Acceptance of These Terms
By accessing or using the services provided by Bearcrest Holdings, accessible at bearcrestholdings.site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations in the State of California. These terms constitute a legally binding agreement between you and Bearcrest Holdings. If you do not agree with any of these terms, you are prohibited from using or accessing this site or our creative services. The materials contained in this website are protected by applicable copyright and trademark law. We reserve the right to review and amend any of these terms of service at our sole discretion. Upon doing so, we will update this page. Any changes to these terms will take effect immediately from the date of publication.
Professional Services and Client Responsibility
Bearcrest Holdings provides high-conversion ad creative design, including but not limited to Direct Response Ad Design, Dynamic Product Infographics, and UGC-Style Ad Overlays. While we utilize performance-backed psychology and data-driven design strategies, the client acknowledges that advertising performance is subject to numerous external factors beyond our control, such as platform algorithms, market trends, and product quality. The client is responsible for ensuring that all product claims, testimonials, and brand assets provided to Bearcrest Holdings for design purposes are truthful, accurate, and compliant with Federal Trade Commission (FTC) guidelines and California fair advertising laws.
Intellectual Property and Ownership Rights
Upon full payment for services rendered, Bearcrest Holdings grants the client a comprehensive license to use the final delivered creative assets for their intended advertising and marketing purposes. However, Bearcrest Holdings retains the rights to use the created assets in its professional portfolio, case studies, and marketing materials to demonstrate expertise, unless a non-disclosure agreement (NDA) is specifically signed and paid for by the client. Any preliminary sketches, unused design concepts, or proprietary AI-generated frameworks developed during the design process remain the exclusive intellectual property of Bearcrest Holdings and may not be used or reproduced without written consent.
Limitation of Liability and Indemnification
To the maximum extent permitted by the laws of California, Bearcrest Holdings and its associates shall not be held liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, including but not limited to loss of profits, ad account suspensions, or legal disputes arising from client-provided content. You agree to indemnify, defend, and hold harmless Bearcrest Holdings from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from your violation of these terms or your use of the final creative assets in a manner that violates third-party rights or government regulations.
California Governing Law and Dispute Resolution
These terms and conditions are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration in the County where Bearcrest Holdings is registered or operates. You waive the right to participate in a class-action lawsuit or class-wide arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims that might arise between us.
Termination and Refund Policy
Bearcrest Holdings reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Due to the digital and custom nature of ad creative design, all payments are generally non-refundable once the design process has commenced. If a project is cancelled before work has started, a partial refund may be issued at the discretion of management, minus any administrative or processing fees. Continued use of our website or services after any changes to these terms will be regarded as acceptance of our updated practices.
Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please reach out to our legal compliance team at: Email: contact@bearcrestholdings.site