Last Updated: January 15, 2021
Design Emerging LLC and/or their affiliates ("Design Emerging") provide features and other products and services to you when you visit Designemerging.ai (the "Design Emerging Website"), use Design Emerging devices, products, or services, use Design Emerging applications, or use software provided by Design Emerging in connection with any of the foregoing (collectively "Design Emerging Services"). Design Emerging provides the Design Emerging Services to you subject to the conditions set out on this page.
PRIVACY
Please see our Privacy Notice on the Design Emerging Website to understand how we collect and process your personal information through Design Emerging Services.
ELECTRONIC COMMUNICATIONS
When you use Design Emerging Services, or send e-mails, text messages, and other communications from your device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through Design Emerging Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DATA RECEPTION AND TRANSMISSION
Some Design Emerging services will receive and transmit Design Emerging information that is in proximity to a physical device with Design Emerging services installed. The physical device will receive data from a Design Emerging device and transmit this data to the Design Emerging servers. Any encrypted data will pass through without decryption. Design Emerging is not responsible for any costs due to bandwidth or data reception and transmission.
COPYRIGHT
All content included in or made available through any of the Design Emerging Services, such as text, graphics, logos, and software is the property of Design Emerging or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any of the Design Emerging Services is the exclusive property of Design Emerging and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, button icons, and scripts, included in or made available through any of the Design Emerging Services are trademarks or trade dress of Design Emerging in the U.S. and other countries. Design Emerging's trademarks and trade dress may not be used in connection with any product or service that is not Design Emerging 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Design Emerging. All other trademarks not owned by Design Emerging that appear in any of the Design Emerging Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Design Emerging.
PATENTS
One or more patents owned by Design Emerging apply to the Design Emerging Services and to the features and services accessible via the Design Emerging Services. Portions of the Design Emerging Services operate under license of one or more patents.
FEEDBACK
You may provide written or verbal feedback, suggestions, comments, or input to us relating to Design Emerging Services, Software Apps, Design Emerging Products, User Devices, or other opportunities for our existing or future activities ("Feedback"). By providing Feedback to us, you grant to us the worldwide, nonexclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such Feedback in any way we determine, including through third parties, without any obligation to you for compensation, attribution, accounting or otherwise. You will only provide to us Feedback for which you have the right to grant to us the rights listed in the preceding sentence.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DESIGN EMERGING SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESIGN EMERGING SERVICES ARE PROVIDED BY DESIGN EMERGING ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DESIGN EMERGING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DESIGN EMERGING SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESIGN EMERGING SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DESIGN EMERGING SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DESIGN EMERGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DESIGN EMERGING DOES NOT WARRANT THAT THE DESIGN EMERGING SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESIGN EMERGING SERVICES, DESIGN EMERGING'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DESIGN EMERGING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DESIGN EMERGING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DESIGN EMERGING SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE DESIGN EMERGING SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any of the Design Emerging Services, or to any products or services sold or distributed by Design Emerging will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Design Emerging Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Design Emerging.
The Design Emerging Services are controlled, operated and administered by Design Emerging from offices within the USA. If you access Design Emerging Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Design Emerging Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on the Design Emerging Website. These policies also govern your use of Design Emerging Services. We reserve the right to make changes to our Design Emerging Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CONTACT INFORMATION
Design Emerging LLC
3453 Hennepin Ave S
Minneapolis, MN 55408
Email Address: hello@designemerging.ai