Welcome to Dezignable.com, a website located at www.dezignable.com (the “Site”) and operated by Dezignable, Inc. (“Dezignable”, “us”, “our”, and “we”) http://www.dezignable.com/. Dezignable provides a Site and mobile applications (the “Applications” and collectively with the Site and all services provided through the Site and Applications, the “Services”) that connect architects, designers, and contractors (“Professionals”) to a network of peers and potential clients. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services whether you are simply a “Visitor” (which means you are just browsing the Services) or an “Authorized User”, which means you have registered to use them. Collectively, Visitors and Authorized Users are referred to as “Users” or individually as a “User” or “you”. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.

1.   Accounts

  1. Account Creation. In order to become an Authorized User and use certain Services, for example, to create a user profile, upload a project or list products in our marketplace you must: (i) register for an account with Dezignable (a “Dezignable Account”) and provide certain information about yourself as prompted by the registration form and/or (ii) connect to the Services through a social networking site (an “SNS”) in which case we will access registration information that you authorize from the SNS. You represent and warrant that: (iii) all required registration information you submit is truthful and accurate and (iv) you will maintain the accuracy of such information. You may delete your Dezignable Account at any time, for any reason, by emailing [email protected]. Upon termination, we will remove your Content (as defined below) in accordance with Section 3(f). You acknowledge that you have no ownership or other property interest in your Dezignable Account and that all rights in and to your Dezignable Account are owned by and inure to the benefit of Dezignable. Dezignable may suspend or terminate your Dezignable Account in accordance with Section 12.
  2. Access through an SNS. If you access the Services through an SNS, you may link your Dezignable Account with your account on the SNS by allowing us to access your SNS account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS YOU USE TO ACCESS YOUR DEZIGNABLE ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE SNS.
  3. Account Credentials and Responsibilities. As part of the registration process you will be required to provide an email address and select a password (collectively “Credentials”), which you may not share with any third parties. If someone accesses the Services using your Credentials, we will rely on those Credentials and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Credentials and all activities that occur in connection with your Credentials. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your Credentials, including terminating your access, changing your password, or requesting additional information to authorize activities related to your Credentials. You agree to immediately notify Dezignable of any real or suspected unauthorized use. Dezignable cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2.   Licenses; Our Technology; Restrictions on Use

  1. Right to Use Site. Dezignable grants you a non-transferable, non-exclusive, right to access the Site and use the Services provided through the Site for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and our right to remove your Content (as defined below) or suspend access to your Dezignable Account at our discretion at any time.
  2. License to Use Application. Dezignable grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services made available through the Application and to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to the terms of this Agreement including the restrictions on use, the acceptable use provisions and the our right to remove your Content (as defined below) at our discretion at any time. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of Section 6(b).
  3. Our Technology and Content. You agree that the software, code, proprietary methods and systems used to provide the Services (“our Technology”) and the materials, information and content made available or displayed by us on the Site or through the Services, including all text, graphics, images and the look and feel (collectively “our Content”) are: (i) copyrighted by us, our licensors and/or other licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. The stylized Dezignable trademark and the stylized “D mark” and other related graphics, logos, service marks and trade names used on or in connection with the Services are our trademarks (“our Marks”) and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. Except for the limited licenses provided herein, we reserve all right, title and interest in our Content, Marks and Technology.
  4. User Restrictions on Intellectual Property. The rights and licenses granted to you in this Agreement are subject to the following, you will: (i) not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise exploit the Services except as expressly authorized in this Agreement, (ii) not modify, disassemble, decompile, or reverse engineer any part of the Services; (iii) not access the Services in order to build a similar or competitive website, application or service; (iv) not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services; and (v)               not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services will be subject to this
  5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us, including through any suggestion, feedback or forum pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights without restriction and in all media now known and later developed.

3.   User Content

Through our products section of the Services, we provide brands the opportunity to upload images and information about their products so that Professionals can learn about the tools and resources available to continue designing structures and spaces. This section of the terms addresses your responsibilities for any User Content you make available through the Services.

  1. Definition. When we say “User Content” we mean any and all information and content that a User submits to, or uses with, the Services, including text, photographs, drawings, images, and videos. User Content may be uploaded in any number of contexts within the Services, including within your personal profile, home profile, business profile and brand pages.
  2. You are Responsible for Your Content. You are solely responsible for your Content and assume all risks associated with use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable. Specifically, you represent that the information your make available through the Services, including profiles, projects, advertisements, brand pages within the marketplace and in pages that associate projects with products are true, accurate and complete. Dezignable makes no guarantee regarding the accuracy, suitability or quality of any User Content, and we assume no responsibility for any User Content.
  3. When you upload your Content to Dezignable, you grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to you Content, to use, display, reproduce, re-post, modify (e.g., re-format), re-arrange, and distribute your Content within our Services. Except as may be provided in our privacy policy (www.dezignable.com/legal/privacy-policy) you agree that any of your Content or modifications of your Content, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by us or our Users if we authorize them to do so. Without limiting anything the foregoing, you authorize us to: (i) combine your Content with other content, including content associated with the Services and/or owned and licensed by us and (ii) to allow others to do the same. Please remember that Dezignable is a public platform, and that other Users may search for, see, use, and/or re-post any of your Content that you make available through the Service.
  4. You represent and warrant: (i) that you own your Content or are authorized by the Content owner to post your Content and grant Dezignable the licenses granted in Section 3(c) above, (ii) that you will not use your Content to engage in deceptive or unfair trade practices or (iii) otherwise engage in illegal activity. We are under no obligation to pre-screen your Content or the Content of any other User.
  5. You may be able to store your Content in many areas within the Services including in your profiles, projects, portfolios, brand pages, and ideabooks. These storage capabilities are provided solely as a convenience to you. You represent and warrant that that Services are not the single repository for your Content and acknowledge that you, and not Dezignable, are responsible for ensuring the Content is backed up. Dezignable has no responsibility or liability for the deletion or loss of any of your Content. You agree that Dezignable retains the right to create reasonable limits on Dezignable’s use and storage of your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us in our sole discretion.
  6. If you wish to remove a business profile or product listing in whole or part, you may do so through the Services or by contacting [email protected]. If you wish to remove a user profile in whole or in part, you may do so by contacting [email protected]. We will comply with your request for removal as soon as practicable, subject to the following: we may continue to use Anonymous Information derived from your Content in accordance with this Privacy Policy and we may retain the Content in a non-production environment to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and take any other action otherwise permitted by law. Notwithstanding any such removal, the licenses set forth in Section 3(c) above will not be terminated for any uses of your Content within the scope of such licenses prior to the date you removed the Content. Upon written notice to [email protected], Dezignable will make reasonable efforts to stop using the removed Content.

4.   Acceptable Use Policy

We believe that you should do unto others as you would have others do unto you and with that in mind, we’ve established this Acceptable Use Policy. Please respect it. We say “please” to be polite (and to do unto others . . . ), but please means that you must comply with these policies as compliance is critical to keeping the Dezignable community a community. Accordingly, you agree not to:

  • harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their and our consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means;
  • harass or interfere with another user’s use and enjoyment of the Services;
  • introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • harass, defame, libel, defraud, threaten, infringe the privacy of, or tortuously injure the Site’s users and customers;
  • upload, transmit, display or distribute any offensive, discriminatory, obscene, vulgar, patently offensive, harmful or pornographic content, or any content that is otherwise objectionable;
  • infringe on our Intellectual Property Rights (“IP Rights”) or the IP Rights of third parties, which may encompass copyright, patent, trademark, trade secret, or other proprietary rights;
  • interfere with our ability to provide Services to our users and subscribers;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
  • use, display, mirror or frame the Services, or any individual element within the Services, or the layout and design of any page or form contained on a page, without our express written consent, and use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Services or that is in transit from or to the Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Services.

5.   Interactions With Other Users.

  1. Other Users. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services. You agree that Dezignable will not be responsible for any liability incurred as the
  2. A Word About the Marketplace and Projects. Many of the connections between products and projects are uploaded by architects and designers and many (if not most) of the products in the marketplace are updated by brands. We reserve the right to verify and remove any Content, although we do not routinely monitor the site. We are not, however, responsible for any such transaction, even if we have received compensation in connection with the transaction.

6.      Third-Party Services

  1. Third-Party Websites & Ads. The Services, both inside and outside our marketplace and the products section of the Services, may contain links to third-party websites (“Third-Party Websites”), promotions and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. The Third-Party Websites are not under the control of Dezignable. Dezignable is not responsible for any Third-Party Websites & Ads. We provide these Third-Party Websites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  2. App Store. When you download our Applications, you will do so through Apple Corporation’s App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
    1. You acknowledge and agree that (A) the Terms are concluded between you and Dezignable only, and not Apple, and (ii) as between Dezignable and Apple, Dezignable, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
    2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
    3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Dezignable and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Dezignable.
    4. You and we acknowledge that, as between Dezignable and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    5. You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Dezignable and Apple, Dezignable, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
    6. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
    7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

7.      Payment Of Fees

  1. Clients
    1. Fees. The fee (the “Fee”) to be charged to Clients for each Design Contest will be set forth on the Service. The Fee is due and payable in advance of Client’s design or product recommendation process.
    2. Payments. The Service currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Service take place in U.S. Dollars.
    3. Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Dezignable’s income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
    4. Third Party Purchases. A Client may wish to purchase items from third parties through the Dezignable service. Dezignable will collect the cost of the furniture in advance of placing orders with the third party for the purchase. All Third Party terms and conditions apply to these purchases, including return policies and shipping costs.
  1. Professionals
    1. In association with the Site and Application, you may be able to purchase certain Services, including listing your business, or listing your products in our marketplace. If you make such a purchase, you agree to pay the then-current applicable fee listed in the Services and agreed to at checkout.
    2. We may change the pricing from time to time in our sole discretion by updating the listed price in the Services and without any additional notice to you.
    3. We may invoice you for the applicable fees or we ask a third party (“Payment Provider”) to process charge card payments on our behalf. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information through the Services, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required.
    4. We reserve the right at any time to change our payment terms, either immediately upon posting on the Services, by email delivery to you or any other reasonable method of communication.

8.      Indemnity

You agree to indemnify and hold Dezignable (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand due to or arising out of (a) your use of the Services, (b) your Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9.      Disclaimers


10.    Limitation On Liability


11.    Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Advertisements. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12.    Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Dezignable Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Dezignable Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Dezignable Account may involve deletion of your Content associated from our live databases. Dezignable will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Dezignable Account or deletion of your Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2(c) through 2(e) and 3 – 17.

13.    Copyright Policy

We respect the intellectual property of others and ask that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Dezignable is:

Tom Lahiff
Dezignable, Inc.
90 Water Street
Stonington, CT 06378
Email: [email protected]

14.    Privacy Policy

Please review our Privacy Policy, located at www.Dezignable.com/legal/privacy-policy, which governs the use of personal information on the Site and to which you agree to be bound as a user to the site.

15.    Refund Policy

You may request a refund within 5 business days of your transaction by sending an email to [email protected] You can expect your refund within 20 business days. We will notify you via email once your refund is processed. We would also appreciate additional feedback to order to improve our Services to our customers.

16.    Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause

  1. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between          you and us or our employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitrati
  2. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
  3. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  4. You and Dezignable must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,  AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING,   AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
  5. Notwithstanding the foregoing, either You or we may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in New York, New York. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures will not be deemed a waiver of the right to arbitrate.
  6. With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither You nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in New York, New York.
  7. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

17.    International Users

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that we intend to announce such Services or Content in your country. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18.    General

  1. Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  2. Choice Of Law. The Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  3. Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.
  4. Copyright/Trademark Information. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third parties. You are not permitted to use such trademarks, logos and service marks without our prior written consent or the consent of such third party which may own the Marks.


Contact Information:
Dezignable, Inc.
90 Water Street
Stonington, CT 06378
Attn: Alison Andrews Reyes


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