AGREEMENT TO OUR LEGAL TERMS
We are aknDesign, LLC ('Company', 'we', 'us', or 'our'), a company registered in Washington,
United States at 522 W Riverside Ave Ste 4873, Spokane, WA 99201-0580.
We operate the website misfits.co (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 hello@misfits.co or by mail to 522 W Riverside Ave Ste 4873,
Spokane, WA 99201-0580, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally
or on behalf of an entity ('you'), and aknDesign, LLC, 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.
We will provide you with prior notice of any scheduled changes to the Services you are using.
The modified Legal Terms will become effective upon posting or notifying you by
alexander@akndesign.com, as stated in the email message. By continuing to use the Services
after the effective date of any changes, you agree to be bound by the modified terms.
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.
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).
2. INTELLECTUAL PROPERTY RIGHTS
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.
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES'
section below, we grant you a non-exclusive, non-transferable, revocable licence to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained
access.
solely for your personal, non-commercial use.
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: hello@misfits.co. If
we ever grant you the 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.
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:
- confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that
is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such
Submission;
- warrant that any such Submission are original to you or that you have the necessary rights
and licences to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
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.
By using the Services, you represent and warrant that: (1) you have the legal capacity and you
agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Services; (4) you will not access the Services through automated or
non-human means, whether through a bot, script or otherwise; (5) you will not use the Services
for any illegal or unauthorised purpose; and (6) your use of the Services will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Services (or any portion thereof).
We make every effort to display as accurately as possible the colours, features,
specifications, and details of the products available on the Services. However, we do not
guarantee that the colours, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your electronic display
may not accurately reflect the actual colours and details of the products. All products are
subject to availability, and we cannot guarantee that items will be in stock. We reserve the
right to discontinue any products at any time for any reason. Prices for all products are
subject to change.
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Services. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorise us to charge your chosen payment provider for any
such amounts upon placing your order. We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers,
resellers, or distributors.
You may not access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial endeavours
except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an undue burden on the Services or the networks or
services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use
or launch any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorised use of the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise use the Services
and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, 'Contributions'). Contributions may be viewable by other
users of the Services and through third-party websites. When you create or make available any
Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases,
and permissions to use and to authorise us, the Services, and other users of the Services to
use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use the Services.
You and Services agree that we may access, store, process, and use any information and
personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may
not post any false or misleading statements; and (8) you may not organise a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent
our opinions or the views of any of our affiliates or partners. We do not assume liability for
any review or for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully
paid, assignable, and sublicensable right and licence to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating to review.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites
('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs,
music, sound, video, information, applications, software, and other content or items belonging
to or originating from third parties ('Third-Party Content'). Such Third-PartyWebsites and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Services or any Third-Party Content posted on, available through, or installed
from the Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Services and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you navigate from the Services
or relating to any applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us blameless from any
harm caused by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION
IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
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.
These Legal Terms and your use of the Services are governed by and construed in accordance
with the laws of the State of Washington applicable to agreements made and to be entirely
performed within the State of Washington, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or
us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ('AAA Consumer
Rules'), both of which are available at the American Arbitration Association (AAA) website.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may
be conducted in person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Whatcom County, Washington.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration,
stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the
award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Whatcom County,
Washington, and the Parties hereby consent to, and waive all defences of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state
and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be
commenced more than one (1) years after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
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. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Services; (2) breach of these
Legal Terms; (3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defence and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your expense, with our
defence of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
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.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
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 be 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 which
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.
23. CALIFORNIA USERS AND RESIDENTS
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.
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed against us by
virtue of having drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
aknDesign, LLC
522 W Riverside Ave Ste 4873
Spokane, WA 99201-0580
United States
hello@misfits.co
