Terms and Conditions
Individuals (the "Users") who visit DesignFloorPlan.com ("DFP") Web Site operated under the URL: DesignFloorPlan.com (the "Site") represent that they have read and understand, and agree to be bound by, these Terms and Conditions. User's use of the Site will constitute acceptance of these Terms and Conditions. If User does not agree to these Terms and Conditions, User should neither access nor use the Site.
USE OF THE SITE
Users may print or download material from DFP's Site for the purpose of gaining information on DFP's products, support services and company only. DFP's Site Contents (as defined in the "Intellectual Property" section below) may not be copied, reproduced, modified, published, displayed, uploaded, posted, reposted, distributed, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without DFP's prior written permission.
Users of DFP's Site assume all risks. DFP's Site and its Contents may not be current, complete, accurate or adequate. Users should verify the accuracy, completeness, applicability and adequacy of all Contents contained in DFP's Site before relying on it. DFP makes no warranties or representations as to DFP's Site Contents accuracy, unavailability, completeness or timeliness. DFP specifically disclaims any liability or responsibility for any errors and/or omissions in the Contents on its Site. DFP hereby disclaims any duty or obligation to provide any content updates.
DFP will not accept any unsolicited proposals or work product, and the submission or transmission of unsolicited concepts, ideas, artwork, creative, business or marketing strategies, or any other materials from DFP's Site Users will be considered non-confidential and non-proprietary. DFP's Site Users that send such unsolicited communication to DFP consent that DFP may use such communication materials for any and all commercial or non-commercial purposes without compensation, obligation or recognition of any kind to said User.
The User is prohibited from communicating with DFP through a posting, email, form, submission or other transmission from or to DFP's Site in which any portion of the communication is unlawful, obscene, pornographic, libelous, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.
DFP's Site users are further prohibited to communicating through a posting, email, form, submission or other transmission from or to DFP's Site in which any portion of the communication consists of or contains software viruses, chain letters, political campaigning, commercial solicitation, mass mailings, or any form of "spam."
Users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead DFP as to the location of the communication or content. No permission is hereby granted to any User to link from any other Web site to any portion of the DFP Site, or to frame any content contained on the Site without DFP's prior written permission.
DFP's Site text, graphics, images, logos, button icons, downloads, contact forms, screens, functionality, computer code, video, audio, animation, software, the overall design of the Site, selection, arrangement and presentation of all materials of whatever kind on the DFP Site (the "Contents") are owned and copyrighted by DFP and/or other parties. The DFP Site Contents may also contain or reference trademarks, products, logos, copyrights, patents, trade secrets, technologies, processes or other proprietary rights of third parties ("Intellectual Property").
All such Intellectual Property is the property of its respective owner, which may be DFP and/or other parties. Except as otherwise expressly stated herein, Users are not granted any license to use, or right in, any such Intellectual Property. Nothing in these Terms and Conditions shall be deemed to grant to User or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of DFP.
In compliance with the Children's Online Privacy Protection Act, 15 U.S.C. §§ 6501-6506 and 16 C.F.R. §§ 312.1-312.12, DFP does not permit children under 13 years of age to become Users of the DFP Site. By using the Site, User represents that User is not under 13 years of age.
MODIFICATION OF THE TERMS AND CONDITIONS
Users are responsible for periodically reviewing DFP's Terms and Conditions. Users continued use of the DFP Site will be deemed an acceptance of DFP's Terms and Conditions then in effect. DFP may, in its sole discretion, make changes at any time to the Site or these Terms and Conditions. Any modifications to these Terms and Conditions will be effective upon posting. User's continued use of the Site following posting of any revised Terms and Conditions will constitute acceptance of the modified Terms and Conditions.
UNAUTHORIZED USE OF THE SITE
DFP reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to, action that imposes an unreasonable load on the Site. DFP's decision not to pursue legal action for any violation of the Terms and Conditions shall not be construed as a waiver of the Terms and Conditions or DFP's legal rights. In the event that any provision of DFP's Web Site Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
THIRD PARTY WEB SITE
DFP may display on this Site links to third party Site. DFP is not responsible for the contents of such links, or other materials relating to such linked Site, or any link contained in a linked site. The display of any link does not imply endorsement by DFP of the linked site.
IN NO EVENT WILL DFP BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.
DFP reserves the right to send Users email or postal mail related to DFP, its services or other news related to DFP's industry. Users that do not want to receive e-mail or postal mail from DFP in the future should send an e-mail.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DFP, OR ITS EMPLOYEES, SUBCONTRACTORS, CLIENTS, PARTNERS OR VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE DFP SITE AND CONTENTS; INTERRUPTIONS IN AVAILABILITY; LOSS OF INFORMATION; VIRUSES THAT MAY INFECT USERS' COMPUTER EQUIPMENT OR OTHER PROPERTY; UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS OR DATA; SITE DEFECTS; STATEMENT OR CONDUCT OR ANY THIRD PARTY ON THE DFP SITE; OR ANY OTHER MATTER RELATING TO THE DFP SITE EVEN IF DFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE DFP SITE AND ALL THE MATERIALS CONTAINED HEREIN ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND DFP, HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
DFP is located in the United States in the City of Evanston, Cook County, Illinois. The laws of the State of Illinois will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. User agrees that any action arising out of the Terms and Conditions or User's use of the Site shall be brought in state or federal court in Cook County, Illinois, and User consents to the jurisdiction of such courts.
DFP is located in the United States and is intended for use within the United States and Canada. DFP makes no representation that the Site and its Contents are appropriate or available for use in other locations. Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Users may not use or export the Site or its Contents in violation of United States export laws and regulations.
User may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder. DFP's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless DFP agrees to such waiver in writing.
If any part of these Terms and Conditions is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms and Conditions set forth the entire understanding between User and DFP with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between User and DFP with respect to such subject matter.
If User has any questions relating to these Terms and Conditions or DFP, please contact DFP by e-mail.