Warning: include_once(/home/designw4/public_html/wp-content/plugins/hummingbird-performance/core/class-abstract-module.php): failed to open stream: No such file or directory in /home/designw4/public_html/wp-content/advanced-cache.php on line 24

Warning: include_once(): Failed opening '/home/designw4/public_html/wp-content/plugins/hummingbird-performance/core/class-abstract-module.php' for inclusion (include_path='.:/opt/cpanel/ea-php72/root/usr/share/pear') in /home/designw4/public_html/wp-content/advanced-cache.php on line 24

Warning: include_once(/home/designw4/public_html/wp-content/plugins/hummingbird-performance/core/modules/class-module-page-cache.php): failed to open stream: No such file or directory in /home/designw4/public_html/wp-content/advanced-cache.php on line 25

Warning: include_once(): Failed opening '/home/designw4/public_html/wp-content/plugins/hummingbird-performance/core/modules/class-module-page-cache.php' for inclusion (include_path='.:/opt/cpanel/ea-php72/root/usr/share/pear') in /home/designw4/public_html/wp-content/advanced-cache.php on line 25
Terms and Conditions – Design with Nature

Terms and Conditions

Terms

Welcome to DesignwithNature.US!

Having a Problem?

  • We want you to enjoy DesignwithNature.US
  • If you have an issue, we would like to help you resolve it.
  • Would you please do so via our Contact Us page?

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

By using this website you are agreeing to comply with and be bound by this Terms Agreement which together with our Privacy Policy, incorporated herein by reference, govern the relationship between you, and DesignwithNature.US, owner and provider of the Site, (definitions explained below.) If you don’t agree to the Terms, you are not permitted to use this Site or any of our Services.

Definitions:

  • By “DesignwithNature.US”, “we”, “us” or “our” we also mean the features and services we make available, including branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions), podcasts, or social media channels, and off-line services, such as live events.
  • By “Site”, “Website”, or “Community”, we mean DesignwithNature.US.
  • “Services” of DesignwithNature.US includes the many services and features on and off the Site, such as: social plugins, share buttons, and other media, brands, products, services, software, devices, or networks now existing or later developed.
  • By “Personal Information” we mean personally identifiable information, such as: name, date of birth, image, home or work address, email address, telephone number, and other substantially similar information that personally identifies you.
  • By “content” we mean anything you or other users post, provide or share using our Services.
  • By “Aggregate Data” we mean any data, that we or third parties can retrieve from our Site that is not personally identifiable information.
  • By “post” we mean anything that you and other users place on the Site.
  • By “use” or “uses” we mean any way in which a person, company and other third party might use, copy, display, distribute, modify, translate, and create derivative works.
  • By “user” we mean any person or entity that uses the Site.
  • Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms.

SECURITY:

PLEASE KNOW THAT CONTENT POSTED ON THE SITE IS NOT CONFIDENTIAL. DO NOT POST CONFIDENTIAL INFORMATION ON THIS SITE.

As you should know, the Internet is not a 100% secure environment, so we cannot guarantee the security of any information. Emails, instant messaging, and similar means of communication are not encrypted, and we strongly advise you not to communicate any confidential information through these means. It is your responsibility to protect your login information and use a strong password. Please Report Security Breaches: We support the responsible reporting of security vulnerabilities. To report a security issue, please contact us via the Contact Us page. We use safeguards designed to protect your Personal Information including commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that your information on the Service may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Credit card information is processed through a third-party payment provider and is not kept by us. After a transaction, your credit card information will NOT be stored on our servers. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway provider’s database.

YOUR RESPONSIBILITIES:

Be Careful:

Any transactions you undertake are your responsibility alone, so be careful.

Use Your Own Judgment:The Site is intended to be an information sharing platform. We are not responsible for the veracity of the content of the Site or, any decisions you make based on something you read or see on the Site.

Protect Your User Name and Password:If you are asked to provide a user name and password, you are entirely responsible for maintaining the confidentiality of your password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge.

Follow our Community Guidelines:

You agree to follow all our Community Guidelines, and included as part of these Terms. Although we provide Guidelines for user conduct, we do not control or direct users’ actions on the Site and are not responsible for the content or information users transmit or share. We are not responsible for any offensive, inappropriate, obscene, and unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.

Unlawful Use:You may not use the Site to break the law, violate an individual’s privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.  The following are absolutely prohibited:

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Website.

Suspension:If you violate the above Unlawful Use items or the Community Guidelines,  we may:

  1. remove any of your User Content from the Site for violations of this agreement, and referenced policies and guidelines, and/or
  2. suspend your access to the Site, and/or
  3. suspend or terminate your membership, for any other reason(s) we choose, without advance notice to you and at any time.

Membership: To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Responsibility for Payment:If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to us or one of our service providers.

USER CONTRIBUTIONS:

The Website may contain forum, personal web pages or profiles, articles, photos, videos, comments, forum, chat, classifieds and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You are Responsible for What You Post: All articles, images, videos, reviews, comments, classified ads, forum posts, communications, and all other content contributed by users (“User Content”) are subject to these Terms. You are legally and ethically responsible for any User Content you post including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the content and that doing so doesn’t conflict with any other licenses you have granted. We take no responsibility and assumes no liability for any content posted by you or any third party.

Only Post Content You Own: By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You Agree Not to Post Any Content Which You Do Not Own: When submitting Content, you agree to obey the law and to respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or any other type of content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User login. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Please see our Copyright Infringement Policy if you have any concerns about copyright infringement and to submit a notification of copyright infringement.

You Own the Rights to Your Content: You own the rights to the content you post unless you choose specifically to renounce it. However, by posting content to us, you give us permission and a non-exclusive right to use, including, without limitation, modifying, editing storing, displaying, reproducing, archiving and distributing your content in perpetuity. This may include promoting your content with partner companies or services for broader broadcast, distribution, or publication. In posting a work as User Content, you authorize other members who have access to our service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination; this includes people or other ENTITIES THAT USE SITES OTHER THAN this Site, to access and use that information, and to associate it with you (i.e., your name and profile picture which appear on a comment you posted about an article).

You Can Request that Your Content be Deleted: You are free to request that we delete your content. Once you submit a request to us to delete your content, we will work as quickly as possible to fulfill your request; though there may be a delay in removing it from public view due to operational requirements. If you delete your account or content, it may be permanently unrecoverable whether or not we have retained a backup or archival copies. And, please be aware that we may retain, but do not publicly display, backup copies of your deleted content on our servers indefinitely.

Inappropriate Content: You agree not to upload, download, display, perform, transmit or otherwise distribute any content that:

  • is libelous, defamatory, obscene, pornographic, abusive or threatening;
  • advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability; or
  • otherwise violate any applicable local, state, national or foreign law or regulation.

We will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. And we reserve the right to terminate or delete such material from our servers. You agree that we have the right to monitor the Site, but that we do not guarantee we will monitor at all. We cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Alleged Violations: To ensure that we provide a high-quality experience for you and for other users of the Site and the Service, you agree that we or our representatives, may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others.

USE OF CONTENT:

Accuracy: We cannot and do not guarantee that any of the information on the Site is completely accurate or current. Please vet all information posted on the Site, whether it was posted by our staff or by other users. It is each user’s responsibility to perform due diligence on all information obtained from this site, as is prudent for any information on the Internet, television, radio, etc.. No information on this site should be interpreted as business, engineering, legal, financial, or medical advice and you should always seek at least one professional opinion regarding your specific circumstances if warranted. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

External Links: This Site contains links to websites controlled by parties (a “Third Party or External Site”) other than DesignwithNature.US. We may work with a number of partners and affiliates whose Internet sites may be linked with the Site. This includes links contained in advertisements, including banner advertisements and sponsored links. We provide these links as a convenience. You acknowledge and agree that we have no control over, and no liability for any third party websites or materials. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. We are not responsible for and do not endorse, nor sponsor, any information on any external website. By using an external website, you bear all risks associated with access to and use of content, subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

We are dedicated to maintaining a strict standard of excellence in all of the material associated with this web site, however, while reasonable care has been taken in the preparation of this website to ensure that the information contained on it is accurate, no warranty or representation of satisfactory quality or fitness for a particular purpose, whether express or implied, is given, nor is any warranty or representation given that the information and materials are free from errors or inaccuracy. Any guidance contained in this website is intended only as a broad guideline and is by no means definitive.  The Business, Engineering, Legal, Medical and Financial fields are constantly evolving, so expert advice should always be sought. In no event shall we, or those who may contribute Business, Engineering, Legal, Medical, Financial, professional, or any other information, be liable for any damages (including without limitation, direct, incidental and consequential damages, personal injury / wrongful death, lost profits, or damages for any personal injury, including death, caused by your use or misuse of the Site or Content or resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not we and those who may contribute any Business, Engineering, Legal, Medical, Financial, professional, or any other information is advised of the possibility of such damages. We may or may not monitor or control the Content posted on the Site; the information, posts, and messages created by Business, Engineering, Legal, Medical, Financial, or other professionals, or any other contributors are their sole creation and responsibility. We do not endorse nor guarantee the completeness, truthfulness, accuracy, or reliability of any such information, nor do we endorse any opinions they express. Information posted on our Site is not confidential and does not establish an attorney-client, physician-patient, or other professional-client relationship. Business, Engineering, Legal, Medical, Financial, professional, and any other contributors should consult with their applicable oversight organization(s), such as their state bar, medical board, or other professional oversight organization(s) for appropriate disclaimer language to add to their posts or content.

Business, Engineering, Legal and Finacial Advice: Content posted by Business, Engineering, Legal or Finacial Contributors in response to questions is not intended to be professional advice by this Site or to form a professional-client relationship with this Site or other Users. Contact a professional licensed in your state (or country) to discuss your options. You should not delay or forego seeking professional advice, or disregard professional advice based on Content on this Site.  Delay in seeking such advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.

Medical Advice: Content posted by Medical Contributors is not intended to be medical advice or instructions for medical diagnosis or treatment by this Site, and no physician-patient relationship is, or is intended to be, created by Content provided by Medical Contributors.

  • If you think you may have a medical emergency, call your doctor or your local emergency number (911 in the United States) immediately.
  • Content is not a substitute for professional medical advice, examination, diagnosis or treatment.
  • You should not delay or forego seeking treatment for a medical condition, or disregard professional medical advice based on Content on this Site.
  • You should always seek the advice of your physician or other qualified healthcare professional before starting or changing treatment.
  • Content should not be used to diagnose, treat, cure, or prevent disease without the supervision of a doctor or qualified healthcare provider.
  • Content does not recommend or endorse any medical tests, physicians, products, procedures, opinions or other information.
  • Content is not regulated by the Food and Drug Administration or any state or national medical board.

WHAT YOU ALLOW US TO DO:

You allow us to use your submitted information to perform services for you: You allow us to use any personal information that you give us in regard to a request for a specific service for that service. By publishing on our Site, you agree to allow others to view your content and thus you grant us a worldwide, royalty-free, nonexclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. We may or may not pre-screen user content, but we have the right (though no obligation) to refuse or remove any content you post or transfer to us for any reason. We have the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content. To protect site security, we reserve the right to delete any corrupted or malicious User Content and temporarily disable any user account that is suspected of corrupting site security. In all such cases, we will contact the member as soon as feasible.

Suggestions You Offer: Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

OTHER CONSIDERATIONS:

Regarding Advertisers on the Site: Advertisements for products or services do not constitute an endorsement by us, does not imply any partnership and we do not make any representation of these parties. Listing on this Site does not constitute a warranty or guarantee of performance, durability or safety. It is the User’s responsibility to verify through samples, tests, and inquiry to Advertisers that performance criteria are met. The information within these Advertisements is considered a benefit and is provided as goodwill and correct to the best of our information, knowledge, and belief, based on the information provided by the Advertisers. Users and Advertisers agree to indemnify, defend and hold us harmless for, from and against any and all liabilities, damages, losses, claims, costs and expenses, including without limitation attorneys’ fees, whatsoever arising out of or resulting from: (i) any breach of Agreements by users, members or listed resource providers, or the nonperformance of any agreement, condition or obligation to be performed by users, members or listed resource providers or agents;; and (ii) any actions, suits, losses, proceedings, demands, judgments, costs, legal expenses and other expenses incident to any of the preceding or arising out of or related to any negligent, reckless or intentional acts of users, members or listed resource providers or its agents, regardless of any allegation, claim or assertion of fault.

Our Server: Our site is created on the WordPress system and is hosted by GreenGeeks Web Hosting, 5739 Kanan Rd Suite 300, Agoura Hills, CA 91301, USA. GreenGeeks security information can be seen at: https://www.greengeeks.com/platform/. You agree to indemnify us from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with WordPress or GreenGeeks Web Hosting.  Both WordPress or GreenGeeks Web Hosting have their own Terms of Use.

We Offer No Warrantee: The site and all content and functionality are provided “as is” and “as available” basis, without warranty of any kind including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied. We make no warranty that the site or the content will: meet your requirements; be available on an uninterrupted, timely, secure or error-free basis; or that the results that may be obtained from the use of the site will be accurate or reliable; or the quality of any products, services, information or other material purchased or obtained by you through the site will meet your expectations. Obtaining anything through the use of the site is done at your own discretion and at your own risk. We have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. You understand and expressly agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to our Services.

Availability of Website: We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Indemnification: Except as prohibited by law, you will hold us, our officers, directors, employees, agents, and third-party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted, arising out of or related to your access to or use of our Site, your violation of this Agreement, and/or your violation of the rights of any third party or person, including any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if we have been previously advised of the possibility of such damage.

Limits of Liability: Except as prohibited by law, if there is liability found on our part, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Our aggregate liability arising out of these Terms will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, 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.” You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.

Our Copyright: This Site and related Services are owned and operated by us. The look and feel of the Site are a copyright of DesignwithNature.US. All rights reserved and protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. All rights, title and interest in and to the materials provided, including but not limited to: software, text, information, documents, logos, design, graphics, sounds and images (the “Materials”) are owned either by us or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by us, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Any rights not expressly granted herein are reserved. We will actively and aggressively pursue any parties who infringe on our intellectual property rights to the maximum extent allowed by law.

Who to contact if you would like to submit a request to use our materials: info@designwithnature.us – (please include “Copyright” in the beginning of the subject line) Or, you may write us a letter and send it to: Design with Nature, 304 West Main St, #106, Avon, CT 06001

Limited Permission to Download: We hereby grant you permission to download, view, copy and print our Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any of our Materials not be altered or removed, (ii) our Materials are not used on any other website or in a networked computer environment and (iii) our Materials are not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any of our Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

DISPUTES:

Refund Policy: Member benefits/perks are subject to change without notice. If you have a membership, you may choose to end your membership at any time. If you were paying your membership fee on an annual basis, we will refund your fee on a prorated basis, based on the number of months left of the 12 months for which you paid. If you purchased a flat-fee life-time membership, we will refund you on a pro-rated basis, based on the then current monthly membership fee. Please contact us to request the refund, giving all details you have, including your name, date of purchase and reason for the cancelation.

Dispute Resolution: We will endeavor to resolve any problems you may have through our customer service channels. If you have a concern, would you please contact us via our Contact Us page? If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Arbitration Process. Judgment on the award rendered by the arbitrator(s) may be entered in a Connecticut court. The place of arbitration shall be Hartford, CT.

Changes: We reserve the right to change these Terms, and you agree (including by virtue of your continued use of our site) to be bound by any such changes. Whenever we make substantial changes to policies, guidelines or other terms referenced in or incorporated by this agreement, we will endeavor to notify you via email when these terms are substantially changed, if we have your email address. The notice will designate a reasonable amount of time (the “Notice Period”) after which the new terms will go into effect for all users. However, even if you do not receive the notice, please note that it is ultimately your responsibility to review these Terms periodically. Your continued use of our Site and Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

Governing Law: This Agreement is governed by Connecticut State law and any action will take place in Connecticut. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the above Mediation and Arbitration clause and shall be interpreted and governed by the laws of the State of Connecticut. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

Geographic Restrictions: The owner of the Website is based in the State of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Written in English: These Terms were written in United States English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. By using DesignwithNature.US or any products or services offered by us, you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

Compliance with Export Restrictions: You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Special Provisions Applicable to Users Outside the United States: The following provisions apply to users and non-users outside the United States:

  • You consent to have your personal data transferred to and processed in the United States.
  • If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on our Site (such as advertising or payments) or operate a Platform application or website.
  • You will not use our Site if you are prohibited from receiving products, services, or software originating from the United States.

Force Majeure: Notwithstanding anything to the contrary herein, we shall not be in breach or in default because of, and will not be liable to Users or Advertisers for any delay or failure to perform obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, boycotts, riot, war, terrorism, and restraints of public authority or similar event beyond reasonable control (each a “Force Majeure Event”).

Miscellaneous:

  • These Terms also incorporate our Privacy policy. If there is any conflict between these Terms and any additional policies, these Terms will control.
  • Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our site shall be subject to these Terms.
  • If any provision of this Terms Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement. The headings in this agreement are for convenience and do not control any of its provisions.
  • Our failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of that right or provision.
  • Any amendment to or waiver of these Terms must be made in writing and signed by us. We may amend these Terms at any time and in our sole discretion.
  • You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
  • We reserve all rights not expressly granted to you.
  • All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in these Terms shall prevent us from complying with any applicable law of any jurisdiction.
  • These Terms do not confer any third party beneficiary rights.

Last updated: January 25, 2019