Terms of Use

The following constitutes the terms and conditions (the “Terms of Use”) and the Privacy Policy governing your use of this Site located at www.visitoffice.com and any services and/or content made available from or through this Site, including any subdomains thereof (hereinafter, the “Site”). The Site is made available by Office: Jason Schulte Design, Inc., a California limited liability company (“Office” or “we” or “us”). We may change the Terms of Use from time to time by posting such changes on the Site. Accordingly, you should periodically review these Terms of Use for revisions. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE.

If you do not agree to these Terms of Use, you may not access or otherwise use the Site or the services provided via the Site.

1. Proprietary Rights

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. To the extent that we do not own material contained on the Site, we have secured a license from the owner or licensor of such material granting us the right to display such content in the manner displayed on the Site. Your use of the Site does not grant to you ownership of any kind in any content, code, data or materials you may access on or through the Site.

2. Limited License

You may access and view the content on the Site and make single copies or prints of the content on the Site at your own risk and for your personal, non-commercial and internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use. You may not use the Site for commercial purposes or in any way that is unlawful, harassing or intimidating, or harms us or any other person or entity, as determined in our sole discretion.

3. Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Office or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Site. (This includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 4 below) or any other proprietary content or proprietary rights notices.) If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use (including, without limitation, for violations of copyright, trademark and other applicable laws).

4. Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

5. User Information

In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personal information to us such as your name and email address “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Privacy Policy located at www.visitoffice.com/terms, which is incorporated herein by reference for all purposes. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of the User Information you provide us.

6. Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information from you through the Site, via our social media feed which may be incorporated into the Site, by e-mail or in any other way. Any information, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to any message boards, review/ratings boards and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Privacy Policy located at www.visitoffice.com/terms. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any Submitted Materials that you provide to us, nor are we responsible for any information included in any Submitted Materials (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such Submitted Materials at any time, in our sole discretion.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

If you submit a photograph, you also agree to, represent and warrant the following: (i) you have the rights necessary to authorize us to use the photograph as permitted by these Terms of Use; (ii) you authorize us to use the photograph as permitted by these Terms of Use; (iii) you have obtained the necessary permissions, if any, for us to use the photograph in accordance with the Terms of Use; and (iv) the photograph has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.

Office will not accept responsibility for any information included in any Submitted Materials created, transmitted or posted by users. You alone are responsible for the content and consequences of any and all of your activities and you submit Submitted Materials at your own risk.

7. Prohibited User Conduct

You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from Office or www.visitoffice.com, or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content or materials or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.

If Office has banned you from the Site or any of the services on or available through the Site, for any reason, in its sole discretion, you may not return to the Site for any reason or in any manner. In the event that you do return, or attempt to return, to the Site or a particular service offered by or through the Site after you have been banned, you will be deemed to have breached these Terms of Use, and Office reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.

8. Right to Monitor

Office reserves the right, but does not and shall not have an obligation, to monitor and/or to review all materials posted to the Site or through the Site’s services or features by users, and Office is not responsible for any such materials posted by users. Office is not responsible for any failure to monitor, review and/or delete any materials posted to the Site or through the Site’s services or features by users. However, Office reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in Office sole discretion, are in violation of these Terms of Use or applicable law. We may also, without notice or liability, impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty if we believe you are in breach of the guidelines set forth in our Terms of Use or in violation of applicable law.

9. Linking to the Site

You agree that if you include a link from any other Site to the Site, such link shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other Site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Site from any other Site at any time upon written notice to you.

10. Indemnification

By submitting or posting any User Information, photograph and/or Submitted Materials you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such User Information, photograph and/or Submitted Materials, we may rely on your representations and warranties contained herein. By using the Site you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to your engaging in any prohibited user conduct, as described herein, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold Office and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees and other costs of enforcing these Terms of Use, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials on or through the Site, or your breach or violation of the law or of these Terms of Use. Office reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Office’s defense of such claim.

11. Orders for Products and Services

We may make certain products and/or services available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card/PayPal® concurrent with your online order or by other payment means acceptable to Office. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents or PayPal®, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.

12. Third Party Sites

You may be able to link from the Site to third party Sites that take you outside of our service and third party Sites may link to the Site (“Linked Sites”). For example, if you click on a banner advertisement or a search result, the click may take you off the Site or you may click on a portion of the Site that brings you to a third-party Site, like Paypal®. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge and agree that Office has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours, and you rely on the same at your own risk. Such Linked Sites are not under our control, and links to other sites are provided solely for the convenience of users. You acknowledge that when you click on a link that leaves the Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to the Site, although we are under no obligation to do so. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Sites or the information, content, products, services, advertising, code or other materials presented on or through such Sites. Also, Office is not responsible for any form of transmission received from any linked Site.

13. DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. OFFICE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, OFFICE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH OFFICE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY OFFICE“AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND OFFICE OR ITS LICENSOR OR SUPPLIER.

UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH OFFICE. OFFICE HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.

14. LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OFFICE, ANY MEMBER OF OFFICE OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE AND/OR THE SERVICES PROVIDED VIA THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO OFFICE FOR YOUR USE OF THE SITE, INCLUDING THE SERVICES PROVIDED VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

15. Applicable Law

We control and operate the Site from our offices in San Francisco, California United States of America. We do not represent that materials on the Site and/or the services offered through the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury. You and Office each agree that these Terms of Use, the incorporated Privacy Policy, and the relationship between us shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms of Use, or the relationship between you and Office shall be brought exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Office agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

16. Termination

Office may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services (including, without limitation, content, features or hours of availability), at any time and for any reason. Office may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Once you have been banned from use of the Site, you may not thereafter use the Site under a new username or identity. Office maintains a policy to terminate the Site use privileges of users who repeatedly infringe the intellectual property rights of others (including those of Office).

17. Changes to Terms of Use

Office reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

18. Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.