Terms of Service
Updated February 1, 2023
PROPERTY INFORMATION
Responsible Parties
Website Address: https://sayduhdesigns.com
Company: Say-Duh Designs, LLC
Site Ownership
This website is operated by the “owner”, “website owner”, “site owner“, “registered owner”, “company of record”, or “copyright holder”, referred to on this document as “the company”; and the authorized agent, referred to as “website administration”, “webmaster”, “editor”, “publisher” and “representative”; jointly referred to as “we”, “us”, “our”, “their”, and “this website” as the main party responsible for the website located at this web address.
User Support
We thank you for taking the time to consider and understand our expectations. Your acceptance and cooperation will help us maintain a safe environment and better serve you and other users. Should you have any questions or concerns regarding any contents on these terms, or any other content on this site, please contact us or our webmaster, at the following addresses:
Say-Duh Designs, LLC
Kent, Washington
Contact page →
TERMS OF SERVICE
Agreement
Use of site features where a user must view, visit, or avail of another page, feature, or service by opting-in or signing-up, including but not limited to the acquisition of a gated service, product, or feature; the purchase, reservation, or subscription to anything that is offered on this website may qualify as a “Service” and subject to “Terms of Service” as the following, with additional terms, conditions, and policies referenced herein and disclaimers on external pages provided as hyperlinks. The Terms of Service apply to the website and any link, feed, attachment, derivative, or sample produced, taken or replicated from the site and used on another property, platform, or material. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to the terms and conditions of this agreement, then you must cease the use of the website and any related service.
Primary and Inherent Rights
These terms apply to all users of the site, including, without limitation, users who are human, such as users, visitors, customers, sellers, editors, artists, writers, and authors; as well as users who are non-human, such as robots, bots, browsers, applications, apps, systems, and environments on behalf of their respective entities, companies, and organizations. Any claim or exercise of these rights, as well as their respective duties and responsibilities, must demonstrate lawful ownership and authority. Failure to exercise legal ownership or authority may extend responsibility to third party providers of higher level services, systems, and infrastructures used when connecting to this site.
Entirety of Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Effective Point and Duration
Any new features or tools which are added to the current site shall be subject to the Terms of Service in effect. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. When available, any online store, shop, point-of-sale, or point-of-purchase may operate on a third-party platform. They may provide the online, ecommerce, or payment processing platforms for selling or offering our products and services to you.
Acceptance of Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of services.
CONDITIONS
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Code of Ethics
You agree that your actions and comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Governing Law
These Terms of Service and any separate agreements whereby we provide you products and services shall be governed by and interpreted in accordance with the laws of Washington State and the United States. Federal, state, and local governments also determine the extent of applicability of international, internet, and adapted standards, rules, and guidelines.
Account Information
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please request or refer to our Returns Policy.
Personal Information
Your submission of personal information through the site is governed by our Privacy Policy. We will never share mailing list and contact information to third parties. Any form of data that we receive may fall under the impression that it is readily available on your website or any public-facing property. However, your information is considered confidential and will not be used for any purpose other than communications, provision of services, and qualification for programs and events.
Ordering Restrictions
We reserve the right to refuse any order you place with us. We may limit or cancel excessive quantities purchased per person, household or order number. These restrictions may include orders placed under the same customer account, payment information, billing or shipping address, and other order details with the same personal identification.
Post-sale Service
In any event where a change to your order is made, such as a cancellation or delay, we may attempt to notify you by the contact information you provided at with the order we received. You must agree to provide current, complete and accurate purchase and account information for all purchases or transactions made on this site which may require any follow through or communication regarding your purchase.
Third Party Diversion
We reserve the right to limit or refuse orders that may appear as suspicious or questionable due to possible conflict of interest or abuse of our Terms of Service, such as orders placed by resellers, dealers, or distributors.
Accuracy of Site Information
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site Any reliance on the material on this site is at your own risk.
Errors and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We cannot guarantee that your computer monitor’s display of any color will be accurate. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
Historical Information
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. .
Modifications to Services
Prices for our products and services are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Availability of Supply
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Every effort shall be made to display available color options, styles, and images of any merchandise that may appear on this site. However, we cannot provide aniy guarantee or warranty that the quality of any products, services, information, or other item obtained or purchased on this site will meet every expectation. We will do or best to correct any error within a reasonable time frame but may apply an “as is” condition to defects or damages that are beyond our control, responsibility, or time period of having the product in our possession.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Processes
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Feedback and Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Refusal of Service
In addition, we may reserve the right to waive responsibility for sold and delivered products and services within the guidelines of Federal, trade, commecial, state, and other applicable law.
- We reserve the right to discontinue any product at any time.
- We reserve the right to limit the quantities of any products or services that we offer.
- We reserve the right to limit the sale of products or services to any person, geographic region or jurisdiction.
We may exercise these rights on a case-to-case basis. We may not refuse service to any person on the basis of race, gender, creed, national origin, minority status, perceived economic or financial capability, or any physical, identity, or preferrential trait, to the extent of prejudice, marginalization, or discrimination. Any offer for any product or service made on this site is void where prohibited by law.
Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or item posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
State Enforcement
In states or jurisdictions where the exclusion or the limitation of liability for consequential or incidental damages do not apply, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless the company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes to Policy and Terms
You can review the most current version of the Terms of Service at any time at this site. We reserve the right to modify, update, remove, or replace any part of these Terms, followed by public announcements, notices, or updates, at our sole discretion and at any time. The latest release and documentation shall be available on this website in addition to the timely distribution to affected members parties. Your continued use and availing of our website, services, or other offerings constitutes user acknowledgement of policies, terms, and standards currently in effect, which may include the most recent changes and corrections.
Say-Duh Designs Website, Form Submissions, and A-List / Mailing List: Attention: Principal, Say-Duh Designs, LLC. Contact Page. Webmaster Documentation and Custodian of Records for Imagery, Licenses and Permissions: Attention: Principal, Market Centric Media (marketcentric.org). Applications, Connected Services, and Environment subject to Terms of Use and Privacy Policy agreements, internet standards, and applicable law. Apache License Adobe Standard License Creative Commons CC BY-NC-ND 4.0 License GNU Public License Google Developers License Gravatar Service Notice Microsoft Application License Open Font License. Additional license information redacted for safety purposes. Contact Page. Digital Certificate powered by DigiCert. © 2023 Say-Duh Designs, LLC. All rights reserved.