Agreement between User and Designie.co
Welcome to Designie.co. The Designie.co website (the "Site") is comprised of various web pages operated by Designie, LLC a Utah registered Limited Liability Company ("Designie"). Designie is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Designie constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Designie.co is an E-Commerce Site. Designie is a design subscription company. Clients can subscribe and receive an unlimited number of multi-media designs based upon their selected plan(s).

1) Electronic Communications

Visiting designie.co or sending emails to Designie constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

2) Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Designie is not responsible for third party access to your account that results from theft or misappropriation of your account. Designie and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. This is a RocketLawyer.com document. Page 1 of 83) Children Under Thirteen Designie does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Designie.co only with permission of a parent or guardian.

4) Cancellation/Refund Policy

Designie reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should the Client request a refund during the first month of use, all materials produced by Designie are owned by Designie and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Designie reserves the right to take appropriate legal actions against Client for breach of this paragraph.

5) Modification

Designie reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Designie reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

6) Showcasing Design Work

Designie reserves to right to share design work on digital channels including social media, websites, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Designie, which in turn would void the right of Designie to share or discuss Client's work publicly.

7) Connection Interruptions

Designie does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Designie's control. Client agrees that Designie shall not be liable to Client for any loss, damage or This is a RocketLawyer.com document. Page 2 of 8inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

8) Links to Third Party Sites/Third Party Services

Designie.co may contain links to other websites ("Linked Sites" ). The Linked Sites are not under the control of Designie and Designie is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Designie is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Designie of the site or any association with its operators. Certain services made available via Designie.co are delivered by third party sites and organizations. By using any product, service or functionality originating from the Designie.co domain, you hereby acknowledge and consent that Designie may share such information and data with any third party with whom Designie has a contractual relationship to provide the requested product, service or functionality on behalf of Designie.co users and customers.

9) Ownership of Materials

Notwithstanding Designie’s ownership of Submissions, as described in Section 11 (“Client Feedback”), all design and original source files created on Client ’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Designie to become the owner of a Project, in whole or in part, rather than Client, Designie irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Designie as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party ’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Designie always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in Section 6 ("Showcasing Design Work") of this document.

10) Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Designie and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Designie will inform Client in writing that one or more Third -Party Fonts have been incorporated into the Project and that Client will need to purchase one or more This is a RocketLawyer.com document. Page 3 of 8licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said license(s) so long as Designie has informed Client of the incorporation of Third -Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third -Party Fonts incorporated into a Project.

11) Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Designie and Designie is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Designie shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Section 9 ( “Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Designie for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

12) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use Designie strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Designie that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Designie or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. This is a RocketLawyer.com document. Page 4 of 8You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Designie content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Designie and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Designie or our licensors except as expressly authorized by these Terms.

13) International Users

The Service is controlled, operated and administered by Designie from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Designie Content accessed through Designie in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

14) Indemnification

You agree to indemnify, defend and hold harmless Designie, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Designie reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Designie in asserting any available defenses.

15) Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the Page 5 of 8event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

16) Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Designie agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

17) Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DESIGNIE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. DESIGNIE, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DESIGNIE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND This is a RocketLawyer.com document. Page 6 of 8RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGNIE, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DESIGNIE, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

18) Termination/Access Restriction

Designie reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Designie as a result of this agreement or use of the Site. Designie's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Designie's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Designie with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability This is a RocketLawyer.com document. Page 7 of 8limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Designie with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Designie with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

19) Changes to Terms

Designie reserves the right, in its sole discretion, to change the Terms under which Designie.co is offered. The most current version of the Terms will supersede all previous versions. Designie encourages you to periodically review the Terms to stay informed of our updates. Contact Us Designie welcomes your questions or comments regarding these Terms:

Designie, LLC
Email Address:
hello@designie.co
Effective as of December 15, 2023