Witful, LLC d/b/a Wire Design Company Terms of ServiceLast Updated: March 6, 2022
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
Wire Design Company may charge you for services in conjunction with using the Site. We may assess and collect from you fees, surcharges, tariffs, duties or other supplemental payment required of or imposed on Wire Design Company by any governmental, regulatory, or financial institution or entity. You may make payments for purchases made through the Site to Wire Design Company by a valid credit card (Visa, MasterCard, American Express, or JCB cards). Wire Design Company reserves the right to expand or limit its payment options.
Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security of your Wire Design Company Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Wire Design Company Site account. You also agree that Wire Design Company is not responsible for any unauthorized use of your Wire Design Company Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Wire Design Company will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Wire Design Company.
You further agree to immediately notify Wire Design Company of any security breach relating to your Site account. Such notices should be sent to Wire Design Company at the address below, and you also agree to make a phone call to us concurrently with the sending of the written notice.
Wire Design Company encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide through the Site or otherwise to Wire Design Company is true, current, complete, and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to the address below or email@example.com.
Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.
Code of Conduct
1. Use of the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
2. Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
4. Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site;
5. Use any metatags or any other “hidden text” utilizing any part of the Site or Wire Design Company’s name, service or trademarks or trade dress without the express written consent of Wire Design Company;
6. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
7. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
8. Upload, or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
9. Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
10. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
11. Harvest or otherwise collect information about others, including, but not limited to, e-mail addresses;
12. Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
13. Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
14. Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
15. Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
16. Any attempt to reverse engineer or reconstruct any portion of the Site;
17. Failure to abide by, or breach of, Wire Design Company’s terms of service or any other policies applicable to the Site;
18. Share your login information or allow third parties to utilize your login information to access any part of the Site; or
19. Engage in any acts or omissions that Wire Design Company believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Wire Design Company you will adhere to all applicable State and Federal laws and regulations.
Use of Name
If you are a customer using the Site or any Site services, you consent to Wire Design Company using your name and business name in advertising and promotional materials related to Site services. You agree to grant Wire Design Company a license to use the design Wire Design Company provided to you for Wire Design Company’s own advertising and commercial purposes.
Site Down Time
Wire Design Company reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Wire Design Company will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Wire Design Company is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Wire Design Company’s control.
Intellectual Property Rights
You agree that Wire Design Company holds all right, title and interest to all services, its websites and information and technology used to provide the Site and Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of Wire Design Company’s intellectual property rights without the express written permission from Wire Design Company.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Wire Design Company or its licensors and is protected by United States and international copyright laws.
You also grant Wire Design Company a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Site or otherwise provide to Wire Design Company. Such information will be used solely by Wire Design Company in conjunction with marketing the Site and its services.
Disclaimer of Warranties
WIRE DESIGN COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF WIRE DESIGN COMPANY, WIRE DESIGN COMPANY DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WIRE DESIGN COMPANY DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF WIRE DESIGN COMPANY, WIRE DESIGN COMPANY PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH WIRE DESIGN COMPANY.
WIRE DESIGN COMPANY DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. WIRE DESIGN COMPANY IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
FURTHER, WIRE DESIGN COMPANY DOES NOT WARRANTY OR GUARANTEE THE PROTECTION OF ANY DATA STORAGE BY ITSELF OR ANY THIRD PARTY. WIRE DESIGN COMPANY AGREES TO MAKE REASONABLE EFFORTS TO STORE CUSTOMER PROVIDED INFORMATION BUT DOES NOT WARRANTY OR GUARANTEE THE DATA IS COMPLETELY SECURE AT ALL TIMES.
Assumption of Risk
The Site is intended for design purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including, but not necessarily limited to, copyrights and trademarks, are owned by their respective owners, and neither you nor Wire Design Company shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Without limiting the foregoing disclaimer of warranties or assumption of risk sections, Wire Design Company provides email support for Site customers. Support can be reached by sending an email to firstname.lastname@example.org. Wire Design Company attempts to respond to customer inquiries within two (2) business days.
You agree that Wire Design Company shall have the right to participate in the defense of any claim asserted against Wire Design Company or involving the Site. You also agree that Wire Design Company shall be entitled to retain a counsel of Wire Design Company’s own choosing at your cost. You further agree to notify Wire Design Company of your knowledge of any claim against Wire Design Company or involving the Site. You agree to cooperate fully with Wire Design Company during such proceedings.
Right to Refuse Service
Wire Design Company, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
When you purchase a design from Wire Design Company, you acknowledge you are receiving only a license to use such design for a single application. Any further uses of such design are subject to additional fees and are not covered by the initial purchase. In other words, if you purchase a design to be placed on a t-shirt order, you cannot reuse that same design (modified or unmodified) to be placed future t-shirts or other products without our permission.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Wire Design Company be liable to you for your failure to retain necessary records, nor will Wire Design Company’s retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
Notices and Communication
Notices that you send to us must be delivered via first class mail to the following address:
Wire Design Company
2522 W. 41st Street #134
Sioux Falls, SD 57105-6120
You may also send us notices via e-mail to: email@example.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases made through the Site are deemed made within the State of South Dakota.
Except for injunctive relief, all disagreements shall be brought via binding arbitration. Any Party seeking to pursue an action to arbitration shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, Minnehaha County, South Dakota). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If any part of this Agreement is found to be illegal or unenforceable, then that part will be reduced in scope or modified only to the extent necessary to make it, and the remainder of the Agreement, legal and enforceable.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Wire Design Company must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Successors and Assigns
Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Wire Design Company in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Wire Design Company’s election to not assert its rights under these TOS shall not preclude Wire Design Company from asserting its rights in the future.
Severability of Terms
If Wire Design Company prevails in any action, suit, or proceeding arising from or based upon these TOS, Wire Design Company shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.