OurDesign Terms and Conditions
TERMS AND CONDITIONS
These Terms and Conditions (herein after referred to as “Agreement”) set forth the legally binding terms governing your access to and use of the OurDesign.com Website, Web pages, interactive features, applications, blogs and their respective contents and any other interactive content that links to the OurDesign.com Website owned and/or operated by OURDESIGN, A NEVADA CORPORATION (collectively, the "Website") but not any services or content that are provided by any third party, notwithstanding their reference on the Website. The Website is operated by OURDESIGN, A NEVADA CORPORATION (hereinafter referred to as "OurDesign" or “we” or “our”), and, unless stated otherwise, any materials on the Website are owned by OurDesign or an affiliated company, or licensed by OurDesign from third parties and posted on the Website.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
We may at any time revise this Agreement by updating this Agreement. The "Update Date" at the top of this Agreement will indicate when the latest modifications were made. To the fullest extent permitted under applicable law, your continued use of any of the Website constitutes your agreement to any modification made in this Agreement, and you should therefore visit this Agreement from time to time to review its content. Furthermore, unless explicitly stated otherwise, any new features or services that augment or enhance the Website in the future shall be considered part of the Website and subject to this Agreement. We reserve the right at any time and from time to time to interrupt, restrict, modify, suspend, discontinue, temporarily or permanently, any or all of the Website (or any portion thereof), with or without notice to you, and you agree that OurDesign shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Website. Moreover, we may terminate this Agreement for any or no reason, and with or without notice to you. Your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the Website.
If you opt-in to receive information from OurDesign, you agree to provide true, accurate and complete information about yourself as prompted by the online or mobile forms. You may also have the opportunity to register for an account on the Website ("Account") to access and use certain features of the Website or certain specially-tailored products and services. If we have reasonable grounds (as determined by us in our sole discretion) to suspect that the Personal Information you provide for opt-in or registration purposes is untrue, inaccurate or incomplete, we have the right to refuse, with or without notice, any and all current or future requests you make through the Website and/or to suspend or terminate your Account.
We shall have no liability associated with or arising from your failure to maintain accurate Personal Information in connection with your Account, including, but not limited to, your failure to receive information about OurDesign and/or our Website.
Your selection and use of an Account username and password, and any other information required for security access and authentication purposes, are subject to this Agreement. You agree not to share your username, password and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with this Agreement. You acknowledge and agree that any use of your Account through your username, password and security information shall be deemed to be your actions which we may rely upon. You are solely responsible for protecting the confidentiality and security of your Account. OurDesign may disable your user ID and password in OurDesign’s sole discretion without notice or explanation, and for any or no reason.
You agree to immediately notify us if you suspect illegal, fraudulent or abusive activity, or any activity in violation of this Agreement, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any prevention measures we prescribe.
License to use Website
OurDesign grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Website for your own personal non-commercial use, subject to your compliance with this Agreement, including, without limitation, the restrictions on use of the Website. OurDesign may, in its sole discretion, suspend, discontinue or terminate this license to you at any time for any reason.
OurDesign reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel any or all of the Website' operation, or portions thereof, with or without notice to you. You acknowledge and agree that OurDesign will not be liable to you or any third party for any such modification, suspension, discontinuation or cancellation of any or all of the Website' operation.
You may not:
- republish material from this Website (including republication on another Website);
- sell, rent or sublicense material from the Website;
- modify, publish, reuse, reproduce, duplicate, copy or otherwise exploit material on this Website for any commercial purpose;
- redistribute material from this Website (except for content specifically and expressly made available for redistribution);
- "spam" others or "phish" for, collect or store personal information about others;
- access or attempt to access any data, information, system or servers on which the Website are hosted or modify or alter the Website in any way;
- upload, post or otherwise transmit User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without limitation, nudity and depiction of drug use) or harm minors in any way;
- impersonate any person or entity, including, but not limited to a representative of OurDesign, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or which is inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purpose;
You may not access or use the Website in any way that causes, may cause, or is intended to damage or impair the operation of the Website, or any content of or material displayed on the Website, or any server or network underlying the Website, or in any way that interferes with anyone else's use and enjoyment of any of the Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You may not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You may not, nor permit others to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without OurDesign’s express written consent.
You may not use the trademark, logo or other intellectual property of OurDesign or any of its licensors including third parties referenced on the Website except as authorized in writing by OurDesign or the applicable owner of such intellectual property.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ANY PAGE(S) THEREIN, AND/OR ANY SERVICE(S) OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD(S), IS SOLELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY OTHER EQUIPMENT, LOSS OF REVENUE, OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. YOU AGREE THAT THE WEBSITE, ANY SERVICE(S) OF THE WEBSITE, AND ANY DOWNLOAD(S), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
The Website may contain links to Website owned by parties other than OurDesign ("Third-Party Website") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Materials"). Such Third-Party Website and Third-Party Materials are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by us, and OurDesign is not responsible for any Third-Party Website accessed through the Website or any Third-Party Materials posted on, available through or installed from the Website, including their content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Website or the Third-Party Materials. The inclusion of, linking to any Third-Party Website or any Third-Party Materials does not imply approval or endorsement thereof by us.
If you decide to leave the Website and access the Third-Party Website or to use any Third-Party Materials, you do so at your own risk and you should be aware that, unless otherwise indicated, this Agreement and any other OurDesign terms and policies no longer govern. You are responsible for your adherence to the terms and conditions that apply to any such Third-Party Website and any Third-Party Materials you use or install from any of such Website.
We may also make available or provide access to products, services, or applications of Third Parties. Such products, services, and applications shall be purchased and/or obtained directly from such Third Party. OURDESIGN SHALL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR APPLICATIONS OF THIRD PARTIES. OURDESIGN SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE OR MOBILE WEBSITE LINKED TO THE WEBSITE, AND THE FACT SUCH LINKS ARE PROVIDED ON THE WEBSITE DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE OR MOBILE WEBSITE. YOUR CONNECTION TO AND USE OF ANY SUCH LINKED WEBSITE OR MOBILE WEBSITE IS AT YOUR OWN RISK.
Where applicable on the Website, you may be invited to post your own content including opinions or ideas ("User Content"). You understand that all User Content is your sole responsibility and your submission is voluntary. OurDesign cannot guaranty that other users will not misuse the User Content that you share. If you have any User Content such as photos, images, videos, personal information, name, home address, telephone number, etc. that you do not want to be shared or otherwise available to others, do not post it to the Website. Under no circumstances will OurDesign be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Website. OURDESIGN IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE WEBSITE.
You hereby grant OurDesign a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.
You represent and warrant that: you own the User Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this Section; and the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you posted to or through the Website.
You acknowledge and agree that OurDesign may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of OurDesign, its users, and the public. You understand that the technical processing and transmission of the Website, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
No confidential or additional contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. OurDesign shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Website. OURDESIGN SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE WEBSITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS THE PROVIDER OF THE USER CONTENT.
OurDesign does not endorse or have control over what is posted as User Content. User Content is not reviewed by OurDesign prior to posting and does not reflect the opinions or policies of OurDesign. OurDesign makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Website. OurDesign assumes no responsibility for monitoring the Website for inappropriate submissions or conduct even if, in its sole discretion OurDesign later decides to monitor, modify, or remove such User Content. Further, OurDesign’s failure to monitor the User Content shall not contribute to, nor give rise to any legal, financial or other risk, exposure of or other obligation with respect to User Content.
Notwithstanding the foregoing, OurDesign and its designees shall have the right to remove any User Content at any time, without notice and for any reason, including but not limited to, content that violates this Agreement or is otherwise objectionable, in OurDesign’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, OURDESIGN DOES NOT WARRANT THE AVAILABILITY OF THE WEBSITE OR YOUR UNINTERRUPTED ACCESS THERETO.
Disclaimer of Warranties
You understand and agree that your use of the Website is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Website.
The Website and the Content therein are provided on an "AS IS" and "AS AVAILABLE" basis without any warranty of any kind, expressed, implied or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OurDesign makes no warranties that the Website or any content or other material obtained through herein will meet your requirements, or that the Website will be uninterrupted, timely, secure, non-infringing or error-free. You understand and agree that you are responsible for any and all charges, costs and/or expenses for access to or use of the Website. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. OurDesign assumes no liability or responsibility for any performance degradation, interruption or delays of any of the Website, or errors or omissions in any content or other materials on or through the Website. OurDesign does not make any warranty or representation that your use of the material displayed on, or obtained through, the Website is non-infringing of any rights of any third party.
Any decision or action taken by you on the basis of information or content provided on the Website is at your sole discretion and risk. OurDesign is not responsible or liable for any such decision, or for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or otherwise made available on the Website.
You agree to defend, indemnify and hold harmless OurDesign, its parent, subsidiaries and affiliates, and their respective distributors, dealers, and any promotions agencies, licensors and contractors, together with each of their respective employees, agents, directors, officers and shareholders (collectively, "OurDesign Entities"), from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of the Website, your breach or alleged breach of any part of this Agreement, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.
OurDesign may assign any or all of its rights and/or obligations under this Agreement without notifying you or obtaining your consent.
Limitation of Liability
YOU HEREBY RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS EACH OURDESIGN ENTITY FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF ANY OF THE SITES.
Digital Millennium Copyright Act
We respect the intellectual property of others, and we ask all visitors to the Website to do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us with the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number and email address;
- 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be communicated to us at:
Severability. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Applicable Law. This Agreement and any disputes arising under or related to this Agreement will be governed by the laws of the State of Nevada, without reference to its conflict of law principles.
Entire Agreement. This Agreement constitute the entire, complete and exclusive agreement between you and us regarding the Sites and supersedes all prior agreements and understandings with respect to the subject matter of this Agreement.
Waiver. The remedies of OurDesign set forth in this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by us, at any time or from time to time, to enforce any of our rights under this Agreement shall not constitute a waiver of such right.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
If you have a problem or dispute that needs special attention, OurDesign is committed to working with you to reach a reasonable resolution that satisfies you. Therefore, for any problem or dispute that you may have with OurDesign, you acknowledge and agree that you will first give OurDesign an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to us at OurDesign, Inc. 318 N Carson City #206, Carson City, NV, 89701 . You then agree to negotiate with us in good faith about your problem or dispute. This should lead to a resolution, but if for some reason your problem or dispute is not resolved satisfactorily within ninety (90) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of any of the Website and this Agreement shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any of the OurDesign entities' or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the OurDesign Entities and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that this Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this Agreement (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Nevada shall apply, except that Nevada laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award, and judgment enforcement, the laws of the State of Nevada shall apply, except that Nevada laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You agree that any claim for or award of attorneys' fees, including such claim or award is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND OURDESIGN BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to this Agreement be instituted more than two (2) years after the cause of action arose.
OurDesign welcomes your questions or comments regarding the Terms:
318 N Carson City #206
Carson City NV 89701
Email Address: firstname.lastname@example.org
Updated March 14, 2016