Terms of service

OVERVIEW
This website is operated by Designer Investment. Throughout the site, the terms “we”, “us” and “our” refer to Designer Investment. Designer Investment offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Designer Investment, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Designer Investment and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@designerinvestment.com

SECTION 21 -ESTIMATION SERVICES

Designer Investment agrees to produce a digital “estimate” document with the work description set forth in the Invoice sent via email or paid for on designerinvestment.com.

The quantities, numbers, scope, or any other information contained in the estimate document will have been compiled to the best of our knowledge. By utilizing or deriving any of the information contained in the final “estimate” document described above, you accept the information and quantities as accurate and waive any rights to any claims for errors in information.  It is the customer’s responsibility to provide accurate drawings and scope of work.  Designer Investment. does not warranty any of the information contained in the “estimate” document.  Designer Investment utilizes National Construction Estimator by Craftsman Book Company for obtaining local labor and material pricing. Designer Investment is not responsible for variations in pricing between estimated database costs and final pricing.  By hiring Designer Investment to produce the estimate you agree this estimate to be a guideline that is intended to be for informational purposes only.  Our pricing and quantities are not professional recommendations rather strictly to be used as a guideline and resource to complete the pricing.  Labor and material pricing varies by region, vendor, supplier, contractor, and installer, and is compiled based on a construction cost database that is updated periodically and is subject to change without notice. Labor rates adjusted manually will be per client’s approved hourly rate.

Estimated delivery of “estimate” is usually 6-9 business days after date of payment unless otherwise noted.  Delivery date is an estimate and not guaranteed by the delivery window, nor is guaranteed by a customer’s bid or required date unless an expedite fee or guaranteed-by fee is included.  Business days are defined as Monday-Friday, excluding all Holidays.  In the event that an estimate is cancelled after payment and prior to delivery, Designer Investment will review and make a determination of the amount of the refund if any, and will take into consideration costs incurred including labor costs,  transaction fees, and other costs to determine any refunds.  The minimum cancellation fee is 25% even if no work has been performed on the estimate.  However, once payment is made, Designer Investment reserves the right to refuse refunds and may issue a credit to be used for the next estimate(s).

A standard estimate consists of a spreadsheet with costs of labor, materials, subcontractor markup, contingency, supervision, equipment, construction costs.  If providing a material list; Material lists provided are basic material list which include preliminary quantities not necessarily including accessories, connectors, screws, and other miscellaneous items required for installation.  These additional accessories are not included.  Any revisions to estimates different than our our standard delivery is considered additional work and may incur additional fees.  Designer Investment is not required to perform any revisions once the delivery is made.  Revisions are not considered part of the original product or service provided therefore are not required unless additional fees are collected.

Designer Investment reserves the right to use any media of any format, company name, project name, individual name, testimonial, estimate, documentation, PDFs, drawings, images, client logos, or any other information for marketing purposes unless a written agreement in the form of a Non-Disclosure Agreement has been provided by Designer Investment. or “client”.  If any information is sensitive or is preferred to remain confidential, it is the responsibility of the client to notify us in writing so we may produce the proper Non-Disclosure Agreement to be signed by both parties.

SECTION 22- Automated Calendar Instant Booking.

You can choose to schedule appointments with our Service Professionals that have chosen to list available services right on our website. Please be aware that Designer Investment does not guarantee that the Service Professionals will be on time for, or show up for, any such booked appointments, as the Service Professionals are not the employees, contractors or agents of Designer Investment. Designer Investment is solely providing a platform to facilitate scheduling of appointments between you and the Service Professional.

SECTION 23- PAYMENTS

We may allow you to pay for goods or services provided by Service Professionals, through the Designer Investment website, apps, or services. Should you have any dispute with the goods or services provided by the Service Professional(s) you select then you must contact the Service Professional and resolve such dispute with the Service Professional. However, if the dispute is regarding the amount of money that you paid for the services by the Service Professional (including that you were not charged the amount you agreed to in your agreement with the Service Professional) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service Professional services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.

   You acknowledge and agree that your payments through Designer Investment are transactions between you and the Service Professional and not with Designer Investment or any of its affiliates. Designer Investment is not a party to your payments unless expressly designated as such on the Designer Investment website. You also agree that Designer Investment may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by Designer Investment. Designer Investment may reflect these changes to your stored payment information to prevent payment failure or service termination.

You also agree that a Service Professional, and Designer Investment acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through Designer Investment is declined or returned by the payment network.

Designer Investment may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Designer Investment to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Designer Investment to purchase any services or products that violate these Terms, other policies or rules applicable, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Designer Investment and/or your Designer Investment account.

Except as set forth in these Terms, all payments processed are non-refundable to you by Designer Investment and are non-reversible by you through Designer Investment. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.

You agree to release Designer Investment, its affiliates, and agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Designer Investment. You agree that you will not involve Designer Investment in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Designer Investment. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Designer Investment and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 19. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

SECTION 24- USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Designer Investment including but not limited to:

• Photographs or Images,
• Comments, Questions and/or Answers,
• Any other content
  (known collectively as "Content") is the sole and exclusive property of Designer Investment, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
• Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
• Grant of License. You hereby grant Designer Investment and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Designer Investment and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
• Representation of Ownership and Right to Use Content. By posting or providing any Content to Designer Investment, you represent and warrant to Designer Investment that you own or have all necessary rights to use the Content, and grant to Designer Investment the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
• Content Guidelines. Designer Investment reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Designer Investment owned or operated websites or apps if Designer Investment determines (in its sole discretion) that such content contains or features any of the following:
1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
2. References to illegal activity.
3. Language that violates the standards of good taste or the standards of this Site.
4. Statements that are or appear to be false.
5. Comments that disparage Designer Investment.
6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
2. Comments concerning a different Service Professional.
3. Information not related to work requested in the service request.
4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
• Ratings Explanation. Where Service Professionals are displayed, the star rating is calculated based on a conversion of their sales and feedback.

SECTION 28- ACCOUNT TERMS 

1. • You are responsible for maintaining the security of your account and password. Designer Investment cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
   • You are responsible for all content posted and activity that occurs under your account.
   • You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
   • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
   • You must be a human. Accounts registered by “bots” or other automated methods are not permitted. 

    

   SECTION 29- ACCOUNT MEMBERS

INFORMATION AND MATERIALS YOU POST OR PROVIDE 

• You represent that you have all right, title, and interest to materials you post on the Site or provide to Designer Investment, (“Materials”) including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials
• All products are original or you have obtained all necessary rights to the products and are not reproductions of existing products by other brands.
• Posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
• You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit
• The posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.
• You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Service.

 

  Copyright and Content Ownership

• All content posted on the Service must comply with U.S. copyright law.
• We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
• The Company does not pre-screen all content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

 

 API Terms 

Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
• Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Designer Investment, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

 

 Payment, Refunds, Upgrading and Downgrading Terms 

 

• The Service is offered with a free account under the Essentials Plan. The Essentials Plan has feature limitations.
• If you upgrade to a paid plan, you will only be able to continue using the features included in those plans by paying in advance. If you fail to pay for your plan, your account will be automatically downgraded to the free Essentials Plan. The additional features available in the paid plans will not be available until payment is made.
• Any upgrade or downgrade in plan level will result in the new rate being charged immediately. There will be no prorating for upgrades or downgrades in between billing cycles.
• Downgrading your Service may cause the loss of features, some data associated with those features, or capacity of your account. The Company does not accept any liability for such loss.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
• Refunds are processed according to our fair refund policy.

 

  Cancellation and Termination

• You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Manage Your Plan link in the upper right corner under “Hi, Your Name”. Simply, downgrade to the Essentials Plan and you will no longer be billed a subscription fee. This is a simple, no-questions-asked way to cancel your payments.
• When you cancel a subscription and/or downgrade to a free Essentials account, all of your items will be automatically removed from your store and some data related to those items will be lost. Within 90 days, all content will be permanently deleted from your account. This information cannot be recovered once it has been permanently deleted.
• The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

 

  Modifications to the Service and Prices

• The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
• Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the site or the Service itself.
• The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

  General Conditions

• Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
• Technical support is only provided via email.
• You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You must not modify, adapt or hack the Service.
• You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
• We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
• You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
• We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
• The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
• You expressly understand and agree that the Company 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 the Company has 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 the service.
• The failure of Designer Investment to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

 

 

 SALES TAX POLICY

In accordance with applicable state and local laws, we are required to charge sales tax in localities where Designer Investment Group, LLC has operations. Designer Investment Group, LLC does not benefit from the collection of sales tax and we remit all taxes collected directly to the appropriate taxing jurisdiction.

As a general rule, it is the laws of the state of delivery that determine whether sales tax will be due on your transaction.

The terms contained herein are subject to change as the taxation of online transactions is continually evolving. Designer Investment Group, LLC  strives to comply with state and local tax laws as they exist currently and continues to monitor and update its taxation policies as those laws change.