OWNERSHIP OF SITE CONTENT
All text, graphics, photographs, trademarks (registered and unregistered), logos, and artwork (the “Content”), unless otherwise stated, is controlled, licensed or owned by the Collaborative. No Content may be copied, reproduced, republished, downloaded, translated, transmitted, distributed, or mirrored in any way except with the express written permission of the Collaborative.
Nothing contained on the site should be construed as granting, by implication, any license or right to use any of the Content on the site.
ACCOUNTS, PASSWORDS, & SECURITY
Certain access to features, content or services offered through the site may require you to open up an account, including setting up a user name and password. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity occurring under your account as a result of your failure to keep this information confidential. You agree to notify the Collaborative immediately of any unauthorized use of your account and/or password, or any other breach of security that becomes known to you.
You may be held liable for losses incurred by the Collaborative or any other user or third party as a result of someone else using your account. You may not use anyone else’s account at any time without express permission and consent of the holder of that account. The Collaborative cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation to keep secure your account.
ACCEPTABLE USE POLICY
You are responsible for obtaining and securing your own access to the site;
You are responsible for any activity attributable to your use of the site, whether by you or any person accessing the site from your device(s);
You shall not engage in activities that may cause interference with or disruption to any network, information service, equipment, the site, or any user thereof;
You shall not violate the rights of any person or entity protected by copyright, trade secret(s), patent or other similar laws or regulations;
You shall not use this site for any fraudulent or illegal purpose, including, but not limited to the transmission of obscene or harassing material;
You must report any abuse or misuse of the site to the Collaborative and shall cooperate fully in any investigation into any such abuse or misuse or activity; and
In the event we discover a violation of this Acceptable Use Policy, we may, without notice, restrict or block you from using the site.
DISCLAIMER BY THE DESIGNERS COLLABORATIVE
All Content on the site is provided AS-IS and on an AS-AVAILABLE basis. The Collaborative does not promise that the site or any content, service or feature of the site will be error free, provided without interruption, that any defects will be corrected, or that your use of the site will provide specific results or outcomes. All information provided on the site is subject to change without notice.
The Collaborative cannot warrant or ensure that any files or data you download from the site will be free of defects or viruses or damaging features.
The Collaborative disclaims all warranties, express or implied, including any warranty of accuracy of information, non-infringement, merchantability and fitness for a particular purpose.
The Collaborative disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site or any services provided by the Collaborative. You assume full and total responsibility for your use of the site and any content linked to third-party sites. Your sole remedy against the Collaborative for dissatisfaction with the site or the content is to stop using the site or any content provided. This limitation of relief is part of the bargain and consideration between the parties.
By using the site you waive any and all claims against the Collaborative for damages, liability or injuries caused by any failure of performance, error, interruption, omission, deletion, delay in operation, computer virus, destruction or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LINKS TO OTHER SITES & THIRD-PARTY SITES
The site may contain links to other independent, third-party websites. These third-party sites are provided solely as a convenience to users of the site. They are not under the Collaborative’s control, and the Collaborative is not responsible for, nor does the Collaborative endorse, the content on such sites. You need to make your own independent judgment with respect to clicking links to and interacting with third-party sites.
LIMITATION OF LIABILITY
Except as prohibited by law, in no event will the Collaborative be liable to you, to your sub-contractors or agents, or to any third party for any loss of use, revenue or profit [or loss of data or diminution in value], or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not a party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
The Collaborative’s liability shall in no event exceed the greater of (1) the amount of any fees paid for services provided through the site; or (2) $100.00 USD.
TERMINATION OF YOUR USE OF THE SITE
The Collaborative may, with or without notice to you, terminate your ability to access the site, with or without cause.
NO THIRD-PARTY BENEFICIARIES
This agreement is intended solely for the benefit of you and the Collaborative. No party, entity or individual not a party to this Agreement may bring a cause of action pursuant to this Agreement as a third-party beneficiary hereof.
This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies with respect to any statement representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
The Collaborative may disclose any information we have about you (including your identity) if the Collaborative determines that such disclosure is necessary in connection with any investigation, complaint, required by law, or necessary to contact or bring legal action against someone who the Collaborative determines to be causing injury or interference with (intentionally or unintentionally) with the Collaborative’s rights, or the rights of third-parties and other users.
The Collaborative reserves the right to disclose any information it deems necessary to comply with applicable law, regulations, legal process, governmental request or court orders.
GOVERNING LAW & DISPUTE RESOLUTION
This agreement and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of the state of New Jersey. Each party irrevocably agrees that the courts in New Jersey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
In the event the Collaborative takes action to enforce rights under this Agreement, the Collaborative shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred.
Any feedback you provide at this site shall be deemed to be non-confidential. the Collaborative shall be free to use such information on an unrestricted basis.
The information contained on this site is subject to change without notice to you. Copyright The Designers Collaborative (a.k.a. Collaborate to Win, LLC) © 2019. All rights reserved.
Updated by The Designers Collaborative (a.k.a. Collaborate to Win, LLC) on January 16, 2019.