Terms of Service

1. DESCRIPTION OF SERVICE

   Design Online provides you with access to a rich collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Design Online properties, shall be subject to the Agreement. You understand and agree that the Service is provided as an "AS-IS" state and that Design Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

   In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2. YOUR REGISTRATION OBLIGATIONS

   In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and (b) 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 Design Online has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Design Online has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. DESIGNONLINE PRIVACY POLICY

   Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

   You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Design Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Design Online cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.

5. MEMBER CONDUCT

   You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DesignOnline , are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.

   Design Online does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Design Online be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

   You agree to not use the Service to:

   1. upload, post, email or otherwise transmit 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, including, but not limited to, a Design Online official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
   6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
   7. upload, post, email or otherwise transmit 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 normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
   9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
   11. "stalk" or otherwise harass another; or
   12. collect or store personal data about other users.

   You acknowledge that Design Online does not pre-screen Content, but that Design Online and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Design Online and its designees shall have the right to remove any Content that violates the Agreement 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 Design Online or submitted to DesignOnline , including without limitation information in Design Online message Boards, Design Online Clubs, and in all other parts of the Service.

   You acknowledge and agree that Design Online may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DesignOnline , its users and the public.

   You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. SPECIAL ADDITIONS FOR INTERNATIONAL USE

   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. PUBLIC CONTENT POSTED TO DESIGNONLINE

   For purposes of the Agreement, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public Design Online Forums and Design Online Message Boards, but would not include private Design Online Forums or private Design Online communication services. With respect to Content you elect to post for inclusion in publicly accessible areas of Design Online Forums or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Design Online the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific Design Online Forum to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service. With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Design Online the royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

   Public forums on Design Online is a great way for our users to interact, share development ideas and share useful information; however, you should be aware that disclosing personal information online through Chat Rooms/Forums makes the information submitted "public." Such information disclosure may lead to an increase in receiving spam or unsolicited email. Please use extra caution and discretion when disclosing information online. From time to time Design Online may monitor the postings within the Chat Rooms/Forums and we may ask users to modify their postings or we may delete postings if we find they are in violation of our TOS. We review all product and company ratings before posting.

8. INDEMNITY

   You agree to indemnify, defend, and hold harmless DesignOnline , its shareholders, directors, officers, employees, agents, and affiliated companies from and against any losses, costs, liabilities, or damages (including reasonable attorneys' fees) resulting from or in connection with any Content you submit, post, or transmit, or any breach by you of this Agreement.

9. NO RESALE OF SERVICE

   You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that Design Online may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DesignOnline 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Design Online has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Design Online reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Design Online reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

    Design Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Design Online shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

    You agree that DesignOnline , in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Design Online believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Design Online may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Design Online may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Design Online shall not be liable to you or any third party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS OR TENANTS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 or tenant. You agree that Design Online 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 Service.

14. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Design Online has no control over such sites and resources, you acknowledge and agree that Design Online is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Design Online 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. DESIGNONLINE'S PROPRIETARY RIGHTS

    You acknowledge and agree that any software made available in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DesignOnline , tenants or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

    Design Online grants you a revocable, non-transferable and non-exclusive right and license (without the right to grant sublicenses), solely for the terms of this Agreement, to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Design Online for use in accessing the Service.

16. PAYMENT METHODS

    Design Online accepts Visa, MasterCard and American Express. There is no surcharge for using your credit card to make purchases with DesignOnline . Please be sure to provide your exact billing address and telephone number (the address and phone number your credit agency has on file for you). Incorrect information may cause a problem with processing your order. Your credit card will be billed upon shipment of your order or activation of your service. Please be sure to provide a complete phone number (including non-U.S. country codes) where we can reach you in the event we have any difficulty processing your card. To inquire about instant activation or other Design Online service features, please call the Design Online Customer Care Team at +1 (123) 456-7890 or toll-free at +1 (800) 456-7890 (U.S. and Canada) . Our Customer Care hours are Monday through Friday, 8AM - 5PM U.S. Pacific Time (GMT-8).

17. CANCELLATIONS

    Service Subscription Orders: You can cancel Service Subscription Orders by contacting our Customer Care Team at +1 (123) 456-7890 or toll-free at +1 (800) 456-7890 (U.S. and Canada), or email Customer Care. Our Customer Care hours are Monday through Friday, 8AM - 5PM U.S. Pacific Time (GMT-8). The customer credit card is automatically billed on a monthly recurring basis, so the card will not be billed with the next monthly charges.

    System Leasing: Fees for system leases are charged immediately to your credit card. Any requests for credits for system leasing will be credited in increments of lease time on DesignOnline 's systems. For example, if you are unable to effectively use your scheduled time on a system due to unavailability of the board or a related failure in our system beyond your control, Design Online will credit your account with additional time so you can resume your work.

18. CHANGES TO ORDER POLICY

    Requests for additions/modifications to an order that has already been placed can only be accommodated as a new, separate order. If you wish to make a change to an existing order, please contact Customer Care to cancel the original order, and then simply submit a new order.

19. CUSTOMER BILLING RIGHTS

    If you think your bill is incorrect or you need more information about a transaction on your bill, contact us at Customer Care. Please notify us within 60 days after you received the bill on which the error or problem occurred. We request that you include the following information in your correspondence to us: your name and account number, the dollar amount of the suspected error, a description of the error, the order number and any other supporting information.

20. ORDER ACCEPTANCE POLICY

    Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Design Online reserves the right at any time after receipt of your order to accept or decline your order for any reason.

21. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DESIGNONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. DESIGNONLINE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESIGNONLINE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

22. LIMITATION OF LIABILITY

    IN NO EVENT SHALL DESIGNONLINE, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DESIGNONLINE, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS EXCEED ONE HUNDRED DOLLARS ($100 USD), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DESIGNONLINE AND YOU. THIS SITE AND THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

23. NOTICE

    Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service.

24. TRADEMARK INFORMATION

    DesignOnline , the Design Online logo, and product and service names are trademarks of DesignOnline.com Corporation (the "Design Online Marks"). Without DesignOnline 's prior permission, you agree not to display, or use in any manner, the Design Online Marks.

25. COPYRIGHTS AND COPYRIGHT AGENTS

    Design Online respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DesignOnline 's Copyright Agent the following information:

    1. a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. 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.

    Design Online staffs a Copyright Agent for Notice of claims of copyright infringement on its site. To reach the agent by mail, please send correspondence to:

    DesignOnline.com Corporation
    Attn: Copyright Agent
    123 South Barn Road, Ste. 456
    Tempe, AZ 88888-3665 USA
    Tel: +1 (123) 456-7890
    Toll-free: +1 (800) 456-7890 (U.S. and Canada only)
    Fax: +1 (123) 456-7890
    Email: Copyright@DesignOnline.com

    Our normal business hours are Monday through Friday, 8AM - 4PM U.S. Pacific Time (GMT-8).

26. GENERAL INFORMATION

    The Agreement constitutes the entire agreement between you and Design Online and governs your use of the Service, superceding any prior agreements between you and DesignOnline . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Agreement and the relationship between you and Design Online shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Design Online agree to submit to the personal and exclusive jurisdiction of the courts located within Maricopa County, Arizona. The failure of Design Online to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the Agreement are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

    Please report any violations of the Agreement to our Customer Care group.

28. CONTACT

    Please feel free to contact us at:
    DesignOnline.com Corporation
    Attn: Customer Care
    123 South Barn Road, Ste. 456
    Tempe, AZ 88888-3665 USA
    Tel: +1 (123) 456-7890
    Toll-free: +1 (800) 456-7890 (U.S. and Canada only)
    Fax: +1 (123) 456-7890
    Email: Care@DesignOnline.com

    Our Customer Care hours are Monday through Friday, 8AM - 5PM U.S. Pacific Time (GMT-8).

The Internet-based service innovated by Design Online is a win-win for everyone... Software vendors and tools companies benefit because developers can evaluate, integrate, and create software building blocks on fully validated hardware platforms. Developers gain access to resources sooner, increasing their opportunity to launch products that captivate and dominate the marketplace. Bill Claybrook, Embedded Systems Analyst, Aberdeen Group