Terms of service

OVERVIEW

Welcome to QuietBag. These Terms of Service (“Terms”) govern your access to and use of the QuietBag website, store, content, products, and services. The terms “QuietBag,” “we,” “us,” and “our” refer to Quiet Bag LLC, a Washington limited liability company, doing business as QuietBag.

QuietBag operates this website, online store, and related digital properties, including all information, content, features, tools, products, and services made available through them (collectively, the “Services”), in order to provide you with a curated shopping, content, and service experience.

These Terms, together with any policies referenced herein, describe your rights and responsibilities when you use our Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and rules that apply to purchases of products and services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are using the Services with the involvement and consent of a parent or legal guardian.

To use certain parts of the Services, including browsing our online store, purchasing products or services, submitting inquiries, or requesting proposals, you may be asked to provide certain information, such as your name, email address, billing information, payment information, shipping information, business information, or other details relevant to the transaction or service request. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the confidentiality and security of your account credentials, if any, and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person or entity without our prior written consent.

We reserve the right to refuse access to the Services, suspend accounts, cancel transactions, or limit use of the Services at any time, in our sole discretion, including where we believe a user has violated these Terms or applicable law.

OUR PRODUCTS

We make every effort to provide an accurate representation of our products in our online store. However, colors, textures, sizes, and other product characteristics may appear differently depending on your device, screen settings, and configuration.

We do not warrant that the appearance, quality, or performance of any product purchased by you will meet your subjective expectations or be exactly as displayed on your screen.

All product descriptions, product availability, and related content are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered to any person, household, business, geographic region, or jurisdiction, on a case-by-case basis.

OUR SERVICES

In addition to physical products, QuietBag offers creative, strategic, consulting, coaching, speaking, and digital services, which may include, without limitation:

Digital Marketing

  • Social Media Management
  • Search Engine Optimization (SEO)
  • Content Strategy and Planning
  • Content Creation, including photography, videography, and editing

Branding and Design

  • Logo Design
  • Brand Identity Development
  • Graphic Design

Website Development

  • Custom Website Design and Development
  • E-Commerce Website Development
  • Website Hosting, Support, and Maintenance
  • Website Redesign and Optimization

Business Consulting and Coaching

  • Business and Nonprofit Consulting
  • Startup and Small Business Strategy
  • Leadership Development, Strategic Planning, and Organizational Structure Advisory
  • Executive Coaching and Coaching for Nonprofit Leaders

Public Speaking

  • Speaking engagements and presentations related to finances, inspiration, leadership, and related topics

Descriptions of services on our website, proposals, invoices, statements of work, presentations, emails, and related materials are for general informational purposes only and do not create a binding obligation unless and until we have accepted the engagement in writing.

We reserve the right to accept or decline any service request, project, speaking engagement, consulting arrangement, coaching relationship, subscription, or retainer arrangement for any reason, in our sole discretion.

SERVICE ENGAGEMENTS, PROPOSALS, AND CLIENT APPROVAL

All services require a proposal, statement of work, service agreement, monthly retainer agreement, invoice, or similar written approval before work begins. Once a client signs the proposal or agreement and payment is made as required, the engagement becomes binding.

Unless otherwise expressly agreed in writing:

  • full payment is due upon signing of the applicable proposal, agreement, or invoice unless agreed on differently
  • engagements are non-cancelable once signed;
  • payments made for services are non-refundable once the engagement is accepted and the contract is signed;
  • project timelines depend in part on the client’s timely delivery of content, approvals, access, and feedback.

We may, in our discretion, pause, delay, or reschedule performance where the client has not provided necessary materials, decisions, approvals, access, or cooperation.

CLIENT RESPONSIBILITIES FOR SERVICES

If you engage QuietBag for services, you agree that you are responsible for:

  • providing accurate, complete, and timely information, materials, access credentials, and approvals;
  • ensuring that you have the legal right to use and share with us any logos, images, videos, music, trademarks, written materials, data, or other content you provide;
  • reviewing and approving deliverables, drafts, concepts, and content within a reasonable time;
  • complying with applicable laws, regulations, platform rules, and advertising standards related to your business, organization, or campaign.

You acknowledge that delays in providing information, materials, approvals, or access may delay project completion, campaign rollout, deliverables, or other outcomes, and QuietBag shall not be liable for such delays.

NO GUARANTEED RESULTS

QuietBag does not guarantee any specific outcome, performance level, business result, audience growth, engagement rate, search ranking, traffic level, lead volume, conversion rate, fundraising result, media reach, revenue increase, brand recognition, or other measurable result from any product or service.

All services are provided on a best-efforts basis unless otherwise expressly stated in a separately signed written agreement. Results depend on many variables outside our control, including market conditions, platform changes, competitor activity, your business model, your offer, your internal execution, third-party algorithms, audience response, and the quality and timeliness of materials and approvals provided by you.

You acknowledge that marketing, branding, consulting, website performance, coaching, speaking, and related strategic work involve judgment, creativity, experimentation, and variables that cannot be fully controlled or guaranteed.

SPEAKING, COACHING, CONSULTING, AND EDUCATIONAL DISCLAIMER

QuietBag’s speaking, consulting, coaching, and educational content may include discussion of finances, leadership, business strategy, nonprofit strategy, and inspiration. Unless expressly stated in a separately signed written agreement, such services and content are provided for general educational and informational purposes only.

QuietBag does not provide legal, tax, accounting, investment advisory, fiduciary, psychological, therapy, or other licensed professional services through the website or under these Terms. Any decisions you make based on our content or services are made at your own risk. You are solely responsible for obtaining advice from your own licensed legal, tax, accounting, investment, insurance, or other professional advisors where appropriate.

MONTHLY RETAINERS, SUBSCRIPTIONS, AND RECURRING SERVICES

Certain services may be offered on a recurring basis, including monthly retainers, subscriptions, maintenance plans, support arrangements, coaching engagements, or similar ongoing service relationships.

Unless otherwise stated in a separate signed agreement:

  • recurring services renew according to the billing cycle stated in the applicable proposal, agreement, or invoice;
  • payment is due in advance of the service period;
  • failure to make timely payment may result in suspension or termination of the applicable services;
  • no results are guaranteed during any service period;
  • fees already paid are non-refundable except as required by law or expressly stated in writing.

If a recurring engagement includes website support, maintenance, hosting coordination, strategic advisory, or marketing support, we may suspend work, disable access, pause updates, or otherwise stop performance for nonpayment, breach of these Terms, or breach of the applicable service agreement.

WEBSITE HOSTING, MAINTENANCE, AND NONPAYMENT

Where QuietBag provides website hosting support, website maintenance, or related recurring services, such services are offered subject to the specific scope set forth in the applicable proposal or agreement.

Unless expressly agreed in writing, QuietBag does not guarantee uninterrupted uptime, platform availability, data retention, security against all threats, compatibility with all third-party tools, or uninterrupted third-party integrations.

We reserve the right to suspend or terminate website-related services for nonpayment, late payment, client breach, misuse, or any other material violation of the applicable agreement. QuietBag is not liable for any losses arising out of a lawful suspension or termination for nonpayment or breach.

PORTFOLIO RIGHTS

Unless otherwise agreed in writing, QuietBag may identify you as a client and may display, publish, reproduce, and use non-confidential work product, project summaries, campaign materials, website screenshots, branding samples, public-facing deliverables, and related materials for our portfolio, case studies, website, social media, pitch materials, presentations, awards submissions, and marketing purposes.

If you request confidentiality in writing and we agree to it in writing, we will honor that agreement with respect to the materials covered by the confidentiality request.

ORDERS

When you place an order for a product or service through our website, you are making an offer to purchase. QuietBag reserves the right to accept or decline any order in its sole discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate changes or cancellation requests after an order has been accepted.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Purchases of products are subject to our Refund Policy [LINK]. Shipping and delivery terms for physical products are subject to our Shipping Policy [LINK]. Service purchases and signed service agreements are subject to the cancellation and refund rules stated in these Terms and in any separately executed proposal or agreement.

You represent and warrant that your purchases are for your own personal, household, organizational, or internal business use, and not for unauthorized resale, redistribution, or export.

PRICES AND BILLING

Prices, discounts, promotions, service packages, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed or the service agreement is signed, unless otherwise expressly stated in writing.

Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, duties, import charges, or other applicable fees.

Prices posted on our website may differ from pricing offered through private proposals, custom scopes, speaking agreements, partner arrangements, third-party platforms, or limited promotions.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our Services. You agree to promptly update your account and other information, including your email address, billing information, and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  1. the payment information you provide is true, correct, and complete;
  2. you are duly authorized to use the payment method provided;
  3. charges incurred by you will be honored by your payment provider; and
  4. you will pay all charges incurred by you at the posted or agreed prices, including applicable taxes and fees.

SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather events, supply chain interruptions, labor disruptions, force majeure events, or circumstances outside our control.

Unless otherwise required by applicable law, title and risk of loss for physical products pass to you when we transfer the product to the carrier. Additional shipping terms, processing details, and delivery information are available in our Shipping Policy [LINK].

You are responsible for providing an accurate shipping address. We are not responsible for delays, losses, or additional costs resulting from inaccurate shipping information provided by you.

INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, brand names, logos, designs, text, graphics, product descriptions, photographs, videos, audio, website layouts, course materials, presentations, proposals, downloads, creative assets, and the design, selection, and arrangement thereof, are owned by QuietBag, its affiliates, licensors, or service providers, and are protected by United States and foreign intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial, internal business, or internal organizational use only, as applicable. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, license, sell, or exploit any material from the Services without our prior written consent, except as expressly permitted by law or by a separate written agreement with us.

Nothing in these Terms grants you any license or other rights in any patent, copyright, trademark, trade dress, service mark, trade secret, or other proprietary right of QuietBag, Shopify, or any third party, except for the limited right to access and use the Services as expressly permitted by these Terms.

The names “QuietBag,” related logos, slogans, product names, service names, and brand elements are trademarks or proprietary assets of Quiet Bag LLC or its licensors. You must not use them without prior written permission.

OPTIONAL TOOLS

You may be provided with access to tools, integrations, plug-ins, software, or other functionality offered by third parties as part of the Services. We neither monitor nor control such third-party tools and make no representations regarding them.

You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without 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 third-party tools is entirely at your own risk and discretion, and you should ensure that you understand and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also offer new features, resources, or tools in the future. Such new features and tools shall also be deemed part of the Services and subject to these Terms.

THIRD-PARTY LINKS

The Services may contain materials, embedded functionality, or links to websites or services operated by third parties. We are not responsible for examining or evaluating the content, accuracy, legality, or practices of any third-party materials, websites, products, or services.

If you choose to access any third-party website or service, you do so at your own risk. We are not liable for any harm, loss, damages, or claims related to your access to or use of any third-party website, service, product, or content.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

RELATIONSHIP WITH SHOPIFY

QuietBag is powered by Shopify, which enables us to provide certain aspects of the Services to you. However, any sales and purchases you make through our store are made directly with QuietBag, not Shopify.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale, product, service, or transaction between you and QuietBag, including any injury, damage, delay, defect, or loss arising from products or services purchased from us. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases or transactions with QuietBag.

PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Because the Services are hosted or supported in part by Shopify and other third-party providers, certain personal information may also be collected, processed, or stored by Shopify and other service providers in accordance with their applicable policies.

By using the Services, you acknowledge that you have read and understand our Privacy Policy and that your information may be processed in accordance with it.

FEEDBACK

If you submit, upload, post, email, message, or otherwise transmit any ideas, suggestions, reviews, proposals, concepts, plans, comments, or other materials to us (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, transferable, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, distribute, display, and otherwise exploit such Feedback in any medium and for any purpose, including commercial purposes, without compensation to you.

You represent and warrant that:

  1. you own or control all rights in the Feedback or otherwise have the right to grant the license set forth above;
  2. your Feedback does not violate the rights of any third party; and
  3. your Feedback complies with these Terms and applicable law.

We are under no obligation to keep Feedback confidential, pay compensation for Feedback, or respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, infringing, offensive, misleading, defamatory, obscene, harmful, or otherwise objectionable.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, service descriptions, pricing, promotions, offers, shipping charges, transit times, timelines, availability, or other information.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or service requests if any information in the Services or in any related communication is inaccurate, at any time and without prior notice, including after you have submitted an order or inquiry.

PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, abusive, or malicious purpose;
(b) to violate any international, federal, state, provincial, territorial, or local law, regulation, rule, or ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, intimidate, threaten, defame, disparage, or harm us, our clients, our partners, or any other person;
(e) to transmit false, deceptive, or misleading information;
(f) to upload, submit, or distribute any material that violates these Terms;
(g) to send unsolicited advertising, spam, junk mail, chain letters, or similar solicitations;
(h) to impersonate another person or entity or falsely state your affiliation with any person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that may harm QuietBag, Shopify, our clients, or users of the Services.

In addition, you agree not to:
(a) upload or transmit viruses, malware, or malicious code;
(b) reproduce, duplicate, copy, sell, resell, scrape, or exploit any portion of the Services without authorization;
(c) collect or track the personal information of others without authorization;
(d) use bots, spiders, crawlers, scrapers, data-mining tools, or similar methods; or
(e) interfere with or circumvent the security features of the Services or any related website, platform, or system.

We reserve the right to suspend, disable, restrict, or terminate your access to the Services at any time, without notice, if we determine that you have violated these Terms or applicable law.

TERMINATION

We may terminate these Terms or your access to the Services, or any part thereof, at any time and in our sole discretion, without notice. You remain liable for all amounts due up to and including the date of termination.

The following provisions survive termination: Intellectual Property, Our Services, Service Engagements, Client Responsibilities, No Guaranteed Results, Speaking, Coaching, Consulting, and Educational Disclaimer, Portfolio Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, usefulness, or reliability of such information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY QUIETBAG IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES, ALL PRODUCTS, ALL CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DURABILITY, PERFORMANCE, AVAILABILITY, OR RESULTS.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QUIET BAG LLC, QUIETBAG, OR ANY OF OUR MEMBERS, MANAGERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCTS OR SERVICES PROCURED THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Quiet Bag LLC, QuietBag, Shopify, and our respective affiliates, partners, members, managers, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your breach of these Terms or any document incorporated by reference;
  2. your violation of any law or the rights of any third party;
  3. your misuse of the Services;
  4. any materials, data, content, or instructions you provide to us; or
  5. your business operations, advertising, products, services, campaigns, or public statements.

We may control the defense and settlement of any indemnified claim at your expense, provided that we will not settle any claim requiring you to admit liability or undertake non-monetary obligations without your consent, not to be unreasonably withheld. You agree to cooperate in the defense of any such claim.

SEVERABILITY

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

WAIVER; ENTIRE AGREEMENT

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

These Terms, together with any policies, proposals, invoices, service agreements, statements of work, and other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the Services and supersede all prior and contemporaneous communications, negotiations, proposals, or understandings, whether oral or written, relating to the same subject matter, except where the parties have entered into a separate signed written agreement that expressly controls.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

ASSIGNMENT

You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this section is null and void.

We may assign, transfer, delegate, or subcontract our rights or obligations under these Terms without notice to you.

GOVERNING LAW

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any purchase of products or services from QuietBag shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Washington, and you consent to the personal jurisdiction and venue of such courts.

HEADINGS

The headings in these Terms are included for convenience only and do not affect their interpretation.

CHANGES TO TERMS OF SERVICE

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

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting changes to our website. If we make material changes, we will provide notice as required by applicable law. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

CONTACT INFORMATION

Questions about these Terms should be sent to us at luke@quietbag.club.

Our contact information is as follows:

Quiet Bag LLC
d/b/a QuietBag
Email: luke@quietbag.club