TERMS OF USE

 

Please read the Terms of Use carefully before you start to use this website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.

These Terms of Use are entered into by and between you and Design Solutions for Homelessness, Inc.  (the “Company”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference, (collectively, these “Terms of Use”), govern your access to and use of any content, functionality and services offered on or through http://www.designrh.org/ (the “Website”), whether as a guest or a registered user.  

This Website is offered and available to users 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the Website.  

No Reliance on Information Posted / Legal Disclaimers.   

 The information presented on or through the Website is COMPILED AND made available solely for general INSPIRATIONAL AND informational purposes. We do not warrant the accuracy, completeness, reliability, or usefulness of this information for any purpose. Any reliance You place on such information is strictly at your own risk. YOU SHOULD CONSULT WITH appropriate LICENSED PROFESSIONALS (i.e. ARCHITECTS, ENGINEERS, ETC.) BEFORE UNDERTAKING ANY WORK based upon the information contained on this site. you should not use the information on the Website as the sole basis for any contemplated design work.

We disclaim all liability and responsibility arising from any reliance placed on the materials on this website by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. By accessing this website or using any information on it for any purpose, you agree to hold the company, its agents, employees, representatives, SUB-CONTRACTORS, insurers, successors, and assigns, along with any other person or entity acting on behalf of the company, harmless from any and all legal actions, suits, claims, liens, injries, and demands whatsoever, incluiding negligence, arising from such use.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, to the maximum extent allowed by law. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THIS DISCLAIMER OF WARRANTIES applies to ALL INFORMATION AND PRODUCTS PRESENTED ON THIS WEBSITE.

UNLESS SPECIFICALLY STATED, THE COMPANY DOES NOT ENDORSE ANY PRODUCT.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links from the Website  

If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at Your own risk and subject to the terms and conditions of use for such websites. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website becomes unavailable. From time to time, we may restrict access to some or all of the Website.

You are responsible for:

1. Making all arrangements necessary for you to have access to the Website.
2. Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. you understand and agree that all information you provide to this Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. you also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of these Terms of Use.

Privacy Policy

The Company complies with applicable laws and regulations, including the Children’s Online Privacy Protection Act of 1998 (COPPA).

Copyright Infringement

The Company abides by the Federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on the site that is claimed to be infringing, in which case we will make a good faith attempt to contact the person who submitted the affected material so they may make a counter notification, also in accordance with the DMCA. Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws.

To better assist us with any claim of Infringing Material, please include:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work allegedly infringed.
• Information reasonably sufficient for the service provider to contact the complaining party (address, telephone number, email address).
• A statement that the complaining party has a good faith belief that the copyrighted work has been infringed.
• A statement that the information in the notification is accurate.

To file a Notice of Infringing Material, please contact the Company’s Copyright Agent:

Design Solutions for Homelessness, Inc.

3551 Blairstone Rd.

Suite 128-233

Tallahassee, FL 32301 

Phone: (850) 228-2888

Email:  designforhomelessness@gmail.com

 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, logos, slogans, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and may be protected by copyright, trademark, patent, or other similar property or proprietary rights laws. All use of such materials in contravention of these protections, including commercial use, is strictly prohibited. Where noted, the design resource materials on the website are available for use under our “Design Resources for Homelessness Creative Commons Attribution License,” (“the License”) and may be used as provided in the License for general informational and inspirational purposes related to your own individual project(s). All use of such materials in contravention of the License is strictly prohibited. Questions regarding the permissible use of any material on the website should be directed to: designforhomelessness@gmail.com.

    Unless licensed, you must not:

1. Modify copies of any materials from this site.
2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
3. Delete or alter any license, copyright, trademark or other proprietary rights notices from copies of materials from this site.

If You wish to make any use of material on the Website other than that set out in this section, please address your request to: designforhomelessness@gmail.com.

If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
4. Use any device, software or routine that interferes with the proper working of the Website.
5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain editorial revisions, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You represent and warrant that:

1.   You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

2. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
3. You own or control all rights in and to your User Contributions and have the right to publish such information on this website. ..
4. All of your User Contributions comply with these Terms of Use and applicable law.

Monitoring and Enforcement; Termination

    We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
3. Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
5. Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted, unless You act in accordance with our Copyright Infringement policy, Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards and User Complaints

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
5. Be intended or likely to deceive any person.
6. Promote any illegal activity, or advocate, promote or assist any unlawful act.
7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
8. Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Complaints about user content in violation of these terms, or any other matter appearing on this website, should be addressed to: designforhomelessness@gmail.com.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

Limitation on Liability

THE ABSOLUTE LIMIT OF LIABILITY TO THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES SHALL BE THE GREATER OF (a) THE AMOUNT YOU PAID TO THE COMPANY FOR SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT OR OMISSION GIVING RISE TO ANY DAMAGES, or (b) $100.00. THIS LIMIT APPLIES TO DAMAGES OF ANY AND EVERY KIND INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, affiliates, licensors, contractors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your actions, negligence, and/or violation of these Terms of Use or your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law; Arbitration; and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Process for Consumer-Related Disputes (collectively, the “AAA Rules”) if applicable. The arbitration shall be held in Tallahassee, Florida. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Florida. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules, unless otherwise provided in this Agreement

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Tallahassee and County of Leon County. The Parties irrevocably consent to the exclusive jurisdiction of such courts and waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER YOU KNOW, OR REASONABLY SHOULD KNOW, OF ANY EVENT OR OMISSION GIVING RISE TO SUCH CAUSE OF ACTION OR CLAIM, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective when posted and apply to all access to and use of the Website thereafter.. your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. you should check this page each time you access this Website so you are aware of any changes, as they are binding on You.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy and constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.