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.
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. Design.org 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 that there are no refunds. Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy.
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.
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. YOUR LICENSE TO THE COMPANY; USE IN TESTIMONIALS AND MARKETING
By posting or submitting any material such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Design.org’s current or future program and content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Design.org during any program that may contain you, your voice and/or your likeness. In Design.org’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Design.org or created by Design.org in connection with your participation in any program, for any reason, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or Design.org, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in our program or in our content at any time for any reason.
This means you give Design.org permission to use anything you submit or post in the program or any third-party forum or website operated by Design.org, or anything captured by us during your participation in the program, including images in which your face is visible and recognizable.
7. 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 firstname.lastname@example.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.
8. 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.
9. 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.
10. 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.
11. 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.
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.
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.
14. 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.
15. 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 email@example.com 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.
16. TERMS RELATING TO USER SUPPLIED SITE CONTENT
(a) Participate at Your Own Risk. You enter and participate in our Slack channel, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor screen communications on our Slack channel, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our Slack channel, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
Use our Slack channel, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
Pretend to be another person that you are not.
Place materials in our slack channel, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
(k) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that sends automated queries to the Design.org memberships. You may not use the Design.org membership to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
17. 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.
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.
19. 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.
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.
21. 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: firstname.lastname@example.org.
22. EFFECTIVE DATE