TERMS OF SERVICE

For www.hazzdesign.com

Introduction

Welcome to www.hazzdesign.com. This website is owned and operated by HAZZ DESIGN CONSULTING, INC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and AGREE TO ACCEPT AND ADHERE TO THE FOLLOWING TERMS AND CONDITIONS OF SERVICE AND USE AS STATED IN THIS POLICY (hereafter referred to as ‘User Agreement’), ALONG WITH THE TERMS AND CONDITIONS AS STATED IN OUR PRIVACY POLICY (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of June 11, 2018.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

These Terms of Service apply to all users of the Website, including users who are also contributors of text, image, audio and video content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

Wherein, you understand that:

You must be 18 years and older to use this site.

We are not responsible for any content which may be deemed as pornography, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates our rights or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval; If this describes your audios, videos, photos even if they are content of yourself, don’t post them on our Website.

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are not required to create a Website account to use some parts of the Website however there are services that will not be available to you if you do not create an account.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. When creating your account, you must provide accurate and complete information. You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.

Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. Contains any type of unauthorized or unsolicited advertising;
  4. Impersonates any person or entity, including any of our owners, hosts, authors, employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

We reserve the right, at our sole discretion, to delete any account at any time if it believes the Terms of this Agreement are violated by you, or may be violated by you. Any content that you have created that is stored on the Website will be deleted and permanently irretrievable.

We do not assume any liability for any content posted by you or any other 3rd party users of our Website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of HAZZ DESIGN CONSULTING, INC. / www.hazzdesign.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy (https://hazzdesign.com/privacy-policy/).

You agree to indemnify and hold harmless hazzdesign.com and HAZZ DESIGN CONSULTING, INC., its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Purchases & Subscription Service Terms

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF OUR SUBSCRIPTION SERVICES AND OTHER SERVICES OR PRODUCTS. YOU AGREE TO THESE TERMS WHEN YOU CLICK BUY or CHECK “AGREE” IN THE ACCOUNT AND/OR SUBSCRIPTION SET UP PROCESS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “BUY” or “AGREE,” AND DO NOT USE THE SERVICE OR PRODUCT. YOU ACKNOWLEDGE THAT BY USE OF THE SERVICE OR PRODUCTS, YOU AGREE TO ABIDE BY AND THEREFORE ARE BOUND BY THESE TERMS.

You agree to a charge on your credit card account or PayPal account when you purchase a Service. The word “Purchase” refers to a purchase of a subscription or the right to use the Service as specified in each Services description. The features, specifications and limitations of each Service are incorporated into these Terms of Service by reference. We accept these forms of payment for Products and Services: credit cards issued by American Express, Visa, MasterCard and Discover and PayPal. Billing occurs at the time of or shortly after your transaction. When making purchases, your credit card is charged for the entire balance of the purchase. Charges will show on your statement as HAZZ DESIGN CONSULTING, INC.

You agree to provide a valid credit card or PayPal account for the purchases. You are responsible for all taxes that may incur as a result of your purchase. The Company may obtain pre-approval from your credit card account up to the amount of the purchase. The billing on your credit card or PayPal account usually occurs at the time of purchase or shortly thereafter. Multiple purchases may appear on your credit card or PayPal account may appear as
multiple transactions.

You agree that you will pay for all subscription, services and products you purchase, and that we may charge your credit card account for any purchases and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account or Proposal.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL RECURRING FEES (IF APPLICABLE) AND FOR PROVIDING US WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online in the Account Information section of the Website. This may temporarily disrupt your access to the Service while we verify your new payment information.

ALL SALES AND SUBSCRIPTIONS ARE FINAL.

Prices may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product or service becomes unavailable following a transaction, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by us.

Some services may be offered through the Website and independently of the Websites through proposals directly from us at your request. This Agreement applies to such offers when accepted by you and this Agreement will be attached to such proposals.

If certain terms within a proposal submitted to you are inconsistent with the terms of this Agreement then the inconsistent terms in the proposal take precedence over the terms in this Agreement.

All other terms not inconsistent within the proposal, or within this Agreement, are binding upon you when the offer is accepted.

Your use of the services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Use of the Services may require compatible devices, internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that meeting these requirements, which may change from time to time, is your responsibility.

You agree to provide the Company with accurate and complete information necessary for billing your account. You are responsible for updating this information to keep it accurate and complete.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, go to https://hazzdesign.com/privacy-policy/.

Limitation of Warranties

By using our website, you understand and agree that all Information and Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  1. the use of our Information and Resources will meet your needs or requirements.
  2. the use of our Information and Resources will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using our Information and Resources will be accurate or reliable, and
  4. any defects in the operation or functionality of any Information and Resources we provide will be repaired or corrected.
  5. FURTHERMORE YOU AGREE AND UNDERSTAND any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  6. no information or advice, whether expressed, implied, oral or written, obtained by you from HAZZ DESIGN CONSULTING, INC. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. HAZZ DESIGN CONSULTING, INC. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.hazzdesign.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of HAZZ DESIGN CONSULTING, INC., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by HAZZ DESIGN CONSULTING, INC. All other product names, logos, brands, and other trademarks featured or referred to within the www.hazzdesign.com website, podcast, social media sites and blogs are the property of their respective trademark holders. These trademark holders are not affiliated with us, our services or our Website and they do not sponsor or endorse us unless otherwise disclosed.

DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
  • Your address, telephone number, and email address
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website, information and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Information and Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

We retain sole discretion to decide if you have breached this agreement, any rule, regulation or law that is contrary to this Agreement.

We may restrict, suspend, or terminate your access to all or any part of the Websites, deactivate your account, or delete your account and all related information and files in your account. You acknowledge, consent and agree that we may access, preserve, disclose or delete your account information and access to Websites if required to do so by law or in a good faith belief that such act is reasonably necessary to:

  1. comply with legal process;
  2. enforce the Terms;
  3. respond to claims that your use of the Websites violates the rights of third-parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property, or personal safety of our Company, its users and the public. After a period of inactivity, the Company reserves the right to disable or terminate a user’s account.
  6. Unless otherwise explicitly stated, the Terms will survive the expiration or deletion of your account for any reason.

Governing Law

This website is controlled by HAZZ DESIGN CONSULTING, INC. from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of the USA, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, HAZZ DESIGN CONSULTING, INC. / www.hazzdesign.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Changes to The Agreement

The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Website or Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website or Services will be deemed acceptance thereof.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

HAZZ DESIGN CONSULTING, INC.
(www.hazzdesign.com)

26632 Towne Center Dr. Ste 300

Foothill Ranch, CA 92610 USA