Terms of Service

Welcome to the website of Swayze Design Studio, LLC. This website is located at www.swayzestudio.com (the “Site”).

By accessing or using this Site, including browsing content, reading the blog, submitting a contact inquiry, or engaging with any feature of the Site you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please do not use the Site.

These Terms are the master governing document for your use of this Site and should be read together with our Privacy Policy (which governs data collection and use) and our Website Disclaimer (which addresses content limitations). In the event of any conflict between these documents on a shared topic, these Terms control.

1. Eligibility and Acceptance

By using this Site, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

We reserve the right to refuse access to the Site to anyone at any time, for any reason, at our sole discretion.

2. Permitted Use of the Site

You may access and use the Site for lawful purposes consistent with its intent: learning about our services, reading our blog content, and contacting us.

You agree that you will not:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation

• Copy, reproduce, distribute, publish, display, or create derivative works from any content on this Site without prior written permission

• Scrape, crawl, or use automated tools to extract content or data from the Site

• Attempt to gain unauthorized access to any part of the Site, its servers, or related systems

• Interfere with or disrupt the operation, security, or integrity of the Site

• Transmit any harmful, offensive, or disruptive content, including malware or spam

• Impersonate any person or entity in connection with the Site

• Use the Site or its content for commercial purposes without express written authorization

3. Intellectual Property

All content on this Site is the original work and intellectual property of Swayze Design Studio, LLC, or is used with permission, and is protected by applicable copyright, trademark, and intellectual property laws. This includes, without limitation:

• Written blog posts, articles, and UX resources

• Graphics, logos, visual branding, and design elements

• Service descriptions, frameworks, and methodologies

• Client case studies and testimonials (used with permission)

You may share brief excerpts or quotations for non-commercial purposes (such as review, commentary, or personal reference) provided that you give clear attribution to Swayze Design Studio, LLC and link back to the Site where possible. Any other use — including commercial use, republication, or adaptation — requires prior written permission.

The name “Swayze Design Studio,” the “Swayze Studio” brand, and any associated logos or marks may not be used without express written consent.

4. Client Services and Engagements

The services described on this Site (website audits, redesigns, new website builds, and site management) are provided pursuant to separate written agreements or contracts between Swayze Design Studio, LLC and each client. Nothing on this Site constitutes a binding offer, guarantee of availability, or contract for services.

Any engagement for services will be governed by a separate client agreement, which will control in the event of any conflict with these Terms with respect to that engagement. Pricing, scope, timelines, and deliverables are subject to the terms of that individual agreement.

5. Blog and Educational Content

The blog and other written content on this Site are provided for informational and educational purposes only. See our Website Disclaimer for important limitations regarding reliance on this content.

6. Third-Party Links and Services

This Site may contain links to third-party websites, platforms, or services including social media platforms, client websites, the UXPA community, and our Etsy shop. These links are provided for convenience only.

We do not endorse, control, or assume responsibility for the content, policies, or practices of any third-party site. Your use of third-party sites is subject to their own terms and policies. We are not liable for any loss or damage arising from your use of or reliance on third-party services.

7. Etsy Shop

Swayze Design Studio, LLC operates a separate Etsy shop for art commissions. Purchases made through that shop are subject to Etsy’s Terms of Use and the shop’s individual listing policies. These Terms do not govern transactions conducted on Etsy’s platform.

8. Testimonials and Client Work

This Site features testimonials and client project references shared with permission. These reflect the genuine experiences of individual clients and are not intended to represent typical or guaranteed outcomes. Results will vary based on individual business needs, scope, and circumstances. See our Website Disclaimer for further detail.

9. No Warranties

This Site and all of its content are provided on an “as-is” and “as-available” basis, without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement

• Warranties that the Site will be uninterrupted, error-free, or free of harmful components

• Warranties regarding the accuracy, completeness, or currency of any content on the Site

Your use of the Site is entirely at your own risk.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Swayze Design Studio, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, goodwill, or business opportunity

• Damages resulting from your use of or inability to use the Site

• Damages resulting from reliance on any content or information on the Site

• Unauthorized access to or alteration of your data or transmissions

This limitation applies regardless of the legal theory asserted and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

This section governs over any limitation of liability language in the Website Disclaimer. The Disclaimer’s liability section provides a summary reference; this section controls.

11. Indemnification

You agree to indemnify, defend, and hold harmless Swayze Design Studio, LLC and its members, agents, representatives, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: your use of or access to the Site; your violation of these Terms; your violation of any third-party right, including intellectual property or privacy rights; or any content you submit to or through the Site.

12. Privacy

Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or your use of the Site shall first be addressed through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with proceedings conducted in Lexington, Kentucky.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, particularly in matters involving intellectual property. You agree that any claims must be brought in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, offerings, or applicable law. When we do, we will revise the Effective Date above. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the changes.

15. Severability and Entire Agreement

If any provision of these Terms is found unenforceable or invalid, it will be modified to the minimum extent necessary to make it enforceable, or severed, without affecting the remaining provisions.

These Terms, together with the Privacy Policy and Website Disclaimer, constitute the entire agreement between you and Swayze Design Studio, LLC with respect to your use of the Site and supersede all prior agreements, representations, and understandings.

Contact Us

Swayze Design Studio, LLC
Website: www.swayzestudio.com
Use the contact form at: www.swayzestudio.com/contact