WEBSITE TERMS AND CONDITIONS
September 1, 2024
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.idesigndot.com, its sub-domains and affiliated sites, and iDesignSolutions LLC (“idesignsolutios.co” “our”, “us” or “we”) pages and accounts on Facebook®, Instagram®, Pinterest®, LinkedIn®, Google Plus® and YouTube® (the “Sites”).
Please read both these Terms and our Privacy Policy carefully.
By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, you must cease using the Sites immediately. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
1. SITE CONTENT AND OPERATION
iDesign Solutions LLC exclusively owns and controls the Sites, which provide information about our products and services and may, from time to time, provide access to educational materials pertaining to web design, online business and marketing, etc. You agree that use or access to any or all of the Sites does not, standing alone, create any sort ofrepresentation or future promise as to availability. The unauthorized reproduction, use of, or theft of any content, written photographic, video, or otherwise, is expressly prohibited.
Our Sites are intended for use by persons who are a minimum of 18 years old. You must not copy, share, or disseminate the information on our Sites which are subject to copyright for which all rights are reserved.
We do not represent that the content on our Sites will be available or appropriate in all locations worldwide. Our Sites are written in English, and we do not take responsibility for any translations applied to them.
The general accessibility elements of our Sites are available free of charge. Albeit we do have courses which can be accessed in consideration for payment of the course fee. We do not guarantee the availability of any of our Sites or the content. We reserve all rights to withdraw, suspend, or restrict the content at any time for any reason. Where possible, we will give you reasonable notice if the Sites are to be suspended.
We do not guarantee that the Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Sites. You should use your own virus protection software.
2. ARTIFICIAL INTELLIGENCE (“AI”) DISCLAIMER
We may use AI technology to supplement or enhance content throughout the Sites and related materials. This may include but is not limited to, AI-generated images, audio, or text (“AI-Generated Content”). However, while these tools may be used to suggest or enhance Site Content, all published content on the Sites or correspondence is wholly human, including but not limited to all opinions, thoughts, and ideas. As such, we expressly retain all copyright ownership to the Site Content. By visiting the Sites, you agree and acknowledge that we are not required to notify you when or how AI technologies are used.
While we have made reasonable efforts to ensure the accuracy and completeness of AI-generated content, you agree and understand that we expressly disclaim the accuracy of AI-generated content, including any and all liability for any errors or omissions in the Content produced by AI technology, and expressly advise that you exercise caution when relying on such content. As with all Site Content, you agree that use or access to any of the information provided on or knowledge gleaned from the Sites, including AI-Generated Content, does not create any sort of representation or future promise and that use of any AI-generated Content on the Sites is at your own risk.
We reserve the right to modify or remove any AI-generated content at any time without notice. If you have any questions or concerns about the accuracy of AI-generated content, please contact us at k@idesigndot.com for more information.
3. INTELLECTUAL PROPERTY
Unless explicitly stated otherwise, as between you and iDesign Solutions LLC. iDesign Sloutions LLC owns all rights, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation, and other matters related to or included on the Sites.
Our name, iDesign Solutions LLC, and all related names, product and service names, logos, slogans, and designs are my trademarks, and you may not use these marks without my prior written permission. All other names, logos, product, and service names, designs, and slogans on the Sites are the trademarks of their respective owners and should not be usedwithout those respective owners’ permission.
4. THIRD PARTY RIGHTS
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by iDesign SolutionsLLC either by permission or as “fair use” for purposes such as education and research. We respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing, or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
5. LINKING TO OUR SITES
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with iDesign SolutionsLLC; (ii) present false or misleading information about paigebrunton.com; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
6. ADVERTISEMENTS, LINKS AND AFFILIATE LINKS
We may, at times, include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not our own. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that we link on the Sites will be clearly marked; however, we encourage you to reach out to us with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by iDesign Solutions LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that iDesign Solutions LLC 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
7. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND BUT WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE. BRUNTON GmbH, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AGREED, AND NON- INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION, AND COMMON SENSE WHEN USING THE SITES. THE RISK FOR THE USE OF THE SITE IS BORNE BY YOU.
PLEASE ESPECIALLY NOTE: Data communication via the Internet cannot be guaranteed to be error-free and/oravailable at all times. We cannot guarantee the constant and continuous availability of our online systems.
LIMITATION OF LIABILITY: Nothing in this disclaimer will limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
8. COOKIES
Our Sites use cookies, small files of letters and numbers that are automatically placed on your machine—if you agree—to help our Sites provide a better user experience. Cookies do not typically include identifying personal information, but they may also be linked to personal information stored about you.
We use cookies to retain your user preferences, store information from elements of our Sites such as shopping carts, and provide anonymised tracking data to third-party applications, including Google Analytics, Facebook Pixel, and Instagram Ads. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third-party cookies.
In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site. Except for essential cookies, all cookies expire within a reasonable period of time.
9. CHOICE OF LAW AND JURISDICTION
These terms and any claim or dispute arising in relation to the use of this Site will be governed by USA laws. The Courts of the USA shall have exclusive jurisdiction over any claim arising from, or related to, these terms, whether in respect of the subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the USA laws.
10. YOUR COMMENTS AND CONCERNS
Should you provide us with any information about yourself, including your name and email address you agree to provide accurate and up to date details.
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: k@idesigndot.com. Thank you for visiting the Sites!
TERMS AND CONDITIONS OF PURCHASE
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets out your rights and responsibilities for accessing the idesigndot.com Instagram®, Pinterest®, Twitter®, LinkedIn®, Google Plus® and YouTube® (the “Sites).
We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. These terms apply to all purchases made from our Sites and in proceeding to make a purchase you accept our terms in full. In addition to reading these Terms and Conditions of Purchase you should also ensure that you have read both our Terms and Conditions of Site Use and our Privacy Policy carefully.
These Terms and Conditions constitute a legally binding contract between iDesign Solutions LLC (“Katherine Monalto”) and other associated materials and sites linked hereto and operated or controlled by iDesign Solutions LLC (herein also referred to as “Company”), and you regarding your purchase of video content, website content, and printable materials (herein referred to as the “Courses” “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). The individual agreements between the Company and you together with these Terms and Conditions of Purchase, the Terms and Conditions of Site Use, and the Privacy Policy are collectively referred to herein as this “Agreement.”
By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.
1. APPLICABILITY
For all orders via the Company’s online shop by consumers, entrepreneurs and businesses, the following Terms and Conditions of Purchase shall apply to the exclusion of any other party’s terms and conditions, irrespective of whether they may be in conflict with or modifying or extending the content of these Terms and Conditions of Purchase.
A consumer is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur and/or business is a natural person, a legal partnership, or legalcorporation that, when entering into a legal transaction, does so for commercial or independent professional activity.
With regard to entrepreneurs and businesses, these terms and conditions also apply to future business relationships.
2. CONTRACT PARTIES, CONCLUSION OF CONTRACT & CONTRACT LANGUAGE
The contract of purchase is with iDesign Solutions LLC. Please see the imprint on the website or the confirmation e-mailof the Company for further information and contact details.
You are obliged to use your correct name and to provide only true and complete information and data on your order.
The listings of products in our online shop does not constitute a legally binding offer, but merely an invitation to place orders. You can initially put our products into the shopping cart without obligation and correct your entries at any time before submitting your binding order.
By clicking “Buy Now” “Enroll in Course” “Purchase” or similar in the last step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Shortly after submitting your order you will receive a confirmation by e-mail. The contract is entered into and legally binding for both parties only upon receipt of the Company’s confirmation e-mail confirming the availability of the products ordered.
You must read the course descriptions on our Sites carefully as they clearly set out the details relating to product and service offerings you will receive. If at any time you experience technical difficulties when using our course, POD, or digital downloads you should contact us via email at k@idesigndot.com, and one of the team shall respond to your query within 1-2 working days.
The exclusive language available for the conclusion of the contract shall be English. Translations of these Terms and Conditions of Purchase into other languages are for information only.
3. STORAGE OF THE CONTRACT TEXT & MODIFICATIONS TO THE CONTRACT
You may access these Terms and Conditions of Purchase at any time by visiting https://idesigndot.com terms-and-conditions.
We reserve the right at any time to modify these Terms and Conditions of Purchase and to impose new or additional terms or conditions on your access and use of the products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this agreement. Your continued use of the products will be deemed your acceptance thereof. The modified terms and conditions will be accessible to you at https://idesigndot.com terms-and-conditions. If you have any questions, please contact us directly at k@idesigndot.com
4. PRICES & PAYMENT TERMS
In our online shop you can make use of the following payment methods:
Credit card
If you choose to pay in full or pay with a payment plan, you may use the option to pay by credit card.
By submitting the order, you also submit your credit card details.
After you are verified as a legitimate cardholder, we submit a request to your credit card issuer to immediately initiate the payment. The payment is automatically performed by the credit card company and charged to your card.
If you choose to pick the payment plan option, you are responsible for all remaining payments unless a refund is requested according to the terms further outlined below. If you choose to purchase with the payment plan option, iDesign Solutions LLC retains the right to suspend access to any program if payments are not made when they are due. Further, if at any time there is a past due payment, access to the program will be temporarily restricted until the account is current and all past due payment obligations have been met. You must promptly update all billing information (billing address, card number, and expiration date) to keep your account current, complete, and accurate. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, as necessary and reasonable, on any outstanding balance.
Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes.
Listed prices do not include taxes. You will have notice of all such applicable taxes by reviewing your course total in your shopping cart and in your order confirmation e-mail.
iDesign Solutions LLC is required to add VAT to your course purchase.
We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
5. REFUNDS/MONEY-BACK GUARANTEE
Digital Download and POD prints:
Due to the digital nature of our programs, and the instant access to materials and bonuses, we are unable to offer refunds which includes in particular partial refunds requested in the context of ongoing payment schemes. Our team is more than happy to answer any questions you have prior to enrolling! Just shoot us a note at k@idesigndot.com!
Live classes:
No refunds are offered for live masterclasses & workshops on the basis that you change your mind or can no longer attend.
6. PARTICIPANT COMMITMENT
All Course participants shall interact and engage with other participants on the course and on the iDesign Solutions LLC team (also referred to as the PB team) in a manner which is at all times respectful and honest.
All participants are requested to be kind and courteous to others in courses and on the iDesign team at all times.
iDesign Solutions LLC reserves the right to remove any participant from a course and, if applicable to that course; community groups as well, immediately should the iDesign team consider that there has been inappropriate behavior. No refund or partial refund shall be given for a student removed from a course or community group due to inappropriatebehavior.
All intellectual property rights within course materials and training videos are owned by iDesign Solutions LLC and the reproduction, distribution, whether by gift or sale, of any information or materials provided is strictly prohibited.
7. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, templates, workbooks, checklists and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by iDesign Solutions LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and iDesign Solutions LLC will prosecute such misconduct to the fullest extent permitted by law.
iDesign Solutions LLC provides you with the Products solely for your own personal, non-commercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of iDesign Solutions LLC rights or that has not been authorized by iDesign Solutions LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference iDesign Solutions LLC, the Products, or the Product Content, or infringe on any of iDesign Solutions LLC or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by iDesign Solutions LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF BRUNTON GmbH AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of iDesign Solutions LLC (the “iDesign Trade Marks”) used and displayed in the Products are registered and unregistered trademarks or service marks of iDesign Solutions LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks without our prior written permission specific for each such use. Use of the trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of iDesign Solutions LLC Trade Marks is to our benefit.
8. THIRD-PARTY MATERIALS AND WEBSITES
iDesign Solutions LLC may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by iDesign Solutions LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that iDesign Solutions LLC 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that iDesign Solutions LLC will not be liable for your improper use of third-party materials and websites.
In instances where we utilize third-party affiliates in the delivery of services, the affiliate may be responsible for the delivery of some or all of the product or services. Details relating to affiliate involvement will be itemized at the point of sale. Please also see our privacy policy in respect of how your data is handled where there is a third party affiliateinvolved.
Any affiliate links on our site will be clearly marked. We choose all of our affiliate partnerships carefully. Where we are an affiliate, we may receive a small commission; however, you will never be charged more because of an affiliate arrangement we have in place. We encourage you to reach out with any questions you may have regarding affiliate linkshow they are utilized and/or how our affiliate arrangement may impact you.
9. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WITHIN THE SCOPE OF THE FOLLOWING LIMITATION OF LIABILITY CLAUSE, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR ANY OTHER THAN THE AGREED PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE MADE REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, iDesign Solutions LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR PERSONAL USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCT(S), YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
10. LIMITATION OF LIABILITY
Nothing in this Agreement will:
Limit or exclude any liability for death or personal injury resulting from negligence;
Limit or exclude any liability for fraud or fraudulent misrepresentation;
Limit any liabilities in any way that is not permitted under applicable law; or
Exclude any liabilities that may not be excluded under applicable law.
You accept that as part of your participation in any of our Programs, you may be required to review and make decisions concerning your business and career, finances, lifestyle, education, development, health, and wellness and that any such reviews, subsequent decisions, implementation, and action will be the sole responsibility of you.
You accept and understand that you are solely responsible for your decision-making, and iDesign Solutions LLC shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results, whether direct or indirect, arising out of your participation in the Program.
You agree and understand that participation in the Program does not guarantee results or success. The Company has made every effort to represent the Program accurately. Any testimonials and/or examples of results experienced are not intendedto represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. iDesign Solutions LLC makes no guarantee, representation, or warranty with respect to the services provided.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We cannot guarantee the constant and continuous availability of our online systems.
11. GOVERNING LAW
The Terms and Conditions are governed by Swiss law. The Courts of the USA have exclusive jurisdiction over any matter and proceedings arising out of your purchase from our Sites.
12. INDEMNIFICATION
To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement by the other party.
13. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of iDesign Solutions LLC's intellectual property rights and confidential and proprietary information by you, iDesign Solutions LLC will suffer irreparable harm and will, therefore, be entitled to injunctive relief to enforce this Agreement. iDesign SolutionsLLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above.
14. COMPLIANCE WITH LAW
The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
15. NO WAIVER
If the Parties choose to waive one provision of this Agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
16. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors, and assigns and may not be assigned to any third-party beneficiary.