protection of Services and Enforcement of Rights


We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.

Notification of Use

Should any disputes arise between the parties that cannot be resolved through mutual agreement, both parties agree to submit to binding arbitration according to the American Arbitration Association's rules. The outcome of the arbitration, as determined by the arbitrator(s), shall be final and binding on both parties. The arbitration proceedings will take place in New Castle, DE. Should it become necessary to move the arbitration from this location, the Company reserves the right to select an alternative venue. Costs associated with the arbitration process shall be shared equally by both parties.

Arbitration Agreement

Espresso Yourself reserves the right to terminate your access to our website and any related Offering(s) immediately, without prior notice, if we determine that you have breached these Terms and Conditions. We hold sole discretion over granting or revoking website access to any user. Should we choose to terminate your access, we may also block your IP address to prevent further visits to our site(s).

Termination Policy

In the event of a dispute, both parties agree to first seek resolution through direct communication. If unresolved, disputes shall proceed to binding arbitration under the American Arbitration Association's rules, to be held in New Castle, DE, unless mutually agreed otherwise. Costs associated with arbitration shall be borne as determined by the arbitrator.






Dispute resolution

We expect all interactions with or about Espresso Yourself, including comments on our Offering(s) and materials, to be respectful and constructive. Should you engage in slander, libel, or any form of disparagement against our company, we may terminate your access to our Offering(s) and communications. Additionally, we retain the right to pursue legal action for any conduct that significantly damages our company's reputation or operations.






Respectful Communication

We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. We will notify you of any changes, which become effective upon posting. Please review these Terms periodically for updates. Your continued use of the Offering(s) after any change signifies your acceptance of the new Terms.



Modifications to Terms

If, after agreeing to these Terms, you decide to opt-out, please follow the process below to formally withdraw your consent:

  • Notification: Send us an email at support@espresso-yourself.com indicating your decision to opt-out of the Terms you previously agreed to.
  • Confirmation of Opt-Out: Upon receiving your opt-out request, we will provide you with a confirmation email acknowledging the receipt of your decision to withdraw.
  • Account Deactivation: If you have an account with us, please indicate in your opt-out request whether you wish to deactivate your account. We will guide you through the process of deactivating your account.
  • Further Assistance: Should you require assistance or have questions about the opt-out process, feel free to contact us using the provided contact information. Our team is here to help you understand your options and the implications of opting out.

We are committed to ensuring that your interaction with our Website is in your best interest. Remember, opting out means that you may no longer have access to certain Offering(s) provided through our Website. Please consider this decision carefully, and we're here to provide any additional information you may need to make an informed choice.

Process for Opting-Out

We are committed to protecting your privacy and handling your data with transparency and care. Our use of your personal information is described in our Privacy Policy, which forms part of these Terms. By accepting these Terms, you also acknowledge and agree to the practices described in the Privacy Policy.

These rewritten and new sections aim to clarify the responsibilities, expectations, and procedures for both Espresso Yourself and its clients, ensuring a transparent and mutually beneficial relationship.






Data Protection and Privacy

Should any section of these Terms and Conditions, Privacy Policy, or Disclaimer be found invalid or unenforceable by a court of law, the remainder of the document shall continue to be valid and enforceable, maintaining the integrity of our agreement. Waivers of rights under this Agreement are only effective if made in writing and signed by an authorized representative of Espresso Yourself.

Severability and Waiver

This Agreement and the relationship between the parties are governed by the laws of the State of Delaware and California. In cases where these states' laws may conflict, Delaware law shall prevail.

Governing Law

Espresso Yourself reserves all rights not specifically granted within these Terms and Conditions or through explicit written agreements.

Reservation of Rights

By registering on our website or making a purchase, you'll be prompted to agree to our Privacy Policy. This agreement, combined with the Terms and Conditions outlined here, forms the full and entire agreement between you (the user) and Espresso Yourself regarding your use of our website.





Acknowledgement

By accessing our website, you agree to abide by our Terms and Conditions.

Should you need further clarification or have inquiries regarding our Terms and Conditions, Privacy Policy, Payment and Refund Policy, or Disclaimer, we encourage you to reach out to us via email at support@espresso-yourself.com.




Complete Agreement