Terms of service
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Morgan Riley Design ("Company", “we”, “us”, or “our”), concerning your access to and use of the Morgan Riley Design website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You are encouraged to periodically review these Terms of Use to stay informed of updates. Your continued use of the Service after the posting of revised Terms of Use means that you accept and agree to the changes.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
INTELLECTUAL PROPERTY RIGHTS
The Service and all its original content (except for any provided by users), features, and functionality are the proprietary property of Morgan Riley Design and its licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and other countries.
Unless explicitly stated in these Terms of Use, no part of the Service and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.
Subject to your compliance with these Terms of Use, Morgan Riley Design grants you a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these terms.
USER REPRESENTATIONS
By using the Service, you represent and warrant that:
PROHIBITED ACTIVITIES
You are strictly prohibited from misusing our Service. While we encourage the use of the Service for your personal and commercial growth, solely in ways that are endorsed or approved by us, certain actions are strictly out of bounds. As a user of the Service, you agree not to:
(List specific prohibited actions relevant to your service, if any, such as unauthorized reselling of designs, replication of copyrighted materials, etc.)
SUBMISSIONS
At Morgan Riley Design, we welcome your questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions"). By making a Submission to us, you understand and agree that your ideas are non-confidential and will become the sole property of Morgan Riley Design. We gain exclusive rights, including all intellectual property rights associated with your Submissions, and possess the freedom to use and share these Submissions for any lawful purpose, commercial or otherwise, without any acknowledgment or financial compensation to you. You also waive any and all moral rights to the Submissions, asserting that they are original to you or that you have the necessary rights to submit them. Morgan Riley Design is free from any recourse for any infringement or misappropriation of proprietary rights in your Submissions.
SITE MANAGEMENT
We hold the right, although not the obligation, to:
If your account is terminated or suspended by us for any reason, you are prohibited from creating a new account under your name, a pseudonym, or the name of any third party, even if you may be representing the third party. Beyond account termination or suspension, we reserve the right to take further legal action, including civil, criminal, and injunctive redress.
Make sure to adapt the "Prohibited Activities" section to outline specific activities that might be relevant to your services, reflecting any particular concerns or policies of Morgan Riley Design. Moreover, reviewing this tailored document with a legal professional can further assure its effectiveness and compliance with relevant laws.
MODIFICATIONS AND INTERRUPTIONS
Morgan Riley Design reserves the right at any moment and for any reason, at our sole discretion, to alter, change, or eliminate any content of the Service without notice. Though we strive to keep all information up-to-date, we are under no obligation to update any information on our Service. We also retain the right to modify or terminate the Service, in whole or in part, at any time without prior notice. Morgan Riley Design will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
Service availability cannot be guaranteed constantly. We may face hardware, software, or other issues or may require maintenance concerning the Service, which could result in interruptions, delays, or errors. We have the right to alter, revise, update, suspend, discontinue, or otherwise modify the Service at any time for any reason without notice to you. You agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use obligates us to maintain and support the Service or to provide any updates, corrections, or releases related thereto.
GOVERNING LAW
This Agreement and your use of the Service are governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
Should the parties be unable to resolve a dispute through informal negotiations, the dispute (excluding those disputes expressly excluded below) will be resolved exclusively and finally by binding arbitration. Without this clause, you would have had the right to sue in court and have a jury trial. Arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, available on the AAA website. Your fees for arbitration and your share of arbitrator compensation will be governed by the AAA Rules. Arbitration can be conducted in person, through document submission, by phone, or online, producing a written decision that will not include reasoning unless requested. The arbitrator is bound by applicable law, and any award may be challenged if they fail to do so. Unless required otherwise by AAA rules or applicable law, arbitration will take place in Johnston County, North Carolina.
Should a dispute advance to court rather than arbitration for any reason, it shall be commenced in the state and federal courts of Johnston County, North Carolina. Both parties consent to this location and waive any objections to personal jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable under these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ___. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from or related to: (1) your use of our service; (2) your violation of these Terms of Use; (3) your breach of the representations and warranties outlined here; (4) your infringement of any third-party rights, including intellectual property rights; or (5) any direct harm caused to another user of our service with whom you have interacted through our platform. Despite this, we reserve the right, at your cost, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
USER DATA
We commit to maintaining specific data that you transfer to our website for managing our service's performance, as well as data reflecting your use of our platform. While we routinely perform backups of data, you are solely responsible for any data you transmit or that pertains to activities you've conducted through our service. You acknowledge that we bear no liability for any loss or corruption of such data, and you absolve us of any potential claims arising from such data loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Engaging with our service, sending us emails, and filling out online forms constitute electronic interactions. By partaking in such activities, you consent to receiving electronic communications from us. You affirm that electronic agreements, notices, disclosures, and other communications meet any legal requirements that such communications would satisfy if it were to be in writing. You further consent to the use of electronic signatures, contracts, and other records and to the electronic delivery of notices, policies, and transaction records initiated or concluded by us or through our platform. You waive any rights or requisites under any laws which demand physical signatures or the keeping of non-electronic records, or any payments not made electronically.
CALIFORNIA USERS AND RESIDENTS
Should any issue with our service not be adequately addressed, California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use, together with any additional policies or rules we post in connection with the service, constitute the entire agreement and understanding between you and our company. Our failure to enforce any right or provision here will not constitute a waiver of such right or provision. These terms will be applied to the fullest extent permissible by law. We reserve the right to transfer our rights and obligations under these terms to others at any time. Any inability to act due to events beyond our reasonable control will not be deemed a breach of these terms. Should any part of these terms be ruled unlawful, void, or unenforceable, that part will be severable, not affecting the validity and enforceability of remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and our company as a result of these terms or your use of our platform. These Terms of Use will not be interpreted against us due to them being drafted by us. You waive any defenses you may have based on the digital format of these terms and the absence of signatures by the parties to formalize these terms.
CONTACT US
For complaints or more information about our service, please reach out to us at:
Email: hello@morganrileydesign.com
Phone: 806.239.1850
Location: United States of America
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Morgan Riley Design ("Company", “we”, “us”, or “our”), concerning your access to and use of the Morgan Riley Design website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). By accessing the Service, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You are encouraged to periodically review these Terms of Use to stay informed of updates. Your continued use of the Service after the posting of revised Terms of Use means that you accept and agree to the changes.
The Service is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Service.
INTELLECTUAL PROPERTY RIGHTS
The Service and all its original content (except for any provided by users), features, and functionality are the proprietary property of Morgan Riley Design and its licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of the United States and other countries.
Unless explicitly stated in these Terms of Use, no part of the Service and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.
Subject to your compliance with these Terms of Use, Morgan Riley Design grants you a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these terms.
USER REPRESENTATIONS
By using the Service, you represent and warrant that:
- You have the legal capacity, and you agree to comply with these Terms of Use.
- You are not under the age of 18.
- You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Service for any unlawful or unauthorized purpose.
- Your use of the Service will not violate any applicable law or regulation.
- If we discover that the information you have provided is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any part thereof).
PROHIBITED ACTIVITIES
You are strictly prohibited from misusing our Service. While we encourage the use of the Service for your personal and commercial growth, solely in ways that are endorsed or approved by us, certain actions are strictly out of bounds. As a user of the Service, you agree not to:
(List specific prohibited actions relevant to your service, if any, such as unauthorized reselling of designs, replication of copyrighted materials, etc.)
SUBMISSIONS
At Morgan Riley Design, we welcome your questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions"). By making a Submission to us, you understand and agree that your ideas are non-confidential and will become the sole property of Morgan Riley Design. We gain exclusive rights, including all intellectual property rights associated with your Submissions, and possess the freedom to use and share these Submissions for any lawful purpose, commercial or otherwise, without any acknowledgment or financial compensation to you. You also waive any and all moral rights to the Submissions, asserting that they are original to you or that you have the necessary rights to submit them. Morgan Riley Design is free from any recourse for any infringement or misappropriation of proprietary rights in your Submissions.
SITE MANAGEMENT
We hold the right, although not the obligation, to:
- Monitor the Service for breaches of these Terms of Use.
- Take any necessary legal action against anyone who, in our sole judgment, violates these terms, including reporting such individuals to law enforcement authorities.
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically possible) any of your contributions that we consider in our sole discretion to be harmful to our Service, rights, or properties.
- Remove or disable any files and content that are excessive in size or are in any way burdensome to our systems, at our sole discretion and without prior notice or liability.
- Manage the Service in a manner that safeguards our rights and property and ensures its smooth operation.
- TERM AND TERMINATION
- These Terms of Use are effective unless and until terminated by either you or us. We may deny you access to the Service, without notice or liability, for any reason or no reason at all, including without limitation for breaching any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. Following termination, your right to use the Service will immediately cease.
If your account is terminated or suspended by us for any reason, you are prohibited from creating a new account under your name, a pseudonym, or the name of any third party, even if you may be representing the third party. Beyond account termination or suspension, we reserve the right to take further legal action, including civil, criminal, and injunctive redress.
Make sure to adapt the "Prohibited Activities" section to outline specific activities that might be relevant to your services, reflecting any particular concerns or policies of Morgan Riley Design. Moreover, reviewing this tailored document with a legal professional can further assure its effectiveness and compliance with relevant laws.
MODIFICATIONS AND INTERRUPTIONS
Morgan Riley Design reserves the right at any moment and for any reason, at our sole discretion, to alter, change, or eliminate any content of the Service without notice. Though we strive to keep all information up-to-date, we are under no obligation to update any information on our Service. We also retain the right to modify or terminate the Service, in whole or in part, at any time without prior notice. Morgan Riley Design will not be liable to you or any third party for any modifications, price changes, suspension, or discontinuation of the Service.
Service availability cannot be guaranteed constantly. We may face hardware, software, or other issues or may require maintenance concerning the Service, which could result in interruptions, delays, or errors. We have the right to alter, revise, update, suspend, discontinue, or otherwise modify the Service at any time for any reason without notice to you. You agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Use obligates us to maintain and support the Service or to provide any updates, corrections, or releases related thereto.
GOVERNING LAW
This Agreement and your use of the Service are governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
Should the parties be unable to resolve a dispute through informal negotiations, the dispute (excluding those disputes expressly excluded below) will be resolved exclusively and finally by binding arbitration. Without this clause, you would have had the right to sue in court and have a jury trial. Arbitration will be initiated and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes, available on the AAA website. Your fees for arbitration and your share of arbitrator compensation will be governed by the AAA Rules. Arbitration can be conducted in person, through document submission, by phone, or online, producing a written decision that will not include reasoning unless requested. The arbitrator is bound by applicable law, and any award may be challenged if they fail to do so. Unless required otherwise by AAA rules or applicable law, arbitration will take place in Johnston County, North Carolina.
Should a dispute advance to court rather than arbitration for any reason, it shall be commenced in the state and federal courts of Johnston County, North Carolina. Both parties consent to this location and waive any objections to personal jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are not applicable under these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
EXCEPTIONS TO ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ___. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising from or related to: (1) your use of our service; (2) your violation of these Terms of Use; (3) your breach of the representations and warranties outlined here; (4) your infringement of any third-party rights, including intellectual property rights; or (5) any direct harm caused to another user of our service with whom you have interacted through our platform. Despite this, we reserve the right, at your cost, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of these claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
USER DATA
We commit to maintaining specific data that you transfer to our website for managing our service's performance, as well as data reflecting your use of our platform. While we routinely perform backups of data, you are solely responsible for any data you transmit or that pertains to activities you've conducted through our service. You acknowledge that we bear no liability for any loss or corruption of such data, and you absolve us of any potential claims arising from such data loss or corruption.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Engaging with our service, sending us emails, and filling out online forms constitute electronic interactions. By partaking in such activities, you consent to receiving electronic communications from us. You affirm that electronic agreements, notices, disclosures, and other communications meet any legal requirements that such communications would satisfy if it were to be in writing. You further consent to the use of electronic signatures, contracts, and other records and to the electronic delivery of notices, policies, and transaction records initiated or concluded by us or through our platform. You waive any rights or requisites under any laws which demand physical signatures or the keeping of non-electronic records, or any payments not made electronically.
CALIFORNIA USERS AND RESIDENTS
Should any issue with our service not be adequately addressed, California residents can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use, together with any additional policies or rules we post in connection with the service, constitute the entire agreement and understanding between you and our company. Our failure to enforce any right or provision here will not constitute a waiver of such right or provision. These terms will be applied to the fullest extent permissible by law. We reserve the right to transfer our rights and obligations under these terms to others at any time. Any inability to act due to events beyond our reasonable control will not be deemed a breach of these terms. Should any part of these terms be ruled unlawful, void, or unenforceable, that part will be severable, not affecting the validity and enforceability of remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and our company as a result of these terms or your use of our platform. These Terms of Use will not be interpreted against us due to them being drafted by us. You waive any defenses you may have based on the digital format of these terms and the absence of signatures by the parties to formalize these terms.
CONTACT US
For complaints or more information about our service, please reach out to us at:
Email: hello@morganrileydesign.com
Phone: 806.239.1850
Location: United States of America
