Terms of Use

Acceptance of Terms

Welcome to the Landon Taylor Design Group Terms of Use.  Landon Taylor Design Group provides its website and related services (“Site”) subject to the following Terms of Use (“Terms”).  Landon Taylor Design Group reserves the right to change these Terms from time to time without notice to you by posting new Terms of Use on the Landon Taylor Design Group website.  Please refer to the Terms of Use periodically for any changes.

BY CONTINUING TO USE THE Landon Taylor Design Group SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND ALL REVISIONS THEREOF.

Eligibility

Landon Taylor Design Group will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law.  If you are under the age of 18, but at least 13 years of age, you may use Landon Taylor Design Group only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  Landon Taylor Design Group is not intended for children under the age of 13.

User Conduct

In using this Site, you agree to not:

   1. upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

   2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

   3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

   4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

   5. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

   6. upload, download, 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;

   7. upload, download, post, email or otherwise transmit false or misleading information;

   8. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

   9. access, tamper with or use non-public areas of the Site.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

  10. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.

  11. frame or link to the Site except as permitted in writing by Landon Taylor Design Group;

Pricing

Prices for products on Landon Taylor Design Group are described on our Site and incorporated into these Terms by reference.  All prices are in US Dollars.  Prices and products may change at Landon Taylor Design Group’s discretion.

Shipping

All items purchased through Landon Taylor Design Group are made pursuant to a shipment contract.  Title and risk of loss for all products ordered by you shall pass to you on Landon Taylor Design Group’s shipment to the shipping carrier.  We reserve the right to ship partial orders (at no additional cost to you).

Privacy Policy

Your privacy is very important to Landon Taylor Design Group.  Users of this Site should refer to our Privacy Policy for information about how Landon Taylor Design Group collects and uses personal information.  By accepting this Agreement you expressly consent to Landon Taylor Design Group's disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

Proprietary Rights

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Landon Taylor Design Group, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site including code and software, in violation of applicable copyright and other intellectual property laws.

You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, sell, distribute or create derivative works based on the Site, in whole or in part.

Trademarks

All brand, product and service names used in this Site which identify Landon Taylor Design Group or third parties and their products are proprietary marks of Landon Taylor Design Group, and/or the relevant third parties.  Nothing in this service shall be deemed to confer on any person any license or right on the part of Landon Taylor Design Group or any third party with respect to any such image, logo or name.  You shall not make any use of any Landon Taylor Design Group trademarks, logos, or trade dress without prior express and written approval by Landon Taylor Design Group.

Copyright and Intellectual Property Policy

Landon Taylor Design Group’s notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Landon Taylor Design Group

7205 E Superstition Springs Blvd., Suite 1186

Mesa, AZ 85209

By phone:  (480) 659-3535

By fax:  (480) 584-5470

By email:   info@landontaylor.com

Indemnity

You agree to defend, indemnify and hold Landon Taylor Design Group and Landon Taylor Design Group's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Site, (b) your connection to the Site, (c) your violation of these Terms or (d) your violation of any rights of a third party.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Landon Taylor Design Group 's express written consent.

Links

The Site may provide, or third parties may provide, links to other websites or resources.  Because Landon Taylor Design Group has no control of such sites and resources, you acknowledge and agree that Landon Taylor Design Group is not responsible for the availability of such 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 Landon Taylor Design Group 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.

Public Reputation

You acknowledge and agree that you will not use any product ordered from Landon Taylor Design Group in a way that would be damaging to Landon Taylor Design Group's public reputation or that of its employees or solution partners.  Additionally, you acknowledge that if you choose to display any product ordered from Landon Taylor Design Group in a public setting, including on the Internet, in a way which disparages Landon Taylor Design Group, Landon Taylor Design Group, Landon Taylor Design Group reserves the right to demand immediate return of the product Landon Taylor Design Group's sole and exclusive obligation and your sole and exclusive remedy shall be a full refund of all fees paid by you.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Landon Taylor Design Group AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Landon Taylor Design Group DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.  YOU AGREE THAT Landon Taylor Design Group SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Landon Taylor Design Group, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

YOU ACKNOWLEDGE THAT Landon Taylor Design Group DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE.  EXCEPT AS OTHERWISE AGREED IN WRITING, Landon Taylor Design Group AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

YOU ACKNOWLEDGE THAT Landon Taylor Design Group MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Landon Taylor Design Group OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL Landon Taylor Design Group OR ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING Landon Taylor Design Group OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Landon Taylor Design Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Severability

If any provision of these Terms of Use is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Arbitration

These Terms shall be governed by and construed in accordance with the laws of the state of Arizona, without resort to its conflict of law provisions.  Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Maricopa County, Arizona in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect.  The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof.  The Arbitrator may award attorney's fees and costs to the prevailing party.

General

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.  The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision.  Landon Taylor Design Group's failure to act with respect to a breach by you or others does not waive Landon Taylor Design Group's right to act with respect to subsequent or similar breaches.  If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.  These Terms constitutes the entire agreement between you and Landon Taylor Design Group, and supersedes all other communications, written or oral, with regard to the services provided by Landon Taylor Design Group.