Terms of Service

Gale C. Steves (“we” or “us”) operates this Website as an interactive online service to provide information about design, products, services and opportunities, including but not limited to advice and user forums (the “Services”).

1. ACCEPTANCE OF TERMS
BY ACCESSING AND USING THIS WEBSITE AND ANY OF THE SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. In addition, you shall be subject to any other posted guidelines or rules, which may be posted and modified from time to time in our sole discretion. All such guidelines or rules are hereby incorporated by reference into these Terms of Service. We may also offer other services that are governed by different Terms of Service. If we need to change these Terms of Service at some point in the future, we will post the changes or an amended Terms of Service on our Website. YOUR CONTINUED USE OF OUR WEBSITE OR ANY OF THE SERVICES OFFERED THEREIN FOLLOWING ANY SUCH POSTING WILL CONSTITUTE YOUR ACCEPTANCE OF ALL SUCH CHANGES.

2. NATURE OF THE SERVICES
You understand and agree that the Services are provided on an “as is” and “as available” basis. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms of Service. You are responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.

3. REGISTRATION
In order to access or use some features of our Website, you will have to become a registered user. If you are under the age of 13, then you are not permitted to register as a user or otherwise submit personal information to us. In consideration of your use of the Services, you represent that you are of legal age to form a binding legal contract and that you are not barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself when prompted in any registration form (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PRIVACY POLICY
Registration Data and other information about you are subject to our applicable privacy policy. For more information, see our Privacy Policy. You understand that through your use of the Services you consent to the collection and use of the Registration Data and other information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us and our affiliates.

5. ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing your registration. You are responsible for maintaining the confidentiality of the password and account and you are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

6. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (all of the foregoing, collectively, the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. We do not control the Content posted via the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, 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 any Content posted, transmitted or otherwise made available via the Services.

You agree to not use the Services to:

  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (all of the foregoing, collectively, the “Rights”) of any person or entity;
  6. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  7. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  9. intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange and/or any regulations having the force of law;
  10. “stalk” or otherwise harass another; and/or
  11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

You acknowledge that, once you post a comment to our Website, it becomes part of the public conversation. In general, we will not remove a user comment unless we believe it to be in violation of these Terms of Service. We will not remove your comments simply because you have a change of heart about making them.

You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our and their sole discretion to pre-screen, refuse, and/or remove any Content that is available via the Services. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.

You acknowledge, consent and agree that we may access, preserve and disclose your account information, your personal information and any Content you submit or make available for inclusion on the Services if we are required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; and/or (v) protect the rights, property or personal safety of us, our users and the public.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or third parties who provide Content. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

7. INTERSTATE COMMUNICATIONS
You acknowledge and agree that, in using the Services, you will be causing communications to be sent through computer networks, portions of which may located in different states and other locations in the United States and portions of which may be located abroad. As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications, regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the Services results in interstate data transmissions.

8. CONTRIBUTIONS
By submitting ideas, suggestions, documents and/or proposals (all of the foregoing, collectively, the “Contributions”) to us through this Website, you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) we may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become our property without any obligation on our part to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from us under any circumstance.

9. CONTENT MADE AVAILABLE FOR INCLUSION ON THE SERVICES
We do not claim ownership of the Content you submit or make available for inclusion on the Services. However, you grant us the licenses described below.

With respect to photos, graphics, audio or video that you submit or make available for inclusion on publicly accessible areas of the Services, you grant us the worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and commercially exploit such Content on the Services solely for the purpose for which such Content was submitted or made available.

With respect to all Content other than photos, graphics, audio or video that you submit or make available for inclusion on publicly accessible areas of the Services, you grant us the perpetual, irrevocable, fully sublicenseable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display and commercially exploit such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible areas of the Services” are those areas of this Website that are intended by us to be available to the general public.

10. INDEMNITY
You shall indemnify, defend, release and hold us and all of our subsidiaries, affiliates, officers, directors, agents, consultants, employees, partners and licensors harmless from and against any and all losses, liabilities, claims, costs, damages and expenses (including reasonable attorney fees) arising from or in connection with (i) any Content that you submit, post, transmit, modify or otherwise make available through the Services, (ii) your use of the Services, (iii) your connection to the Services, (iv) your violation of these Terms of Service, (iv) your violation of any rights of any other person or entity, and/or (v) your violation of any applicable law, rule or regulation.

11. MODIFICATIONS TO SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).

12. TERMINATION
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, without limitation, (i) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (ii) requests by law enforcement or other governmental agencies, (iii) discontinuance or material modification to the Services (or any part thereof), (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, (vi) engagement by you in fraudulent or illegal activities, and/or (vii) nonpayment of any fees owed by you in connection with the Services. Furthermore, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the Services.

13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

14. LINKS
The Services may provide, or third parties may provide, links to other Websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable party (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part.

We grant you a limited, personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

16. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, THE CONTENT AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, THE CONTENT AND/OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES, THE CONTENT AND/OR THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE CONTENT AND/OR THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, THE CONTENT AND/OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, THE CONTENT AND/OR THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES, THE CONTENT AND/OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES, THE CONTENT AND/OR THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, THE CONTENT AND/OR THE SOFTWARE; AND/OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES, THE CONTENT AND/OR THE SOFTWARE.

18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.

19. NOTICE
We may provide you with notices, including those regarding changes to these Terms of Service, whether via email, regular mail, SMS, MMS, text message, postings on the Services or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these Terms of Service by accessing the Services in an unauthorized manner. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

20. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and understanding between you and us, and these Terms of Service shall govern your use of the Services, superseding any prior version of these Terms of Service between you and us with respect to the Services.

21. CHOICE OF LAW AND FORUM
You agree that these Terms of Service and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Service, or the relationship between you and us, shall be brought exclusively in a state or federal court located in New York County, New York. You agree to submit to the personal jurisdiction of the courts located within New York County, New York, and you agree to waive any and all objections to the exercise of jurisdiction by such courts and to venue in such courts.

22. WAIVER AND SEVERABILITY OF TERMS
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the language of such provision, and all other provisions of these Terms of Service remain in full force and effect.

23. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

24. SECTION HEADINGS
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.