Design Force, Inc. Website Terms and Conditions
Design
Force, Inc. ("Design Force”) welcomes you to its Web site located at www.designforceinc.com
(the "Site"). The following Terms and Conditions govern your use of any of these
Sites. Please take a moment to
review these Terms and Conditions to be sure that you agree with and will abide
by these Terms and Conditions.
When you access, view or use the content, material, or services
available on or through this Site you agree, on behalf of yourself and any
company or organization on whose behalf you actually or allegedly act, you are
agreeing that you have read and understand all of these Terms and Conditions,
and that you agree to and intend to be legally bound by all of these Terms and
Conditions. If you do not agree with, or can
not agree with any of these Terms and Conditions, you are not granted
permission to use this Site and you must exit this Site immediately. Design Force reserves the right at any time to modify, alter
or update these Terms and Conditions of use. Your use of the Site following any changes means that you
agree to follow and be bound by the terms and conditions of the Sites as
changed.
Design
Force also has a Privacy Statement setting out Design Force's online
information gathering and dissemination practices with respect to the Site. Click here to view the Privacy Statement
which is incorporated into these Terms and Conditions by reference, as if set
forth fully herein.
Use and Access to the Sites
Design
Force hereby grants you a non-exclusive, non-transferable, limited license to
access and use the Sites under the terms and conditions set forth in these
Terms and Conditions and the Privacy Statement.
Proprietary Rights
All
works of authorship, information, content, functional components, software,
downloads, upgrades, documentation, service packages, services, information,
and material appearing on, available from, or contained in this Site
("Site Materials") are protected by United States law, including but
not limited to, United States copyright, trademark and relevant intellectual
property laws. Except as explicitly stated on the Site, the entirety of the Site
Materials (including, but not limited to, data, content, illustrations,
graphics, audio, video, photographs, pictures, illustrations, recordings,
drawings, sketches, artwork, images, text, forms, look and feel attributes, and
other intellectual property) are each individually and collectively Design
Force's copyrighted works, with all rights reserved, or are the copyrighted
works of Design Force's affiliates, licensors, or suppliers. Design Force also
owns a copyright in this Site as a collective work and compilation, and in the
selection, coordination, arrangement, organization, and enhancement of the Site
Materials.
Removing
or altering any copyright notice or any other proprietary notice on any Site
Materials is strictly prohibited. Any commercial use of any Site Materials, in
whole or in part, without the prior written consent of Design Force, is strictly
prohibited. Any reproduction, distribution, performance, display, preparation
of derivative works based upon framing, capturing, harvesting, or collection
of, or creating of hypertext or other links or connections to any Site
Materials or any other proprietary information of Design Force, without Design
Force's advance written consent, is also strictly prohibited.
All
names, trademarks, service marks, symbols, slogans, and logos appearing on the
Sites are owned and / or proprietary to Design Force or its licensors, or
suppliers. Use or misuse of these trademarks is expressly prohibited and may
violate federal and state trademark law.
Materials Submitted to the Site
This
Site may allow you to contribute postings, questions, and other materials and
information to this Site. By submitting any such postings, questions, feedback
and suggestions about how to improve our products, information and services, and
other materials and information ("User Materials"), you represent
that you have the full legal right to provide the User Materials and that use
of the User Materials by the Site and all other persons and entities will not
(a) infringe any intellectual property rights of any person or entity, or any
rights of publicity, personality, or privacy of any person or entity,
including, but not limited to, as a result of your failure to obtain consent to
post personally identifying or otherwise private information about a person;
(b) violate any law, statute, ordinance, or regulation; (c) be defamatory,
libelous or trade libelous, unlawfully threatening, or unlawfully harassing;
(d) be obscene or otherwise violate any community or Internet standard; (e)
contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other
computer programming routines that damage, detrimentally interfere with,
surreptitiously intercept, or expropriate any system, data or personal
information, or that facilitate or enable such or that are intended to do any
of the foregoing; (f) result in product liability, tort, breach of contract,
personal injury, death, or property damage; (g) constitute misappropriation of
any trade secret or know-how; or (h) constitute disclosure of any confidential
information that is or may be owned by any third party.
Upon
your submission of any User Materials or other material or information to Design
Force, you grant Design Force a worldwide, perpetual, non-terminable,
irrevocable, fully transferable, license for any and all business purposes of Design
Force to access, use, distribute, perform, reproduce, display, modify, create
derivative works based upon, and / or sublicense, and to permit others to
access, use, distribute, perform, reproduce, display, modify, create derivative
works based upon, and / or sublicense, the User Materials that you submit to
this Site [for the purpose
of providing the Site and Site products and services], all without any
compensation to you whatsoever. By
your submission of any User Materials, you acknowledge and agree that Design
Force is free to use any ideas, concepts, methods, know-how, techniques, and
processes contained in any User Materials for any purpose whatsoever,
including, but not limited to, creating and marketing products, information, or
services using such information. Design Force may remove User Materials from
the Sites for any or no reason, in Design Force’s sole discretion. Design Force
shall not be responsible for changes, modifications, or removal any User
Materials that you may submit to the Sites. If you believe that any content or
postings on the Sites violate any of your intellectual property or other
rights, please follow our Complaint Procedure provided within these Terms and
Conditions.
Third Party
Materials, Products, Services and Links
Parties other than Design Force may
provide products or services on the Site. Design Force expressly disclaims
any and all responsibility for or related to the accuracy of the information,
the products or services provided by or advertised by any third parties or the
transactions you conduct or enter into with these third parties either through
or separate from the Sites. Additionally, this Site may, from time to time,
contain links to other Web sites, which such links are provided solely for the
convenience of users in locating information, products, or services. Design
Force expressly disclaims any and all responsibility for the content, the
accuracy of the information, or the products or services advertised on or provided
by any of these third-party sites or the transactions that you may conduct or
enter into with any of these third parties, or on these third party sites.
Disclaimer of
Warranty and Liability
THIS
SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH
THIS SITE, AND THE SERVICES, INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN
CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL
FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
DESIGN
FORCE MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE
MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES,
INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN CONNECTION THIS SITE, EXPRESS OR
IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION,
NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH
REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS
SITE IS WITH YOU.
DESIGN
FORCE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH
MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE,
THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH
THIS SITE, OR THE SERVICES, INFORMATION, SOFTWARE, AND PRODUCTS OFFERED IN
CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD
BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE
REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
Corrections and
Changes
Design
Force endeavors to keep the Site and Site Materials on, in, and through this
Site up-to-date. Without limiting anything else in these Terms and Conditions
or otherwise, Design Force is not responsible for any errors or omissions in
the Site or Site Materials. Design Force may make changes to the Site or Site
Materials, or to the products, information, or services made available in
connection with this Site, at any time, and Design Force makes no commitment to
update the information contained on or in this Site.
Termination
Design
Force reserves the right to terminate your access to or use of the Sites in the
event that you violate any of these Terms and Conditions or the Privacy
Statement, or for any reason whatsoever or no reason, with or without notice. Other than termination of your license
and use of the Sites, Design Force further reserves any and all of its other
rights against you in addition to any and all other remedies available at law
or in equity.
Indemnification
You
agree to defend Design Force and its owners, directors, officers, employees,
agents, and contractors ("Design Force Indemnitees") against all
claims, actions, suits, and other proceedings of third parties
("Claims") arising out of or incurred in connection with your use of
any of the Sites, your fraud, violation of law, willful misconduct, or any
breach by you of any of these Terms and Conditions and shall indemnify and hold
each of the Design Force Indemnitees harmless from and against all judgments,
losses, liabilities, damages, costs, and expenses (including, but not limited
to, reasonable attorneys' fees and attorneys' disbursements) arising out of or
incurred in connection with any Claims. You may not settle any Claim without
the prior written consent of Design Force.
Complaint Procedure
If
you believe that any content or postings on this Site violate your intellectual
property or any other rights, please send to Design Force at the address listed
above, addressed to the attention of "President," a comprehensive
detailed notice in accordance with the requirements of the Digital Millennium
Copyright Act, including (1) a description of the copyrighted work that has
been infringed and the specific location on the Site where such work is
located; (2) a description of the location of the original or an authorized
copy of the copyrighted work; (3) your address, telephone number and e-mail
address; (4) 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;
(5) a statement by you, made under penalty of perjury, that the information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf; and (6) an electronic or physical
signature of the owner of the copyright or the person authorized to act on
behalf of the owner of the copyright interest.
Use of the Internet
Use
of the Internet is solely at your own risk and is subject to all applicable
local, state, national, and international laws and regulations. Without
limiting anything else in these Terms and Conditions or otherwise, neither Design
Force nor its contractors will be liable for any loss resulting from failure of
electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses, unauthorized access, theft, operator
errors, severe weather, earthquakes, natural disasters, strikes or other labor
problems, wars, or governmental restrictions.
Governing Law and
Jurisdiction
These
Terms and Conditions, including the Privacy Statement, represent the entire
agreement between you and Design Force with respect to the Sites, and supersede
any and all prior and contemporaneous written and oral representations,
understandings, and agreements, express or implied, and will be governed by and
construed in accordance with the laws of the State of New Jersey in the United
States, without reference to its conflict of law rules; PROVIDED, HOWEVER,
THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON,
DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION
TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM
STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS
SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS
ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE
SECTIONS OF THE LAW. By accessing, viewing, or using the Sites and / or any
works, content, or materials on this Site, you hereby consent to the exclusive
jurisdiction of the federal and state courts presiding in Camden, New Jersey,
U.S.A., and agree to accept service of process by personal delivery or mail and
hereby waive any and all jurisdictional and venue defenses otherwise available.
Miscellaneous
This
Site is controlled and operated from within the United States. Design Force makes no statement or representation
that the Sites or any works, content, materials, services, information, or
products available on, in, or through the Sites are appropriate or available
for use in other locations. If you
choose to access any of the Sites from outside of the United States, you
acknowledge and agree that you are doing so at your own volition and are
responsible for compliance with any and all applicable laws. Headings used in
these Terms and Conditions, including, but not limited to, the Privacy
Statement, are for reference only and shall not affect the interpretation of
these Terms and Conditions (or the Privacy Statement). The waiver or failure of
Design Force to exercise in any respect any right provided hereunder shall not
be deemed a waiver of such right in the future or a waiver of any of other
rights established under these Terms and Conditions.
Effective June 1, 2011.
Last
updated: June 1, 2011
For
more information, please contact in@designforceinc.com.
