Terms of Use

Terms of Use

Welcome to Design.org (hereinafter, “the Site”). The Site is maintained by Design.org, LLC (hereinafter, “Design.org”, “We”, “Our” or “Us”), an Arizona limited liability company, as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Site.

1. Agreement

These Terms of Use (hereinafter "the Agreement”), specifies the terms and conditions applicable to your access to and use of the Site. The Agreement may be modified at any time by us and any such modifications shall be effective immediately upon the Site’s posting of the modified agreement. When we post an updated version of the Agreement, Section 20 of the Agreement shall also be updated with the date as of which the Agreement is effective. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy

Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at: https://design.org/privacy-policy. We reserve the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you in any manner consistent with our Privacy Policy.

3. Offerings

We provide a number of Offerings for users through this Site, including, but not limited to, access and management of an assessment system and communication tools. Although we work hard to provide quality Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.

Some of the services offered on this Site are billed on a subscription basis. Drawbackwards has the right to charge your credit card and collect payment at the initiation of your membership, and then at regular recurring increments based on your subscription selection. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account, or by contacting us directly. If we terminate your membership, this subscription charge will also end. Subscriptions may include any and all applicable taxes.

You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available through this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.

4. Your Account

If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and password, and restricting access to your computer. If your information changes at any time, please update your account to reflect those changes. You agree to assume liability for all activities pertaining to the use of your account. If you believe that your account has been compromised at any time, please notify us. You acknowledge that we are not responsible for third party access to your account resulting from theft or misappropriation, and we reserve the right to refuse or cancel service and terminate accounts at any time and in our sole discretion.

Membership to our Site may be cancelled by you at any time, directly on the site portal.

5. Ownership

The Site and the content contained therein shall continue to be the property of Design.org and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any part of the Site or the content contained therein is prohibited, except as expressly permitted in the Agreement.

6. Trademarks and Intellectual Property

Design.org and the Design.org name and logo are trademarks of Design.org, LLC. All other content on the Site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Design.org or its affiliates or licensors. In countries where any of the Design.org trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, we claim other rights associated with unregistered trademarks, service marks, domain names, logos, trade names, company names and indicia of origin. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Design.org without permission from us. You may contact us by sending an e-mail to hello@design.org to request written permission to use trademarks, indicia of origin or materials on the Site for purposes other than stated in the Agreement or for all other questions relating to the Site. Under no circumstances will you acquire any ownership rights or other interest in the Site or the content contained therein by or through your use of the Site. All rights not expressly granted are reserved.

7. Intended Audience

This website is intended for adults only. If you are under the age of 18, you may use the Site and our services only with the permission of your parent or guardian, and only if such parent or guardian consents to be bound by the Agreement.

You may not use the Site, register an account or use our services under any circumstances if you are under the age of 13 years old.

8. Site Use

We grant you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use or access the Site or our services for any commercial purpose. You agree not to copy the site, reverse engineer or break into the site, or use materials, content, products or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in this Agreement, without the prior written permission of Design.org, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

9. Electronic Communication

Users agree to receive notifications and other communications electronically from us. These communications may include, but are not limited to, information about user accounts. Information related to the site and services may also be communicated electronically. Users are not able to opt out of electronic communication.

10. Compliance with Laws

You agree to comply with all applicable federal and local laws regarding your use of the website. You further warrant that any information provided by you to us is, to the best of your knowledge, truthful and accurate.

11. Indemnification.

You agree to indemnify, defend and hold us and our partners, employees, independent contractors, agents and affiliates, harmless from any liability, loss, claim and expense, including attorney's fees, related to: (a) your violation of this Agreement; (b) your use of the Site (c) your inability to use this Site; (d) your violation of any rights of another; (e) any misuse by you of the services ordered through this Site; or (f) your conduct in connection with the Site.
 
12. Disclaimer.
 
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF OR INABILITY TO USE THE SITE, OR THE CONTENT CONTAINED ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE.
 
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. Copyrights and Copyright Agent

If you believe any content on this site has been copied in a way that constitutes copyright infringement, please provide a notice sent to us at hello@design.org containing all of the following information:
 
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
 
(b) A description of the copyrighted work that you claim has been infringed;
 
(c) A description of where the material that you claim is infringing is located on the Site;
 
(d) Your address, telephone number, and e-mail address;
 
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
 
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you knowingly misrepresent in your notice to us that certain materials or activities are infringing, you may be held liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

15. Applicable Law

You agree that the laws of the state of Arizona, without regard to conflicts of laws provisions, will govern the Agreement and any dispute that may arise between you and us or our affiliates.

Any action or proceeding related to or arising out of any dispute between you and us or our affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in the county of Maricopa, Arizona.

16. Severability

If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

18. Termination

We may terminate the Agreement or your access to the Site or service at any time, with or without prior notice to you, for any reason and at Design.org’s sole discretion. We may also block or prevent your future access to, and use of, the Site or service.

19. Contact Information

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us by e-mail at: hello@design.org.

20. Effective Date

These Terms of Use are effective as of January 1st, 2019.

Our Privacy Policy was last updated on 4 January 2019. It governs the privacy terms of our website, located at Design.org, and the tools and forms we provide you (the “Website” or the “Service”).

Your Privacy

Our Website follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

  • Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Cookies: Cookies are small pieces of data stored on a User’s device.
  • Data Controller: Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.
  • Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
  • Data Subject: Data Subject is any living individual who is the subject of Personal Data.
  • User: The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

  • While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address, Phone, Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data.
  • We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data

  • We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

  • We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
  • Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
  • You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
  • Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings).

Use of Data

We use the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Disclosure Of Data

  • Business Transaction. If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
  • Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Design.org legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Design.org may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it’s not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Design.org aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the information we have on you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Design.org relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Tracking & Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Segment

Segment is a event tracking tool used to track user actions to inform product decisions.

For more information on the privacy practices of Segment, please visit the Segment Privacy & Terms web page: https://segment.com/docs/legal/privacy/

SendGrid

SendGrid is an email distribution tool used to send email to users

For more information on the privacy practices of SendGrid, please visit the SendGrid Privacy & Terms web pages: https://sendgrid.com/policies/tos/

Twillio

Twillio is an SMS distribution tool used to send SMS messages to users

For more information on the privacy practices of Twillio, please visit the Twillio Privacy & Terms web pages: https://www.twilio.com/legal/tos

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work is Stripe. Their Privacy Policy can be viewed at https://stripe.com/us/privacy

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions or would like to notify us regarding this Privacy Policy, please contact us by emailing hello@design.org

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