Terms Of Service Agreement

Effective Date: October 20, 2025

Website: www.acornbydesign.com, www.acornbydesign.net

Welcome to www.acornbydesign.com

Please read these Terms of Service (“Terms”) carefully before using our website and services. By accessing or using this website, you agree to be bound by these Terms.

1. Acceptance of Terms

By using www.acornbydesign.com (“we,” “our,” or “us”), you agree to comply with and be legally bound by these Terms. If you do not agree, please do not use our website.

2. Services

We offer photography and design services, and any other features, tools, or content provided on our site.

3. User Responsibilities

You are responsible for maintaining the confidentiality of your account information if applicable.

You agree not to misuse our services or engage in fraudulent, unlawful, or harmful activities.

You will comply with all applicable federal, state, and local laws, including laws specific to Colorado Springs, CO.

4. Payment and Billing

All payments are due as specified during the purchase process. We accept cash, and payment must be completed before services are rendered.

5. Refund Policy

All sales are final except in cases where services are not rendered or are materially defective. We comply with applicable laws as it requires the issuance of refunds in limited circumstances.

6. Intellectual Property

All content, trademarks, logos, and other intellectual property on www.acornbydesign.com & www.acornbydesign.net are owned by us or our licensors. You agree not to reproduce, distribute, or create derivative works without our permission.

7. Limitation of Liability

To the maximum extent permitted by law, www.acornbydesign.com shall not be liable for any damages arising from your use of our website or services, including indirect, incidental, or consequential damages.

8. Indemnification

You agree to indemnify and hold harmless www.acornbydesign.com, its affiliates, employees, and partners from any claims, damages, or expenses arising from your violation of these Terms or misuse of our services.

9. Termination

We reserve the right to suspend or terminate your access to our website at our discretion, without notice, for violations of these Terms.

10. Governing Law

These Terms shall be governed by and construed under the laws of the State of Colorado, without regard to conflict of law principles.

11. Changes to Terms

We may update these Terms from time to time. Continued use of our website after changes signifies acceptance of those changes.

12. Website Use

Your use of our website is also governed by our Privacy Policy Page, which explains how we collect, use, and protect your personal data.

13. Dispute Resolution

Any dispute arising under these Terms shall be resolved by binding arbitration in El Paso County, Colorado, under the rules of the Judicial Arbiter Group. Each party shall bear its own costs and attorney fees.

14. Max Damages Disclaimer

To the fullest extent permitted by law, our liability shall not exceed the amount paid by you for the services. We provide our services ‘as is’ without any warranties, express or implied.

Contact Us

If you have questions about these Terms, contact us at:

Email: info@acornbydesign.com

Address: [Acorn By Design L.L.C., P.O.Box 38184,Colorado Springs, CO 80937]

Website: www.acornbydesign.com

Cookie Policy for Acorn By Design L.L.C. (www.acornbydesign.com,www.acornbydesign.net)

Last updated: 10/23/2025

Introduction

This Cookie Policy explains how Acorn By Design L.L.C. (“we”, “us”, “our”) uses cookies and similar tracking technologies on www.acornbydesign.com and www.acornbydesign.net(the “Site”). By using the Site you consent to the use of cookies as described here.

What are cookies?

Cookies are small text files stored on your device that help the Site remember choices, provide basic functionality, and collect anonymous usage information.

Types of cookies we use

Strictly Necessary Cookies:

Required for the Site to operate (e.g., session management, security). These cannot be turned off.

Performance & Analytics Cookies:

Collect anonymous information about how people use the Site so we can improve it (for example, Google Analytics).

Functional Cookies:

Remember choices you make on the Site (language, preferences).

Advertising & Targeting Cookies:

May be used to deliver relevant ads and measure campaign effectiveness.

Third-party cookies

We may allow third parties (analytics providers, ad networks, social platforms) to set cookies when you interact with their features. These third parties control their own cookies and privacy practices.

How we use cookie data

Cookie data helps us:

- Remember your settings and preferences

-Improve Site performance and content

-Understand how people use the Site

-Deliver relevant advertising where applicable We do not use cookie data to identify you personally unless you provide personal information elsewhere on the Site.

-Colorado law — short quotes and links

Below are short, plain-English excerpts from Colorado statutes and links relevant to online privacy, data processing, and consumer protections. These are quoted for informational purposes only.

Colorado Privacy Act (CPA), Colo. Rev. Stat. § 6-1-1301 et seq.

Short quote: “A consumer has the right to opt out of the processing of personal data for purposes of targeted advertising” (Colo. Rev. Stat. § 6-1-1303).

Link: https://leg.colorado.gov/sites/default/files/2021a_190_signed.pdf (text of S.B.190 / CPA)

Definitions under the CPA

Short quote: “‘Personal data’ means any information that is linked or reasonably linkable to an identified or identifiable individual” (Colo. Rev. Stat. § 6-1-1302).

Link: https://leg.colorado.gov/sites/default/files/2021a_190_signed.pdf

Data subject rights under the CPA

Short quote: “A consumer has the right to confirm whether or not a controller is processing the consumer’s personal data and to access such personal data” (Colo. Rev. Stat. § 6-1-1304).

Link: https://leg.colorado.gov/sites/default/files/2021a_190_signed.pdf

Data security and breach notification (Colorado data breach law), Colo. Rev. Stat. § 6-1-716 et seq.

Short quote: “An entity that owns or licenses personal information concerning a Colorado resident shall ... disclose any breach of the security of the system following discovery” (Colo. Rev. Stat. § 6-1-716).

Link: https://law.justia.com/codes/colorado/2023/title-6/articles-1/ (search for §6-1-716)

Biometric identifiers and electronic privacy (where applicable)

Short quote: “A private entity shall not collect, capture, purchase, receive through trade, or otherwise obtain a biometric identifier or biometric information” without consent, subject to limited exceptions (Colo. Rev. Stat. § 6-1-716.5).

Link: https://leg.colorado.gov/sites/default/files/images/olls/2021a_sl_190.pdf (search within for biometric provisions)

How Colorado law affects your choices on our Site (plain English)

Opt-out of targeted advertising: Under the Colorado Privacy Act, you have the right to opt out of processing of personal data for targeted advertising. If cookies we or third parties set are used to create targeted ads, you can opt out through cookie settings on your browser or via any opt-out tools we provide.

Access and deletion: You have rights to request access to personal data we process and to request deletion as allowed by the CPA. For requests, see “Your rights and how to exercise them” below.

Breach notification: If a security breach affecting your personal information occurs, Colorado law requires notification; we will follow applicable notification rules.

Managing and deleting cookies

You can:

-Use your browser settings to block or delete cookies (Chrome, Firefox, Safari, Edge, etc.).

-Use device settings for mobile browsers to manage cookies.

-Opt out of many third-party advertising cookies via industry opt-out tools (e.g., Google Ads Settings, Network Advertising Initia tive).

-Your rights under Colorado law (plain English)

If you are a Colorado resident, the Colorado Privacy Act gives you certain rights regarding personal data we may collect through cookies:

-Right to know/access: Ask what personal data we have about you.

-Right to correct: Ask us to correct inaccurate personal data.

-Right to delete: Ask us to delete personal data we collected directly from you, subject to exceptions.

-Right to opt out: Opt out of processing for targeted advertising, sale of personal data, or profiling with legal effects.

To exercise these rights, contact us at the email/address below. We may need to verify your identity before fulfilling requests.

Contact for privacy requests and questions

Phone: (719)-497-1001

Email: info@acornbydesign.com

Mail: Acorn By Design L.L.C.

P.O. Box 38184

Colorado Springs, CO 80937

Please include “Privacy/CPA Request” in the subject line and describe the request.

Disclosures about children

Our Site is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you believe we have collected personal information from a child under 13, contact us and we will take steps to delete it.

Data retention

Cookies have different lifetimes: session cookies expire when you close your browser; persistent cookies remain until they expire or you delete them. Third-party cookies follow the retention practices of those providers.

Changes to this policy

We may update this Cookie Policy from time to time. We will post changes on the Site and update the “Last updated” date.

Legal disclaimer

This policy includes short quotes from Colorado statutes and links for convenience. This summary is for informational purposes only and is not legal advice. Consult an attorney if you need legal guidance about compliance with Colorado law.