Last updated March 17, 2024
AGREEMENT TO OUR LEGAL TERMS
We are GTD Designs LLC, doing business as GTD Designs ("Company," "we," "us," "our"), a company registered in Tennessee, United States at 3101 W Market St Ste 109 - 611, Johnson City, TN 37604.
We operate the website https://www.gtddesigns.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at support@gtddesigns.com or by mail at 3101 W Market St Ste 109 - 611, Johnson City, TN 37604, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and GTD Designs, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS AND WARRANTIES
4. ACCOUNT REGISTRATION AND RESPONSIBILITY
8. SOCIAL MEDIA
9. THIRD-PARTY WEBSITES AND CONTENT
11. DATA PRIVACY AND SECURITY COMMITMENT
13. MODIFICATIONS AND INTERRUPTIONS
14. GOVERNING LAW AND JURISDICTION
16. CORRECTIONS
17. DISCLAIMER
19. INDEMNIFICATION
20. USER DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. CALIFORNIA USERS AND RESIDENTS
23. MISCELLANEOUS
24. CONTACT US
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@gtddesigns.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
When you utilize our Services, it is imperative that the information you provide during registration is not only truthful but also accurate and up-to-date. It is your responsibility to ensure the ongoing accuracy of this information, and you must promptly make necessary updates to any registration details.
Your use of our Services signifies that you possess the legal capacity to enter into and abide by these Legal Terms. This includes a confirmation that:
Access to our Services must be conducted through standard, human-operated means. The use of automated systems such as bots, scripts, or other non-human interfaces is expressly prohibited.
We reserve the right to suspend or terminate your account, and to refuse present or future use of our Services (or any portion thereof), should the information you provide prove to be untrue, inaccurate, outdated, or incomplete. This action is necessary to maintain the integrity and security of our Services.
To access certain features of our Services, you may be obliged to complete the registration process. This process is designed to ensure secure and personalized access to our Services.
As part of maintaining the security of your account, it is crucial that you keep your password confidential. You bear full responsibility for all activities that occur under your account. It's important to understand that any action taken through your account will be presumed to have been made by you.
When selecting a username during registration, please choose responsibly. We hold the right to modify, reclaim, or remove any username at our discretion. This measure will be particularly enforced if a username is deemed to be inappropriate, offensive, or in any way objectionable. Our decision in this regard is guided by our commitment to maintaining a respectful and secure environment for all users.
The Services provided are intended solely for the purpose set forth by us. They may not be used for any commercial purposes unless explicitly endorsed or approved by us. Your access to and use of the Services should align strictly with their intended function.
As a user of the Services, you are prohibited from engaging in the following activities:
While the Services do not primarily offer a platform for users to submit or post content, there may be opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, videos, audio recordings, photographs, graphics, and personal information (collectively referred to as "Contributions"). These Contributions could be accessible to other users and visible on third-party websites, and are subject to our Privacy Policy.
By creating or making available Contributions on the Services, you affirm the following:
Any use of the Services that contravenes these conditions may lead to actions including, but not limited to, termination or suspension of your rights to use the Services.
In accordance with our Privacy Policy, you consent that we, the Services, have the right to access, store, process, and utilize any personal information and data you provide. Your choices and settings will guide how this information is handled, ensuring alignment with your preferences.
When you provide suggestions, ideas, or other feedback about the Services, you agree that we have the freedom to use and share this feedback for any purpose. This usage will not entitle you to any form of compensation. Your contributions in this regard are invaluable in helping us improve and evolve our Services.
While you maintain ownership over your Contributions, including any intellectual property rights, we claim no ownership of them. Consequently, you bear the full responsibility for any content you contribute to the Services. This includes the responsibility for the accuracy, legality, and appropriateness of your Contributions.
We are not liable for any statements, representations, or content provided by you in your Contributions. As the sole contributor, you agree to absolve us of all responsibility related to your Contributions. You also agree not to pursue any legal action against us regarding the content you contribute to the Services.
As part of our marketing and engagement strategy, GTD Designs actively utilizes various social media platforms, including but not limited to Instagram, Facebook, Pinterest, Instagram, and others. Our presence on these platforms involves interactions with the public, including reposting user-generated content featuring our products and promotions.
By posting content on social media that features our products or relates to our brand, you agree to the following terms:
GTD Designs reserves the right to request the removal or modification of any user-generated content that violates these terms. Failure to comply with these terms may result in legal action or other measures to protect the brand and reputation of GTD Designs.
This Social Media Interaction and Content Policy is an integral part of our broader Terms and Conditions and Privacy Policies, and adherence to this policy is required for all users engaging with GTD Designs on social media platforms.
The Services may feature or direct you to Third-Party Websites and expose you to Third-Party Content. This includes a diverse range of materials such as articles, photographs, designs, music, video, software, and other items originating from external sources.
We do not actively investigate, monitor, or verify the Third-Party Content or Third-Party Websites for accuracy, appropriateness, or completeness. Therefore, we hold no responsibility for:
Our inclusion of, linking to, or allowing the use or installation of Third-Party Websites or Third-Party Content does not equate to an endorsement or approval. These links and content are provided for your convenience and information only.
If you choose to engage with Third-Party Websites or use/install Third-Party Content, you do so at your own risk. It is important to understand that our Legal Terms cease to apply once you navigate away from the Services. We encourage you to review the terms, policies, privacy, and data collection practices of any Third-Party Websites, especially those you transact with.
Any purchases made through Third-Party Websites are strictly transactions between you and the external provider. We bear no responsibility for these transactions and the outcomes thereof.
You agree to absolve us of any responsibility for the products or services offered on Third-Party Websites. This includes holding us harmless from any harm resulting from your purchase or use of such products or services. Furthermore, we shall not be liable for any losses or damages you incur in connection with Third-Party Content or your interactions with Third-Party Websites.
We reserve the following rights in relation to the management of the Services:
Overall Management: We will manage the Services in ways that we deem appropriate to protect our rights and property and to ensure the Services function properly. This includes, but is not limited to, making decisions about the availability and functionality of the Services.
We place a high emphasis on data privacy and security. To understand our practices and your rights, please review our Privacy Policy, which is integral to these Legal Terms. By using the Services, you acknowledge and agree to the terms outlined in our Privacy Policy.
The Services are hosted in the United States. If you access the Services from outside the United States, in regions where data protection laws may differ, your continued use of the Services constitutes your consent to transfer your data to the United States. By using the Services, you expressly agree to have your data transferred to and processed within the United States, under U.S. law.
In alignment with our commitment to protect children's privacy:
In compliance with the U.S. Children’s Online Privacy Protection Act (COPPA), if we learn that we have inadvertently received personal information from a child under 13 without verifiable parental consent, we will delete that information as swiftly and effectively as possible.
These Legal Terms are applicable and enforceable for the duration of your use of the Services. They constitute the legal framework within which you agree to operate while accessing the Services.
We maintain the right, exercisable at our sole discretion and without the need for notice or liability, to deny access to the Services to any individual. This right extends to blocking certain IP addresses. Grounds for such denial may include, but are not limited to, a breach of the representations, warranties, or covenants made in these Legal Terms or non-compliance with applicable laws or regulations.
We reserve the authority to terminate your participation in the Services, or to delete your account and any associated content or information, at any time and without prior warning, based solely on our discretion. This action can be taken for various reasons, including but not limited to, violations of these Legal Terms or for operational and security reasons.
In the event of account termination or suspension, regardless of the reasons, the following restrictions apply:
Beyond terminating or suspending your account, we also reserve the right to pursue legal actions as deemed appropriate. This includes seeking civil, criminal, and injunctive remedies to address any infringements or violations.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
The Legal Terms set forth for the Services, as well as your usage of these Services, are governed and interpreted in line with the laws of the State of Tennessee. This governance applies specifically to agreements:
In determining the applicable legal framework, the conflict of law principles of the State of Tennessee will not be considered. This means that the Legal Terms will be construed solely according to the internal, substantive laws of Tennessee, excluding any potential interference or influence from legal principles that might direct the application of the laws of another jurisdiction.
In the interest of resolving disputes efficiently and to minimize the costs of any disagreement arising from these Legal Terms (referred to individually as a "Dispute" and collectively as "Disputes"), the involved parties (each a "Party" and together, the "Parties") agree to first attempt to resolve any Dispute through informal negotiations. This process will be initiated by a written notice from one Party to the other and will last at least thirty (30) days.
Should the Parties fail to resolve a Dispute through informal negotiations, the Dispute, with the exception of those outlined later, shall be finally settled through binding arbitration. By agreeing to these terms, you understand that you are waiving the right to sue in court and have a jury trial. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both available on the AAA website. The arbitration fees and the share of arbitrator compensation will be governed by these AAA Consumer Rules. The arbitration may be conducted in person, via document submission, phone, or online. The arbitrator's decision will be in writing and will be final, subject to legal review for compliance with the law.
Unless required differently by the AAA rules or applicable law, arbitration will occur in Washington County,, Tennessee. The Parties retain the right to approach the court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s decision.
In the event a Dispute proceeds in court rather than arbitration, it will be brought in state and federal courts located in Washington County,, Tennessee. The Parties consent to this jurisdiction and venue, waiving any objections based on personal jurisdiction or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) do not apply to these Legal Terms.
Disputes related to the Services must be filed within one (1) year after the cause of action arises. If a portion of this clause is found unenforceable, the unenforceable part will not be subject to arbitration and will be decided by a competent court in Washington County,, Tennessee.
The Parties agree that:
The following are not covered by the arbitration agreement:
If part of this exclusion is found illegal or unenforceable, such Disputes will be resolved in the competent courts of Washington County,, Tennessee, and the Parties submit to the jurisdiction of these courts.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
The Services are provided on an "as-is" and "as-available" basis. By using the Services, you agree to do so at your own risk.
To the maximum extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, related to the Services and your use of them. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not make any representations regarding the accuracy or completeness of the content provided on the Services or any websites or mobile applications linked to or from the Services.
We will not be liable for any issues that may arise from your use of the Services, including but not limited to:
We do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, or any hyperlinked website or application. Any transactions between you and third-party providers are solely your responsibility, and we are not responsible for monitoring such transactions.
We, along with our directors, employees, and agents, will not be liable for any form of damages or losses incurred by you or any third party as a result of using the Services. This includes, but is not limited to:
This limitation applies even if we have been advised of the potential for such damages.
The above limitations of liability are subject to all applicable laws. In jurisdictions where limitations on implied warranties, or the exclusion or limitation of certain damages, are not allowed, these limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
If you are governed by jurisdictions with laws that do not allow certain disclaimers or limitations as mentioned above, you may have additional rights that supersede these limitations.
You agree to defend, indemnify, and hold harmless our company, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including reasonable legal fees and expenses. This indemnification applies to claims made by any third party due to or arising out of:
While you are obligated to indemnify us, we reserve the right to take over the exclusive defense and control of any matter for which you are required to indemnify us. In such cases, you agree to cooperate with our defense of these claims, at your own expense.
We commit to making reasonable efforts to inform you of any claims, actions, or proceedings that fall under this indemnification clause, as soon as we become aware of them.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
The entirety of our agreement with you is encompassed within these Legal Terms and any policies or operational rules we have posted regarding the Services. This forms the complete understanding between you and us.
Our failure to exercise or enforce any rights or provisions in these Legal Terms does not constitute a waiver of such rights or provisions. These Terms are enforced to the maximum extent allowed by law.
We reserve the right to transfer or assign our rights and obligations under these Terms to others at any time without restriction.
We are not liable for losses, damages, delays, or failures to act that are caused by events beyond our reasonable control.
If any part of these Legal Terms is deemed unlawful, void, or unenforceable, that part will be severable from the rest of the Terms, leaving the remainder in full force and effect.
Nothing in these Legal Terms creates a joint venture, partnership, employment, or agency relationship between you and us.
These Legal Terms will not be construed against us merely because we drafted them.
You waive any defenses you might have regarding the electronic nature of these Legal Terms and the absence of physical signatures in their execution.
For assistance with resolving any complaints you may have regarding the Services, or to obtain further information about how to use the Services, please reach out to us at:
GTD Designs LLC
Mailing Address: 3101 W Market St, Ste 109 - 611 , Johnson City, TN 37604, United States
Email: support@gtddesigns.com
We are committed to providing support and addressing your concerns promptly and thoroughly.
