TERMS OF USE

Last Modified: January 2024

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1. INTRODUCTION

These Terms of Use ("Terms of Use") govern your (“your” or “you”) access to and use of Company’s website lbdesigns.org (“Website”). The Website is owned, hosted, operated, and controlled by LB Designs ("Company", "we", "us", or "our"). 

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Please read these Terms of Use carefully. Your use of the Website shall signify your agreement to (1) these Terms of Use, and (2) Company’s Privacy Policy. YOUR USE OF THE WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE. Company may, at any time, for any reason, and without notice, make changes to these Terms of Use. Therefore, each time you access the Website, you need to review the Terms of Use. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

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The Website is offered and available to users who are 18 years of age or older. The Company is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and agree to be bound by our Privacy Policy.

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All information we collect on the 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 such Privacy Policy.

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ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS MORE FULLY DETAILED BELOW, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY LAWSUIT.

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Nothing herein shall be deemed to confer any third-party rights or benefits.

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     2. CHANGES TO THE WEBSITE AND CONTENT; DISCONTINUATION

Company may, at any time, for any reason, and without notice, make changes to (i) the Website, including the look, feel, format, features, and content, as well as (ii) the services as described on the Website. Any modifications will take effect at the time of the changes. We may also update the content on the Website from time to time, and such content may not be necessarily complete or up to date. Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content.

We reserve the right to withdraw or amend the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any period, or are discontinued.

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     3. INTELLECTUAL PROPERTY; LIMITATIONS ON USE

The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other laws. Unless otherwise indicated, the Website and its entire contents, including but not limited to (a) information, software, text, displays, graphic images, buttons, layout, images, video, and audio, (b) the design, selection, features, functionality, and arrangement thereof, (c) trademarks, service marks, and logos, and (d) all other materials and content contained on the Website, are the exclusive property of Company or its third-party licensors. 

You may not:

     a. use, reproduce, modify, transmit, distribute, publicly display or perform, create derivative works of, republish, download, store, or transmit any of the material on Website, or operate the Website or a portion thereof;

     b. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Website, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on use of the Website;

     c. modify copies of any materials from the Website;

     d. use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text included on the Website; or

     e. delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

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For the avoidance of doubt, the commercial use, reproduction, transmission, or distribution of any information, software, content, graphics, images, or other material available through the Website without the prior written consent of Company is strictly prohibited. 

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You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

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     4. ACCESSING THE SERVICES; ACCOUNT SECURITY  

 

You are responsible for:

     a. Making all technological arrangements necessary for you to have access to the Website.

     b. Ensuring that all persons who access the Website through your internet connection or mobile device are aware of these Terms of Use and comply with them.

 

     5. TERMINATION

Company may suspend or terminate the right of any user to access all or any part of the Website at any time, with or without cause, for any or no reason, including without limitation any violation of these Terms of Use, in Company’s absolute discretion and without notice. Any statement in the Terms of Use or elsewhere of specific grounds for termination of a user’s right to access the Website shall in no manner limit Company’s absolute right to terminate any user’s access to the Website. 

 

     6. FEEDBACK

If you provide Company any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. 

     

     7. RELIANCE ON INFORMATION POSTED  

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

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The Website may include content provided by third parties. 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 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 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.

 

     8. LINKS

You may not link to the Website without Company’s written permission.

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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. Company makes no representation regarding the content or accuracy of any website that you may access through the Website. We do not monitor and are not responsible for the content found on other websites that are linked from the Website. Inclusion of these links on the Website does not imply endorsement, recommendation, or sponsorship for any linked website or the services, products, or advice described on such websites. Accordingly, Company assumes no responsibility or liability for the content of any linked sites. Before entering any linked site, you should review and understand that site's privacy policy.

 

     9. DISCLAIMER OF WARRANTIES  

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. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY 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 ITEMS OBTAINED THROUGH THE WEBSITE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ANY WEBSITE LINKED TO THE WEBSITE.

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YOUR USE OF THE WEBSITE, AND ANY SERVICES, CONTENT, OR MATERIALS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE AND ANY CONTENT OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY MATERIALS OBTAINED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH 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 THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, OR THE CONTENT OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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     10. LIMITATION ON LIABILITY  

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY AND ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY 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, THAT ARISE IN CONNECTION WITH ERRORS OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR ITS CONTENT.

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THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE OR YOUR USE OF THE WEBSITE.

 

     11. INDEMNIFICATION  

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, 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 violation of these Terms of Use or your use of the Website, including but not limited to any use of the Website’s content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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     12. GOVERNING LAW; DISPUTE RESOLUTION; 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 California without giving effect to any choice or conflict of law provision or rule. Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Company confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Service or the Website shall be settled by binding arbitration in accordance with the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in a location chosen by Company in its sole and absolute discretion.

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All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

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Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be, in the State or Federal courts located in California. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein. Any action or proceeding by either of the Parties to enforce an arbitrator’s decision shall be brought in any state or federal court located in California.

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  13. GENERAL PROVISIONS

Waiver; Severability  

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No waiver by Company of any term or condition set out 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 Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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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.

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Successors and Assigns

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

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English Language Controls

These Terms of Use are constructed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. 

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     14. ENTIRE AGREEMENT

These Terms of Use constitute the sole and entire agreement between you and Company relating to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding your use of the Website.