Terms of Use (“Terms”)

Last updated: November 4, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://designoflex.com (the “Site”) operated by DesignoFlex (“The Company”, “us”, “we”, or “our”).

This Site provides online access to information about the Company and our products, services, and opportunities.

Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.

BY ACCESSING OR USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT, DO NOT USE THE SITE.

Purchases

If you wish to purchase any of our products or services (“Purchase”), you may send the request in one of the following ways:

Termination

We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Content, Copyrights, and Trademarks

All text, material, data, information, data files, descriptions of our services or products, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code, etc. (“Content”), contained on the Site is owned, controlled, or licensed by or to the Company, and is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Company owns and retains all copyrights in the Content.

You acknowledge that the Company does not make any representations or warranties about the Content which you may have access to. Under no circumstances is the Company liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Site.

You agree that you are solely responsible for your reuse of Content made available through the Site, including providing proper attribution. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, modified, published, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent. You also agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means.

The Company’s logos and trademarks are trademarks and the property of the Company. The appearance, layout, color scheme, and design of the Site are protected trade dress. You do not receive any right or license to use the foregoing. We may use and incorporate into the Site any suggestions or other feedback you provide, without payment or condition.

You may use the Site or Content solely for your non-commercial, personal purposes and/or to learn about the Company’s products and services, and solely in compliance with these Terms; provided that you do not remove any proprietary notice language in Content or part of Content, do not copy or post such Content or part of Content on any networked computer or broadcast it in any media, make no modifications to any such Content or part of Content, and do not make any additional representations or warranties relating to Site, such Content or part of Content or the Company’s products or services.

Prohibited Use of the Site

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms;
  • Copy, modify, create a derivative work from, reverse engineer, or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Site in any way;
  • Use or launch any automated system, including without limitation “deep-link”, “page-scrape”, “robots,” “spiders,” or “offline readers” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content;
  • Use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party’s use and enjoyment of the Site;
  • Mirror or frame the Site or any part of it on any other website or web page;
  • Attempt to gain unauthorized access to the Site;
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site;
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site.

Cold Calling and Email Marketing
By providing your contact information to DesignoFlex, you agree that we may contact you via phone calls or emails for marketing purposes, including updates on our services, promotions, or special offers. These communications are designed to keep you informed about opportunities that may benefit you or your business.

You can opt out of receiving cold calls or marketing emails at any time by following the unsubscribe instructions in our emails or by contacting us directly. Your decision to opt out will not affect your access to our core services or features.

Privacy Policy

By using the Site, you accept the terms of the Privacy Policy which is an integral part of these Terms. Please check our Privacy Policy to learn more at https://designoflex.com/Privacy-Policy

Links

Our Site may contain links to third-party websites or services that are not owned or controlled by the Company. Links on the Site to third-party websites or information are provided solely as a convenience to you.

Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party website, or the information there.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services or for the availability of any such websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

The Company reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site. You agree to immediately remove all links to the Site upon such a request.

No link(s) to our Site may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without giving you prior notice. Your use of the Site following any such modification constitutes your acceptance to follow and be bound by these Terms as modified. The last date these Terms were revised is set forth above.

Disclaimer; Limitations of Liability

To the maximum extent permitted by applicable law, the Company disclaims any and all representations, warranties, and conditions relating to the Site and the use of the Site (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

To the extent that the Site and Content are provided free of charge, the Company will not be liable for any loss or damage of any nature.

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.

IN NO EVENT SHALL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED.

YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

If, notwithstanding the other provisions of these Terms, the Company is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site or any Content, the Company’s liability shall in no event exceed two hundred US dollars.

The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the Company, its affiliated companies, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms.

Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. The Company’s failure to insist upon or enforce strict performance of any term or provision of these Terms shall not be construed as a waiver of any term, provision, or right.

If any part of these Terms is determined in arbitration or by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms is fully enforceable and legally binding.

The rights and obligations stipulated in these Terms will be governed and controlled by the laws of the State of Texas without reference to the applicable choice of law provisions. You agree to the sole and exclusive jurisdiction and venue of the arbitration occurring in Collin County, Texas, USA in the event of any dispute of any kind arising from or relating to these Terms, the Privacy Policy, your use of the Site, or the Content.

You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site, and you agree that you will not access or use the information on the Site in violation of such laws.

Contact Us

If you have any questions about these Terms, please contact us by email at connect@designoflex.com or by

phone at (469) 898-4326

Copyright 2015-2024 DesignoFlex. All rights reserved.