Interpretation and Definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Country refers to California, United States.
- Company (referred to as either “the Company,” “We,” “Us,” or “Our” in these Terms) refers to Design Force Group Inc, located at 400 Spectrum Center Drive, Suite 1900, Irvine, CA 92618 USA.
- Device means any device that can access the Service, such as a computer, mobile phone, or digital tablet.
- Service refers to the Website and any SMS or MMS messaging program offered by the Company.
- Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions, which form the agreement between You and the Company regarding use of the Service.
- Third-party Social Media Service means any services or content, including data, information, products, or services, provided by a third party that may be displayed, included, or made available through the Service.
- Website refers to Design Force, accessible at https://designforce.co/.
- You means the individual accessing or using the Service, or the company or other legal entity on whose behalf that individual is accessing or using the Service, as applicable.
Acknowledgment
These Terms and Conditions govern use of the Service and constitute an agreement between You and the Company. They set out the rights and obligations of all visitors, users, and others who access or use the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access or use the Service.
You represent that You are at least 18 years old. The Company does not permit individuals under 18 to use the Service.
Your access to and use of the Service is also subject to the Company’s Privacy Policy, which describes how We collect, use, and disclose personal information and explains Your privacy rights. Please review the Privacy Policy before using the Service.
SMS and MMS Messaging Terms
This section applies when You opt in to receive SMS or MMS messages from Design Force.
Program Description
The Design Force messaging program may send messages regarding Your inquiry, requested information, consultation or meeting scheduling, service-related follow-up, and other communications described at the time You provide consent. Where You separately consent to promotional messaging, messages may also include information about Design Force services, resources, and offers.
Consent and Enrollment
You enroll by voluntarily providing a valid mobile telephone number and selecting a separate, unchecked consent box that clearly states that You agree to receive text messages from Design Force. Consent is specific to Design Force and the messaging purposes disclosed at the point of opt-in.
By opting in, You authorize Design Force to send recurring SMS or MMS messages to the mobile number You provide, including messages sent using automated technology. Consent to receive marketing text messages is not a condition of purchasing any goods or services.
Submitting a general website form, providing a telephone number, or accepting these Terms without selecting the separate SMS consent box does not, by itself, constitute consent to recurring marketing text messages.
Message Frequency and Charges
Message frequency varies based on Your interactions with Design Force and the messaging program You select. Message and data rates may apply. Your mobile carrier’s rates and terms govern any charges associated with receiving or sending messages.
Opting Out
You may opt out at any time by replying STOP to any Design Force text message. After You send STOP, You may receive one final message confirming that You have been unsubscribed. No further messages will be sent under that messaging program unless You provide new consent.
Help and Support
For assistance, reply HELP to a Design Force text message or contact team@designforce.co.
Mobile Information and Consent Records
No mobile information, including mobile telephone numbers, SMS or MMS opt-in data, and messaging consent, will be shared, sold, rented, or transferred to third parties or Affiliates for their marketing or promotional purposes. We may disclose mobile information to service providers solely as necessary to operate, deliver, maintain, and support the messaging program, provided those service providers may not use the information for their own marketing or promotional purposes.
Your Mobile Number
You represent that You are the subscriber or customary user of the mobile number You provide and that You are authorized to consent to receive messages at that number. You agree to notify Us or opt out if the number is reassigned, disconnected, or no longer used by You.
Carrier Disclaimer
Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by Your carrier and is outside the Company’s control.
Privacy
Your participation in the messaging program is also governed by the Design Force Privacy Policy. In the event of a conflict between this SMS section and a more protective provision in the Privacy Policy concerning mobile information, the more protective provision will apply.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company will 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 content, goods, or services available on or through third-party websites or services.
We strongly advise You to review the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination
We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, will be limited to the amount actually paid by You through the Service or USD 100 if You have not purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, including damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or related to the use of or inability to use the Service, third-party software or hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In those states, some of the above limitations may not apply, and each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE,” with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice.
Without limiting the foregoing, the Company provides no warranty or undertaking and makes no representation that the Service will meet Your requirements, achieve intended results, be compatible or work with other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that errors or defects can or will be corrected.
Neither the Company nor any of its providers makes any representation or warranty, express or implied: (i) regarding the operation or availability of the Service or the information, content, materials, or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) regarding the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, content, or emails or messages sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory consumer rights. In those jurisdictions, the exclusions and limitations in this section will be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflict-of-law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first attempt to resolve the matter informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You reside.
United States Legal Compliance
You represent and warrant that: (i) You are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist-supporting” country; and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
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, in whole or in part, please stop using the website and the Service.