Terms of Service

1. Acceptance of Terms

By accessing and using this website (the "Service") operated by DesignSmart ("we", "our", or "us"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our website located at [website URL] (the "Service") operated by DesignSmart. Our Privacy Policy also governs your use of the Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

2. Description of Service

DesignSmart provides web design and development services, digital marketing solutions, and related technology consulting. Our Service includes:

• • Custom website design and development
• • E-commerce solutions and online stores
• • Digital marketing and SEO services
• • Website maintenance and support
• • Consultation and strategy services

3. User Accounts and Registration

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of DesignSmart and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Unless otherwise indicated, all materials on this site are the property of DesignSmart and are protected by copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our materials without our express written consent.

5. User Conduct and Prohibited Uses

You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• • In any way that violates any applicable federal, state, local, or international law or regulation
• • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam," or any other similar solicitation
• • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service
• • To use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
• • To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful

6. Privacy Policy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices regarding the collection, use, and disclosure of your personal information.

By using our Service, you consent to the collection and use of information in accordance with our Privacy Policy. We implement appropriate security measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.

7. Service Availability and Modifications

We strive to maintain continuous operation of our Service, but we cannot guarantee uninterrupted access. We reserve the right to withdraw or discontinue the Service, either in whole or in part, with or without notice to you.

We also reserve the right to modify, suspend, or discontinue any part of the Service at any time. We may also impose limits on certain features or restrict access to parts or all of the Service with or without notice or liability.

8. Payment Terms and Billing

For services that require payment, you agree to provide accurate, complete, and current purchase and payment information. You are responsible for all charges incurred under your account, including applicable taxes, and you agree to pay us the then-current fees for our services.

Payment terms will be specified in individual service agreements. Unless otherwise agreed in writing, payment is due within thirty (30) days of the invoice date. Late payments may be subject to additional charges and may result in suspension of services.

9. Warranties and Disclaimers

THE INFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

DesignSmart makes no warranties or representations about the accuracy or completeness of the content on this website and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage resulting from your access to and use of our Service, and (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

10. Limitation of Liability

IN NO EVENT SHALL DesignSmart, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

Our total liability to you for all damages arising out of or relating to your use of the Service shall not exceed the amount you have paid to us for the services in the twelve (12) months immediately preceding the claim giving rise to such liability.

11. Indemnification

You agree to defend, indemnify, and hold harmless DesignSmart and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. Upon termination, your right to use the Service will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days notice prior to any new terms taking effect.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Governing Law and Jurisdiction

These Terms shall be interpreted and governed by the laws of the jurisdiction in which DesignSmart operates, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the jurisdiction where DesignSmart is headquartered.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. Contact Information

If you have any questions about these Terms of Service, please contact us through our contact page or directly through the contact information provided on our website. We will make reasonable efforts to respond to your inquiries within a reasonable timeframe.

17. Entire Agreement

These Terms constitute the entire agreement between you and DesignSmart regarding the use of the Service and supersede all prior and contemporaneous understandings regarding such subject matter.