NEEDMORE DESIGNS TERMS OF USE
You have requested a subscription to use one or more products or services (each a “Product”) offered by Needmore Designs, LLC (the “Company”). Any use of a Product will be subject to the following Terms of Use (“Terms of Use”).
BY CLICKING THE “I AGREE” BUTTON AND USING THE PRODUCT TO WHICH THESE TERMS OF USE PERTAIN, CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE IN CONNECTION WITH ITS USE OF ANY SUCH PRODUCT AND FURTHER AGREE THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THE PERSON AND/OR ENTITIES (COLLECTIVELY, THE “CUSTOMER”) WISHING TO USE THE PRODUCT LISTED ON THE ACCOUNT SIGN-UP PAGE (“SIGN-UP PAGE”).
Note: IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE CUSTOMER OR YOU OR THE CUSTOMER do not agree to any of the terms below, COMPANY is unwilling to PROVIDE THE product TO THE CUSTOMER, and you should not click on the “Accept Terms” button.
Company reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Product, including the release of new tools and products, shall be subject to the Terms of Use. Continued use of the Product after any such changes shall constitute Customer’s consent to such changes. Customer can review the most current version of the Terms of Use at any time at: http://iphonemiles.com/terms.
Violation of any of the terms below will result in the termination of Customer’s right to use the Product.
General Account and Purchase Terms
The following general requirements apply to Customer’s use of any Product:
Customer and all individual users must be 13 years or older to use this Product.
Accounts registered by “bots” or other automated methods are not permitted.
All information requested on the Sign-up Page must be provided in full and must be accurate in all respects.
Once Customer’s purchase is accepted, Company will issue a login.
Customer is solely responsible for maintaining the security of its account and password. Company cannot and will not be liable for any loss or damage from the failure to comply with this security obligation.
Pricing and Payment Terms
A valid credit card is required as requested on the Sign-up Page unless Customer signs up for a Free Account. A “Free Account” is an account pursuant to which Customer is granted a license to use a single Product without charge but subject to the other terms and conditions of these Terms of Use. Customer may only sign up for one Free Account for each Product.
Customer’s use of the Product is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. The foregoing does not apply to Free Accounts.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Customer is responsible for any and all such taxes.
For any new Products purchased after the initial Product purchase, the credit card that Customer provided will automatically be charged the new rate on the next billing cycle unless such Product is obtained through a Free Account.
Prices of all Products, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Company. Such notice may be provided at any time by posting the changes to the Company website located at www.needmoredesigns.com or the Product itself.
Cancellation and Termination
Customer is solely responsible for properly cancelling its account. An email or phone request to cancel the account is not considered cancellation. Customer can cancel its account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
All of the content Customer provided will be immediately deleted from the Product upon cancellation. This information can not be recovered once cancelled.
If Customer cancels the Product before the end of its current paid up month, cancellation will take effect immediately and Customer will not be charged again.
Licensed Use
Subject to Customer’s compliance with these Terms of Use and payment of fees as set forth on the Sign-up Page or other location on the Company’s web site, Company hereby grants to Customer, a nonexclusive, non-transferable license to access and use, for Customer’s internal purposes only, the Product chosen by Customer on the Sign-up Page, including any software programs resident in any such Product. Company shall retain all ownership rights (including intellectual property rights) in and to the Products. Customer agrees not to (a) modify, adapt, alter, translate, or create derivative works from the Products; (b) merge the Products with other software; (c) sublicense, lease, rent, loan, disclose, distribute or otherwise transfer the Products to any third party or operate the Products as a service bureau offering; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for any Products supplied in object code format; (e) permit any other entity or person to access or otherwise make use of the Products; or (f) copy the Software (other than for system back-up or testing purposes).
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. Company shall not be liable to for any modification, price change, suspension or discontinuance of the Product.
CUSTOMER’S USE OF THE PRODUCT IS AT CUSTOMER’S SOLE RISK AND THE PRODUCTS ARE PROVIDED “AS IS”. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Without limiting the foregoing, company makes no warranty regarding uptime or availability of the product.
Customer expressly understands and agrees that Company shall not 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 Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Products; (ii) 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 Products; (iii) unauthorized access to or alteration of Customer’s transmissions or data; (iv) statements or conduct of any third party on the Products; (v) or any other matter relating to the Products.
Technical support is provided via email. Company makes no guarantee regarding response times.
Customer is responsible for all content posted and activity that occurs under its account (even when content is posted by others who have accounts under Customerr account). This includes any and all content contained on Customer’s websites.
Customer may not use the Product for any illegal or unauthorized purpose. Customer must not, in the use of the Product, violate any applicable laws or third party rights. Customer must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. Customer must not transmit any worms or viruses or any code of a destructive nature.
General Conditions
This Agreement shall terminate immediately upon any breach by Customer or its personnel of the terms of these Terms of Use. The rights and liabilities of the parties arising out of or relating to this Agreement will be governed by the laws of the state of Oregon; venue in any lawsuit between the parties will lie exclusively in state or federal courts in Portland, Oregon; and the prevailing party in such litigation will be entitled to recover all reasonable attorneys’ fees and other expenses (in addition to statutory “costs” of litigation). The parties will at all times be and act as independent contractors. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. The failure of any party at any time to require performance by the other of any provision of this Agreement shall in no way affect that party’s right to enforce such provision, nor shall the waiver by any party of any breach of any provision of these Terms of Use be taken or held to be waiver of any further breach of the same provision or any other provision. All waivers must be in writing. Company shall be excused from liability for nonperformance or delay due to any cause beyond its reasonable control. These Terms of Use, the Sign-up Page and any other requirements provided by the Company constitute the entire agreement between the parties with respect to its subject matter. This Agreement may not be modified or amended except in a writing signed by both parties that references this Agreement.