Design in Session Website
Terms and Conditions of Use
Please carefully read our terms and conditions of use. These constitute a binding agreement between you and Design in Session ("DIS"). You agree that your use of our www.designinsession.com website, or any products or services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. When we use the words "you" or "your" in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site.
We may from time to time amend, supplement or modify these terms and conditions. You must check this agreement periodically for changes. Your continued use of DIS website following the posting of changes will also mean that you accept and agree to the changes.
1. Contact Information.
Design in Session
3024 Ravenwood Rd
Snellville, GA 30078
2. Access to Content.
DIS strives to provide the best instructional and training content to our customers on a continuous basis. Anytime you desire to purchase an instructional program, you simply follow the instructions on our website to sign up and purchase the program. Content, electronic books, and instructional programs may, occasionally have promotional pricing. If you want to possess, own a copy or view a video class you must purchase the copy within the Design in Session store. Different programs, books, templates or classes may be subject to different terms and conditions.
We also try to provide uninterrupted access to our website. However, from time to time, you may be unable to access one or more classes or other digital content due to conditions beyond our control. These conditions include, but are not limited to acts of God, power outages, electrical problems and/or the acts of computer hackers and others acting outside the law. Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. Please know that, when one or more of these events occurs, DIS will exert commercially reasonable steps to ensure access is restored within a reasonable period of time.
DIS reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our website in whole or in part, including, without limitation, any content, availability or access to http://www.designinsession.com. You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our website and any instructional content available through it.
3. Fees & Refund Policy.
Fees charged for access and the viewing of content and courses through our website are subject to change at any time. We generally do NOT issue refunds once you have accessed a class, book, template or other downloadable merchandise. This is principally because, once you have viewed a program, there is no way to "un-view" it. Also, once you take possession of a digital copy of a video course, instructional book, or template, we have no way to force you to give it back and, even if you did, we have no assurances that you returned your only copy. This being said, DIS reserves the right, at its sole discretion, to decide whether to give full or partial refunds in accordance with Section 5 below.
4. Prohibited Conduct.
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do: You may not:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects designinsession's computers, servers or databases.
Capture, download, save, upload, print or otherwise retain information or content available on the site other than what you have paid for, in accordance with any license agreements you may be required to click-and-accept or otherwise is expressly allowed by this agreement.
Permit or provide others access to our content and courses using your user name and password or otherwise, or the name and password of another authorized user of our site.
Copy, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
Transfer our website content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to our website content; or "deep link" to the Site Content.
Violate or attempt to violate DIS's security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws!).
Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
Use or attempt to use or website or any of our content to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
Misrepresent your identity or personal information when accessing our website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by http://www.designinsession.com.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on or through our site.
Provide any commercial hosting service with access to our site and/or its content or programs.
Make available on or through your user profile works, content, materials or properties that allegedly or actually violate, infringe or misappropriate the rights or properties of any third party.
We reserve the right to monitor use of our website(s) and we may revoke or deny access to any content or programs to any person or entity whose behavior, activities or use of our website or its content violates or appears to violate the prohibited conduct described above. Access to content or programs beyond that of normal patterns of use that suggests systematic copying of the materials constitutes prohibited conduct and will result in revocation or denial of access to the Content. The terms "normal patterns" and "abuse" shall be determined solely by DIS.
We report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about your use of our site to law enforcement and others as may be useful to respond to allegations that our website, content, services or information has been misused or violates the rights of any third party.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
5. Limited Warranties.
DIS makes no representations or warranties regarding its www.designinsession.com website. The classes, books, and instructional digital content available on or through DIS have been compiled by DIS for the purposes of providing instruction on the subject matter of the given topic, program or course. Because of the changing and didactic nature each subject area, neither DIS nor any of our instructors or publishers represents or warrants that any content or information is current, complete or accurate.
DIS represents and warrants that if you purchase the right to continue to download a video class, electronic book, template, or any other digital asset on our site, we represent and warrant that you will generally have access to the content, through our site, subject to Section 2 above.
DESIGNINSESSIONS' SOLE LIABILITY FOR ANY BREACH OF THESE WARRANTIES SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE ANY DEFECTIVE MEDIA (IF APPLICABLE (B) TO EXERT COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS TO THE APPLICABLE CONTENT. IF EITHER (A) OR (B) ARE IMPRACTICABLE, WE MAY DECIDE, AT OUR SOLE DISCRETION, TO REFUND THE APPLICABLE FEE PAID FOR PURCHASE OF AND/OR ACCESS TO THE CONTENT.
IF YOU HAVE ANY PROBLEM WITH ANY CONTENT PURCHASED ON OUR WEBSITE, YOU MUST REPORT IT TO US IN WRITING WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM. IF YOU DO NOT, DIS WILL NOT BE OBLIGATED TO HONOR ITS LIMITED WARRANTIES AS DESCRIBED IN THIS SECTION. DIS WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND AS DESCRIBED IN THIS SECTION WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. THE LIMITED WARRANTIES OFFERED BY DIS HEREUNDER WILL BE VOID AND IS TERMINATED IF ANY MODIFICATIONS ARE MADE TO ANY MEDIA OR CONTENT; IF ANY MEDIA IS SUBJECT TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS AGREEMENT.
ALTHOUGH DIS HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
6. Disclaimers and Limitations on Liability.
EXCEPT FOR THE LIMITED WARRANTIES AND REMEDIES DESCRIBED IN SECTION 5 IMMEDIATELY ABOVE, DIS AND www. Designinsession.com HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD OR STREAMED IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO DEALER, AGENT, REPRESENTATIVE, LICENSEE OR EMPLOYEE OF CL IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
7. Your Assumption of Certain Risks Helps Us Keep Prices Down.
8. Your Indemnification Obligation.
You agree that you shall indemnify and hold harmless DIS, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through DIS and www.designinsession.com, against any and all losses, claims, demands, expenses (including reasonable attorneys' and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it.
9. Third Party Content; Hyperlinks.
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. DIS may disable any hyperlink to our site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
DIS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, DIS DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A DIS WEBSITE.
10. Copyrights, Trademarks and Other Proprietary Rights.
DIS and/or its third party content providers retain all rights throughout the universe in the intellectual property in and on the DIS website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by DIS. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial or other use without the prior written consent of DIS, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of DIS' intellectual property except as set forth in Section 2.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to DIS, You may forfeit your intellectual property rights and moral rights contained in such communication or material.
If you create a user profile on the DIS website, DIS may, at its sole discretion, temporarily or permanently suspend, block, terminate your access and/or delete your user profile if you put any material or content in your profile which allegedly or actually violates, infringes or misappropriates a third person’s rights or properties.
Design in Session will promptly respond to any reasonable notice or claim that a user profile infringes the copyright or other proprietary rights of any person or company. Design in Session will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action where it believes action is warranted. To notify Design in Session of a possible infringement, please send written notice to the attention of “Infringement” care of firstname.lastname@example.org. Your notice must include a detailed description of the alleged infringement sufficient to enable Design in Session to make a reasonable determination of its veracity and accuracy. You may be liable for damages (including reasonable attorneys’ fees and costs) for misrepresenting that certain user profiles infringe your copyright. If we remove or disable access to a user profile in response to a written notice, we will make reasonable attempts to contact the user who posted the affected user profile. If we take remedial action against your user profile, you may provide Design in Session with your own written response, to the attention of “Infringement Counter Notification” at email@example.com. Your counter-notice must include sufficient information to enable Design in Session to make a reasonable determination regarding your position. Please note that you may be held. We recommend that you seek the advice of a qualified attorney, barrister or solicitor for any disputes, which may arise regarding your user profile and its related content.
11. Security; Authorized Use.
Copyright or other Intellectual Property Complaints for User Profiles. You may not, directly or indirectly, violate or attempt to violate the security of any DIS website. DIS has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. DIS may immediately suspend or terminate your access while it conducts an investigation. Users are required to enter a user name and password to access content or a user profile. To protect against unauthorized access to your account, we recommend you close your browser when you have finished using our website. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
You may not use the account, user profile, user name or password of someone else at any time. You agree to notify DIS immediately of any unauthorized use or loss of your account, user profile, user name, password and/or credit card information. You also agree to notify DIS immediately if you are aware of or suspect other unauthorized use of our website and/or any content or instructional programs. DIS will not be liable for any loss or damage you incur as a result of someone else using your user name and password or accessing your user profile (with or without your knowledge). You may be held liable for any losses incurred by DIS, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of your account, user profile, user name or password.
DIS will never ask you for your password. If you need a new user name and/or password, DIS will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
12. Term and Termination.
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 1,3,4,5,6,7,8,9,10,11,13,14,15, and 16 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any DIS website until all copies of that information are destroyed by you. In addition to any other rights or remedies DIS may have at law or in equity, Dis may terminate this agreement at any time and at its sole and absolute discretion. DIS may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that DIS deems inappropriate. Your obligation to pay fees shall survive any termination of this Agreement.
13. Third Party Advertisers.
We may use third-party advertising and communication companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons).
DIS primarily uses email to communicate with you. All purchase receipts, confirmation notices, welcome messages, workshop updates are delivered through electronic communications. DIS may periodically communicate service and other suitable updates with you via email. If you have any questions or comments about this agreement, any DIS website, or wish to report an issue, please contact us at firstname.lastname@example.org We will attempt to reply within a reasonable time period to each e-mail inquiry we receive, but we cannot guarantee any timely response.
EFFECTIVE DATE: March 27th, 2015