Updated: July 1st, 2023
1 . Overview
Between you and ABC Design Group, LLC, these terms of service (the “Terms of Service”) have been agreed upon (“ABCDesignGroup, LLC,” “we,” or “us”, or “ABC Design Group”, or “ABCDesignGroup”). The ABCDesignGroup, LLC website at www.ABCDesignGroup.com, along with any material, functionality, communication channels, software, designs, and services made available on or via it, is accessible to you only in accordance with the Terms of Service (the “Platform”).
You accept these Terms of Service and agree to be bound by them by using the Platform. If you don’t abide by these Terms of Service, ABCDesignGroup may stop letting you use the Platform without giving you any prior warning. You may not access or use the Platform if you disagree with these Terms of Service. To use the Platform, you must be at least 18 years old.
At any time, ABCDesignGroup retains the right to modify the Platform and these Terms of Service. All modifications take effect right away after being posted. Following the publishing of the updated Terms of Service, you are deemed to have accepted and agreed to the changes if you continue to use the Platform.
The Privacy Notice that ABCDesignGroup has posted on the Platform applies to all data that we collect there. By using the Platform, you agree to all activities we take in accordance with the Privacy Notice with regard to your Information. These Terms of Service incorporate and are subject to the Privacy Notice. These Terms of Service take precedence over the Privacy Notice to the extent that there is a conflict. Unless specifically requested by ABCDesignGroup in accordance with the Privacy Notice, you agree not to upload any private or confidential information to the Platform.
To the best of ABCDesignGroup’s knowledge, all Platform Content (as defined below) is current as of the day it is put on the Platform.
When referring to the ABCDesignGroup Team in these Terms of Service, we mean ABCDesignGroup as well as our owners, assignee, subsidiaries, connected businesses, executives, and directors, as well as all parties involved in developing, producing, and/or delivering the Platform.
2 . Services
On the Platform, ABCDesignGroup offers a wide range of product integrations and services (the “Services”) that you can purchase once or subscribe to as needed. The Services are referred to whenever the Platform is mentioned. These Terms of Service and the additional clauses below apply to all Services. To the extent that the additional terms referenced below and these Terms of Service directly contradict, the terms in these Terms of Service shall control.
a. The ability to change the services. We reserve the right to add new features to the Services, including modifications that could change how the Services previously operated. Although we think that any such changes will improve the Services generally, it’s possible that you have a different perspective.
b. There is no condition on additional releases and improvements. You acknowledge that the provision of any future capability or feature by us, including but not limited to the continuation of a specific Service beyond its current subscription term or any third-party services, is not a condition of your purchase of Services on or through the Platform.
c. As-Is. Except as expressly provided differently in this Agreement, the Platform is offered “as is.”
d. Specifics. Although certain of the terms and features used in conjunction with the Platform and Services may resemble those offered by others, our Platform’s terms and features are unique to our Platform.
3 . Intellectual Property
Except as noted below, ABCDesignGroup or its licensors are the owners of the Platform and all of its data, information, features, Services, and functionality (including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other content that can be viewed on the Platform, “Platform Content”). The Platform Content is protected by copyright, trademark, and other intellectual property laws. The following definition of User Contribution(s) excludes it from Platform Content.
The ABCDesignGroup name and any associated logos are the company’s trademarks and service marks (collectively, “Marks”). Without ABCDesignGroup’s prior written consent, it is forbidden to use its trademarks in connection with any goods or services that are not its own, in ways that could confuse consumers, or in ways that disparage, denigrate, or otherwise incorrectly portray ABCDesignGroup. There may be trademarks or service marks of the respective owners of other items or business names referenced on the Platform.
Our trademarks or logos may appear on a third-party website with or without our consent. Any use of our logos or trademarks on a third-party website does not imply ABCDesignGroup’s support or sponsorship.
Please contact ABCDesignGroup as outlined in Sections 18 and 30 if you think any content on the Platform infringes on your intellectual property rights.
4 . Limited License And Prohibited Uses
You are granted a personal, non-exclusive, revocable, non-assignable, and non-royalty-free license by ABCDesignGroup to access and use the Platform Content while using the Platform. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without the prior consent of ABCDesignGroup is strictly prohibited, with the exception of providing the Services to you and your end users as expressly permitted under these Terms of Service. You are not permitted to remove any Marks or other property markings, such as credit and attribution labels and copyright warnings, that have been affixed to or close to Platform Content.
Only legitimate uses and compliance with these Terms of Service are permitted for you, your staff, and your end users (hence, “Clients”) to utilize the Platform. You hereby affirm that neither you nor your workers nor your clients will:
Use the Platform or any Services in a way that contravenes any rules or laws that may be in force.
Utilize the Platform or any Services in order to hurt, exploit, or attempt to harm anybody in any way.
Sending, receiving, uploading, downloading, using, or reusing content that violates these Terms of Service is prohibited.
Delivery any unauthorized advertising or promotional materials, such as “junk mail,” “chain letters,” “spam,” or any other similar solicitation, or arranging for the sending of such materials.
pretending to be ABCDesignGroup, one of its employees, another user, or any other individual or organization (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other behavior that prevents someone from using or enjoying the Platform or any Services, or that, in ABCDesignGroup’s opinion, may endanger ABCDesignGroup or Platform users or subject them to liability.
Use the Platform or any Services in any way that would damage, overburden, disable, or otherwise affect the Platform, or that might obstruct anyone else from using the Platform, including their ability to engage in real-time activities through the Platform.
Use a robot, spider, or other automatic tool to access the platform for any reason, including keeping track of or copying any of the content there.
Use any manual process without ABCDesignGroup’s prior written approval to observe, copy, or otherwise use any of the Platform’s content.
Use any tool, program, or procedure that prevents the Platform or any Services from operating correctly.
Introduce any dangerous or technologically hazardous content, such as viruses, Trojan horses, worms, logic bombs, etc.
try to gain unauthorized access to, alter, destroy, or interfere with any components of the Platform, the server on which the Platform is hosted, any server, computer, database, or other device connected to the Platform, or any Services.
Denial-of-service or distributed denial-of-service attacks against the platform are acceptable.
Alternately, try to prevent the Platform or any Services from operating correctly.
5 . Customer/End User Conduct
You consent to the following in conjunction with your use of the Platform or Services:
All licenses, licences, authorizations, consents, and permits required to carry out your obligations under these Terms of Service shall be maintained in force by you, your employees, agents, and clients.
Regarding the usage of the Platform, you are solely liable for your behavior as well as that of your employees, agents, and clients.
The way your clients utilize the Services is entirely your responsibility. You are in agreement with ABCDesignGroup, not your clients.
You won’t misrepresent the Services to your clients, staff, or agents.
You are responsible for making these Terms of Service available to all of your employees, agents, and clients. You must also ensure that each of them is aware that by using or offering the Services, they are subject to these Terms of Service.
You are the sole owner or legal guardian of all content that you supply to ABCDesignGroup.
The quality and integrity of all data and other information provided to us by or on your behalf through the usage of the Services under these Terms of Service and each Service that you make accessible to your Clients will be your full responsibility for all of your use of the Platform.
In line with these Terms of Service and our Privacy Notice, you have provided and will continue to provide sufficient notices and have received and will continue to get all necessary permissions and consents before giving us access to your client’s data.
Regarding information requests from law enforcement, regulators, or telecommunications providers, you, your staff, and your clients will cooperate in a fair manner.
6 . Your Use Of Communications Features of the Services
The services that ABCDesignGroup offers to you might come with specific communication options like SMS, MMS, email, the ability to make phone calls, and other channels. You concur that
You agree that you understand and will abide by all applicable laws, including the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act, and that you alone are responsible for all communications transmitted through the Services.
You are aware that if you don’t follow the law when using the Services, you risk breaking the rules. In addition to making no warranty that your use of the Services will be legal, ABCDesignGroup is not liable for your compliance with the law. To guarantee that your communications are legal and in accordance with the law, you should get legal counsel.
Only one type of technology platform communication service application is provided by ABCDesignGroup. You, not ABCDesignGroup, are the maker or initiator of any communications; ABCDesignGroup does not create, send, or deliver any messages to any recipient via SMS, MMS, email, or any other communication means. The message, timing, sending, preventing fraud, and call blocking are all under your control. The Service is entirely reactive and only sends messages in accordance with your requests and instructions. All communications, including but not limited to SMS, MMS, and email, are started and created by you and/or your clients, whether they are delivered manually through the Services at your request or automatically as part of communications established by you.
Customers who have explicitly opted into your communications program and agreed to receive your communications (whether by SMS, MMS, email, voice communication, or another method) in accordance with applicable law, including without limitation the TCPA, are the only individuals whose data is provided to ABCDesignGroup through any method, including without limitation by inbound text, data imports, tablet sign-ins, API calls, or manual entry.
7 . Payment
a. Fees. You agree to pay all costs (“Fees”) associated with the Services if you decide to purchase one or more of the Services offered on the Platform. Based on the Services you choose to use, our monthly subscription offers tier pricing for various levels of Services and products. You can add-on services for a one-time fee or recurring subscription fees in addition to our monthly subscription services. Fees could alter sometimes. All Fees are exclusive of any applicable communications service fees or surcharges from telecommunications providers (such as carriers) (collectively, “Communications Surcharges”). All Communications Surcharges related to your use of the Services are your responsibility to pay. Communications Surcharges will be listed on an invoice as a distinct line item. There are no refunds for any fees or communications surcharges.
b. The credit card we have on file will be charged for any fees associated with your purchase or use of the Services. If you sign up for a service that requires recurring payments and is ongoing (like a subscription), those payments will be paid in advance of the service. You agree to give us current, accurate billing information, such as your name, address, and phone number, as well as any changes within ten days of the change. This information must include a valid credit card number.
You are fully responsible for any associated transactions, including but not limited to refunds and chargebacks of such Fees that are passed on, if you are transferring to your clients the cost of paying Platform-related Fees. ABCDesignGroup is not liable for addressing problems involving expenses that are charged to your clients. Fees that are transferred to clients or other parties must be the exact sums ABCDesignGroup charges, without any markup or increase.
c. Taxes, (“Taxes”) related to your use of the Platform, including all Taxes related to the Services you order and any business dealings you have with your clients, are solely your responsibility. As part of the Fees, ABCDesignGroup may charge you any applicable Taxes, and all decisions made by ABCDesignGroup regarding which Taxes to charge are final. If ABCDesignGroup decides at any time that extra Taxes are owed, it may recalculate them and charge you for them. You agree to hold ABCDesignGroup harmless from any claims arising from taxes linked to your use of the Platform, including any taxes arising from any business dealings you have with clients. Taxes are nonrefundable, just like all Fees.
d. Delinquent Amounts. You agree that if your credit card company declines or otherwise refuses to pay the amount due for the Services you have purchased, we may suspend or terminate service provision or product delivery and may demand payment of any past-due fees and other amounts (including any third-party chargeback fees or penalties) through alternative channels that we deem appropriate. You consent to compensate us for all costs incurred to recover amounts owed, including attorney fees and other legal costs, if legal action is required to collect on balances outstanding.
e. Payment Conflicts You must give us written notice of any invoiced charges you want to dispute within sixty (60) days of the date we bill you. While the disagreement is ongoing, you must pay all invoiced fees; otherwise, you give up the right to do so. If you disagree with any fees, you must act appropriately, in good faith, and diligently assist us in settling the disagreement. All decisions made by ABCDesignGroup regarding your duty to pay billed fees are final.
f. No Refunds With the exception of what is stated below, ABCDesignGroup does not offer fee credits or refunds for subscriptions that are only partially utilized or never used. You are still liable for all Fees during the subscription term even if you sign up for a Service subscription but never use the Service or Platform. We are not required to offer the same refund or credit in subsequent cases, even if ABCDesignGroup decides to do so in one case at its exclusive discretion.
In the following circumstances, we reserve the right to give refunds or credits at our sole discretion:
g. If we significantly alter these Terms of Service or Privacy Notice during a billing period and such alteration has an unfavorable effect on you, we may, as we deem appropriate or as may be required by applicable law, refund a portion of your subscription Fee equal to the portion of the term that has not yet expired. You must give written notice that (a) identifies your account and (b) requests termination of the particular Service in order to be qualified for a refund. When we receive your cancellation notice and confirm that you have permission to do so, the cancellation will take effect. To provide us notice, please follow the instructions in the section below titled “Communications and Contact Information.”
h. When a change or interruption to the Services negatively affects you and there are no other available remedies, as described in these Terms of Service, we may, as we deem appropriate or as may be required by applicable law, refund a portion of your paid subscription Fee equal to the remaining unused term of your subscription.
8 . Resale of Services (MAP Policy)
Reselling access to the version of the Platform that has been personalized for or by you is possible at some Service levels. If you are permitted to resell access, you are required to adhere to the rules below as well as our minimum advertised pricing policy, which is outlined in this section.
a. The advertised minimum price. You are not permitted to promote use of the Platform for less than our publicly displayed prices (the “MAP”).
b. Calculating the Advertised Price. After taking into account coupon reductions, rebates, the value of free products, gift card amounts, and other promotional incentives that have the impact of lowering an advertised price, the price at which you are advertising membership to the Platform is calculated.
c. The media Any media may use this MAP policy for advertising. However, this policy does not apply to advertising at a physical store that is not dispersed or made available to customers outside of that store or to final sale prices that are first made available to customers in “shopping carts” during online sales (so long as such prices cannot be retrieved by search engines or otherwise displayed to other customers).
d. Adjustments The MAP was created by ABCDesignGroup and may occasionally be modified by ABCDesignGroup at its sole discretion. Any modifications to the MAP will be announced by updating this clause in the Terms of Service. ABCDesignGroup may also let you know if the MAP changes.
e. Final Sale Price, or e. This MAP policy does not limit your right to select the final price at which you resell access to the Platform; rather, it only applies to the prices at which you advertise access to the Platform. You won’t face any consequences or sanctions from ABCDesignGroup just because you’re reselling access to the Platform for less than the MAP.
f. Distinctions. Advertising inside any jurisdictions where minimum advertised price policies are illegal is not covered by this MAP policy. However, it is against this policy to advertise a price lower than the MAP from any such country to clients in any jurisdiction where the policy is legal.
g. The United Kingdom and the European Union. This MAP policy does not prevent you from giving customers discounts or informing them that their final price may vary from the MAP for sales into the European Union and the United Kingdom.
h. Restrictions on resale. Reselling the service entails an understanding that, unless ABCDesignGroup volunteers to help, you are solely responsible to your resale clients for the service and will manage any issues or inquiries they may have.
i. You Are Not ABCDesignGroup, to start. When reselling the Service, you may not identify yourself as ABCDesignGroup, represent ABCDesignGroup, or make any other indication that you are affiliated with ABCDesignGroup. Never tell your resale clients to get in touch with ABCDesignGroup for anything, not even for service assistance.
j. Termination and Suspension. If we determine that you are breaking this Agreement or for any other reason, we may, in our sole discretion, suspend or terminate your right to resell Services as specified in this section with or without prior notice to you.
9 . Excessive Data Usage
The Service could become sluggish or unavailable due to your excessive data usage. We are not responsible for the impact that your excessive data use may have on the functionality of the Service. If we decide in our sole discretion that your data use is excessive, abusive, or has any detrimental impact on the Services, we may: (1) suspend or terminate your use of the Service; or (2) decrease the amount of data you are able to use, with or without prior warning.
We offer the Service with tier-based pricing, and some tiers can process more data with less negative influence on the operation of the Service. If you’d like further details on data use rates that might be more suitable for your needs, get in touch with us.
10 . Training
You could be given instruction from ABCDesignGroup on how to use the Services. All training and related materials are provided “as is” and without any warranties. You alone are accountable for how and whether you use any tactics you learn during training because only you are aware of your personal circumstances and those of your clients. No specific results are guaranteed by ABCDesignGroup, and depending on your circumstances, Training may occasionally work against you.
11 . Data Stored on Our Servers
You acknowledge that, subject to our Privacy Notice, we are not liable or responsible in any way for any content transmitted or kept on or through the Platform that is lost or deleted. You agree that we reserve the right to delete or cancel accounts that do not pay a membership Fee, are inactive for more than one (1) year, or have broken one or more of the conditions of this Agreement.
12 . Account Registration
In order to access areas of the Platform, register for or use the Services, you will be required to supply registration information or other Information. Your use of the Platform is contingent upon your providing Information that is complete, current, and accurate. All Information you supply to register with the Platform, complete a transaction through the Platform, or for any other purpose is subject to our Privacy Notice, and you consent to all activities ABCDesignGroup conducts with respect to your Information in accordance with our Privacy Notice.
13 . Use and Protection of Login Credentials
You are responsible for preserving the secrecy of your login credentials (“Login Credentials”). You are responsible for any permitted and unauthorized uses of your account and Login Credentials. You agree to promptly alert ABCDesignGroup of any unauthorized access to or use of your account or Login Credentials or any other security breach. ABCDesignGroup maintains the right, at its sole discretion, to disable your Login Credentials at any time and for any or no reason, including if, in ABCDesignGroup’s judgment, you have violated any provision of these Terms of Service. Accounts are non-transferable, and all users are required to take precautions to prevent unauthorized individuals from accessing the Platform using their password.
14 . User Contributions
You own or control all rights to the User Contributions and are authorized to provide us, the ABCDesignGroup Team, our service providers, and each of their licensees, successors, and assigns the license granted above.
Your User Contributions conform with and will continue to comply with these Terms of Service.
You accept and agree that you are solely responsible for any User Contribution you post or contribute, including its legality, reliability, correctness, and appropriateness.
You agree that you will not submit any comments, messages, links, code, or other information that:
Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or infringes any patent, trademark, trade secret, copyright, or other proprietary right of a third party.
We are not responsible for the content or accuracy of any User Contribution provided by you or any other user of the Platform, nor do we promote the User Contribution of third parties. In addition, we are not liable for any failure or delay in the removal of such postings. While we do not monitor User Contributions, ABCDesignGroup may, in its sole discretion, opt to unpublish or otherwise make unavailable to the public any content we feel unneeded or improper for use on our Platform.
15 . User Customization
You may customize portions of the Platform by inserting your name, logo, trademark, and color scheme into your personal access area on the Platform. You are solely liable for any copyright, trademark, or other intellectual property issues associated with the customized appearance of the Platform for you and your Clients. You acknowledge that you may not be able to customize the Platform with your distinctive identity to the extent that your customization would appear to be independently produced. ABCDesignGroup may remove any of your modifications at any time without warning or liability.
16 . Promotions
This Platform may occasionally have advertising provided by other parties. You may correspond with or participate in promotions of advertisers whose products are displayed on this Platform. You and the advertiser are the only parties involved in any such correspondence or promotions, including the delivery and payment for products and services by third parties, and any other terms, conditions, warranties, or representations associated therewith. We accept no liability, obligation, or responsibility for any aspect of this message or marketing. You shall ensure that these actions adhere to all applicable laws.
17 . Content You Create
Your data and any User Contributions you upload to the Service are yours, and you maintain all ownership rights therein (“Your Data”). You authorize the ABCDesignGroup Team, us, and our service providers to use Your Data in accordance with these Terms of Service and our Privacy Notice in order to offer the Services to you. Additionally, subject to ABCDesignGroup’s commitment to protect the privacy of Your Data, you grant ABCDesignGroup the right to use Your Data to enhance the Service, create additional services, and for other business needs. You represent and warrant that you have all required rights and permissions to use the Services if you are using them on someone else’s behalf. Under these Terms of Service, we do not get any right, title, or interest from you or your licensors other than the restricted license that has been granted.
Ideas submissions. The Platform might provide a place where users can post concepts for brand-new goods, services, or related features (each, an “Idea”). Unless we have both agreed otherwise in writing, you agree to the following by submitting an Idea to ABCDesignGroup:
You voluntarily, non-confidentially, and gratuitously submit your idea to ABCDesignGroup. ABCDesignGroup and its designees are granted a perpetual, irrevocable, non-exclusive, fully-paid-up, and royalty-free license to use any idea you submit to ABCDesignGroup without limitations, payment or other consideration of any kind, permission from you or any third party, or notification to you. The license grants ABCDesignGroup or its designees the unrestricted right to use the Idea and all associated rights in perpetuity in any and all media now known or hereafter, including, without limitation, reproduction, preparation of derivative works, combination with other works, alteration, translation, distribution copies, performance, and licensing. ABCDesignGroup may already be working on a similar or identical Idea, or it may have been granted a similar or identical id.
You own all the rights necessary to disclose the Idea to ABCDesignGroup, and neither your disclosure of the Idea nor ABCDesignGroup’s review and/or use of the Idea will violate the rights of any other person or entity. The Idea is your own original work.
ABCDesignGroup has no obligation to develop or use your idea and owes you or anyone else no compensation for any use of your idea or any ideas that are related to or derived from your idea; ABCDesignGroup assumes no obligation with respect to any Idea unless and until it enters into a written contract with you, a third party, or a governmental agency. By disclosing your idea to ABCDesignGroup, you do not create a confidential relationship or obligate ABCDesignGroup to treat the idea as confidential
You have disclosed to ABCDesignGroup if your Idea is covered by a patent that is pending or has already been granted. Any license to use a patented idea must be in the form of a written contract, and ABCDesignGroup’s obligations shall be limited to those in such written contract. ABCDesignGroup acknowledges that, to the extent you hold a patent in the Idea, no license under any patent is granted to ABCDesignGroup; ABCDesignGroup is not required to consider your Idea, provide a reason for rejecting your Idea, or disclose any activities that are related to the topic of your Idea.
18 . Copyright; Digital Millennium Copyright Act
You should notify us of your claim of infringement in accordance with the method outlined below if you think that your work has been reproduced in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated.
Regarding any alleged or actual infringement, we shall review and look into notices of alleged infringement and take appropriate legal action in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Send an email to Hello@ABCDesignGroup.com with the subject “DMCA Takedown Request” and mail your notification of purported copyright infringement to us at the address listed below.
The notification must be in writing and include the information listed below in order to be valid:
a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it; your address, phone number, and email address; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a declaration from you under penalty of perjury that the information in your notice is true and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf and that you have a good faith belief that the disputed use is not permitted by the copyright or intellectual property owner, its agent, or the law.
Counter-Notice: You may send a written counter-notice containing the following information to the above-mentioned Copyright Agent if you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have permission from the copyright owner, the copyright owner’s agent, or as required by law to upload or display the content in your User Contribution:
A statement that you have a good-faith belief that the content was removed or disabled as a result of error or a misidentification of the content; your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; and your name, address, telephone number, and email address, along with a declaration that you will accept service of process.
If our copyright agent receives a counter-notice, we will send a copy of it to the person who first lodged the complaint and advise them that ABCDesignGroup may republish the taken-down item or stop disabling it in ten (10) business days. The removed content might be reposted, or access to it might be restored, in ten (10) to fourteen (14) business days or more following receipt of the counter-notice, at our sole discretion, unless the copyright owner files an action seeking a court order against the content provider, member, or user.
Any user who violates someone else’s intellectual property rights will have their access to the Platform restricted, and/or their account may be terminated, at our sole discretion.
19 . Third Party Content
It’s possible for third parties to contribute content to this platform. All claims and opinions made by third parties are exclusively those of the person or organization who published those statements or information. These materials don’t always represent ABCDesignGroup’s viewpoint. Any content or accuracy of any materials provided by any third parties is not the responsibility of ABCDesignGroup.
20 . Links To Other Web Sites
21 . Limitation of Liability, Indemnification, and Mitigation
The amount you paid us for Services you purchased on the Platform in the three (3) months prior to the act giving rise to the liability shall be your sole remedy and the extent of our liability, if any, for any claims arising out of these Terms of Service and your use of the Platform or the Services.
No matter the cause of action and regardless of whether we were informed of the possibility of such damages, ABCDESIGNGROUP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR
Additionally, WE SHALL NOT BE RESPONSIBLE FOR ANY PROMISES AND/OR STATEMENTS MADE BY THIRD PARTIES RELATING TO OUR SERVICES OR CONTENT OR FOR HELPING YOU CONDUCT BUSINESS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. PLEASE READ YOUR JURISDICTION’S LAWS.
You agree to defend ABCDesignGroup and the ABCDesignGroup Team from all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the platform or services (collectively, “Claims”), including, but not limited to: (a) our use of or reliance on information obtained from third parties; (b) our breach of any representation or warranty made by (f) any violation(s) of applicable law by you, your employees, agents, or clients; (g) your actions as well as those of your employees, agents, or clients; (h) your acts or omissions in relation to giving notice and obtaining consents regarding the origin or content of the SMS or MMS messages, email, or other communications using the Services; I Taxes and other Fees; and/or (j) any disagreements between (1) you and other users.
If any of the Services or Platform are, or in our judgment are likely to be, alleged to infringe upon any third-party intellectual property right, we may, at our discretion, take any of the following actions: (a) obtain the right for you to continue using the Services and Platform in accordance with these Terms of Service; (b) modify or replace the Services or Platform, in whole or in part, to try to make the Services or Platform non-infringing; or (c) require you to immediately cease
22 . Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE PRIVACY NOTICE, OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
23 . Injunctive Relief
You acknowledge that a violation of these Terms of Service will result in ABCDesignGroup suffering irreparable harm for which monetary damages would not be an adequate remedy. As a result, ABCDesignGroup shall be entitled to seek equitable relief in addition to any other available legal or contractual remedies, without having to post a bond or other security.
24 . Waiver And Severability
No provision of these Terms of Service may be waived by ABCDesignGroup in a way that would be construed as a continuous waiver of such provision or of any other provision or condition. The inability of ABCDesignGroup to enforce any right or provision included in these Terms of Service does not constitute a waiver of such rights or provisions.
Any provision of these Terms of Service that is determined to be invalid, unlawful, or unenforceable for any reason by a court or other tribunal of competent jurisdiction shall be eliminated or limited to the absolute minimum amount necessary so that the remaining provisions of these Terms of Service shall remain in full force and effect.
25 . Entire Agreement
Unless otherwise specified below, the Terms of Service and our Privacy Notice reflect the entire agreement between you and ABCDesignGroup with regard to the Platform and supersede all prior and contemporaneous agreements, understandings, representations, and warranties (whether written or oral). No other document may be used to augment, amend, or change these Terms of Service (s).
You and ABCDesignGroup could sign a different contract. Any individual agreements you may have with ABCDesignGroup are deemed to be a part of your overall contract with them. In the event of a discrepancy between the terms of your separate agreement with ABCDesignGroup and these Terms of Service, the terms of your separate agreement with ABCDesignGroup shall govern.
26 . Term and Termination
While you use the Platform or subscribe to any Services, these Terms of Service will continue to be in full force and effect. The provisions of these Terms of Service that are by their nature intended to survive will continue to apply to you even after you stop using the Platform, including but not limited to Sections 3, 7, 11, 14, 17, and 20 to 30 as well as the Privacy Notice and our Disclaimer.
a. Reasons for Dismissal. You acknowledge and agree that ABCDesignGroup may, at any time and for any reason, with or without prior notice, suspend or terminate your access to the Platform (or any part thereof), with or without liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Any alleged fraudulent, abusive, or illegal behaviour may be cause to deny you access to this Platform and, if required, report you to the relevant authorities.
a. Upon termination, there is no right to services. Your entitlement to use the Services offered on this Platform shall end right away upon termination, regardless of the reason(s) driving such termination. Any claims for damages resulting from any termination, suspension, or other actions we take in conjunction therewith shall not subject us to liability to you or any third party.
b. Termination or Modification Procedures. If you decide to stop using the Platform for any reason, you must give ABCDesignGroup written notice at least 30 days before your next billing date.
No termination by users of third parties. Access to subscriptions not directly acquired from us is restricted for ABCDesignGroup. Any user who was granted access to the Platform by a company other than ABCDesignGroup must get in touch with that party if they have any questions about termination.
27 . Applicable Law, Binding Arbitration, and Class Action Waiver
THE FOLLOWING PARAGRAPHS REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION, SO PLEASE READ THEM CAREFULLY.
Without regard to any considerations of conflict of laws, the laws of the State of Wyoming shall govern these Terms of Service and any legal problems arising out of or related to them.
Any dispute or claim arising out of or connected to these Terms of Service must be resolved exclusively via arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules in force at the time. The Federal Arbitration Act governs this arbitration clause. In Sheridan, Wyoming, the arbitration hearings will take place. Any award from arbitration may be entered in a court with appropriate jurisdiction.
This arbitration agreement’s scope requires that all claims and disputes be arbitrated or litigated individually, not as part of a class. There is no combined arbitration, joint litigation, or consolidation of the claims of more than one customer or user.
28 . No Bug Bounties
There is no bug bounty program or bug bounty payout at ABCDesignGroup. Except as specifically permitted by this Agreement or as agreed to by ABCDesignGroup in a separate agreement, ABCDesignGroup forbids any third party access to the Platform or any of its systems or networks, including any network penetration testing, security assessment, or probing.
29 . Miscellaneous
a. Your Duties Regarding Privacy. You are required to develop and enforce your own privacy notice, offering a degree of protection at least comparable to that offered to you by ABCDesignGroup, should you grant access to the Platform to any other parties, such as your Client(s). To ensure that your client(s) voluntarily agree to be bound by your privacy notice, you must seek their consent.
c. Usage abroad. Although the Platform may be accessible from anywhere in the globe, we do not guarantee that its content is suitable or readily available for use elsewhere. The decision to access the Platform from another place is made voluntarily and at the user’s own risk. You are in charge of adhering to local regulations in your jurisdiction, including but not limited to those governing the taxation of goods bought online, if you decide to access the Platform from a location outside of the United States. Any offer made in conjunction with the Platform for any goods, services, or information is invalid where prohibited.
c. Unavoidable Force. We shall be excused from liability for non-delivery or delay in delivery of goods and/or services available through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor unrest, war, fire, accident, unfavorable weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our control, in addition to any excuse provided by applicable law.
b. Instructions for notifying ABCDesignGroup. Every notice to a party must be made in writing and by email. Notices to ABCDesignGroup must be submitted to Hello@ABCDesignGroup.com, Customer Service’s email address. You consent to us sending you messages at either the email address you supplied during registration or any other address we may have on file. Notifications take effect when received.
30 . Communications and Contact Information
Please email us at hello@ABCDesignGroup.com or write to us at the following address if you have any additional questions or concerns about the Platform, our Terms of Service, or the Privacy Notice.
ABC Design Group, LLC
30 N Gould St Suite 36741
Sheridan, WY 82801
EFFECTIVE DATE: November 5th, 2022