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Any more questions? email us: contact@disignir.com
What is Disignir VIP Club Member?
Disignir VIP Club Membership is a pre-launch program that we are hosting before the official release of our Disignir.com site. The first 100,000 members who register with us will get a 3-years free membership to Disignir.com. Friend referrals will qualify for additional rewards such as early site access and Disignir stock options.
Do VIP Club Members have early access?
The top 100,000 Disignir VIP Club Members will be eligible for early access to the site once the final rankings are determined. The goal of the minimum of 100,000 registered users will need to be reached before we begin tolling all the results and ranking our Club Members. Access codes will be distributed on a rolling basis, starting with the highest-ranking members.
How do I claim my reward once I know my final standing?
We will provide instructions on how to claim your membership, early access or stock options in the email in which we describe your final VIP Club Member standing, or shortly thereafter. Keep an eye on your registered VIP Club Member inbox!
Remind me, what are the Disignir VIP Club Member reward levels?
The first 100,000 registered users will receive a free 1-year membership to our site. To move up the ranks and unlock more rewards, users need to refer us to their friends through our special referral link on Disignir.com. Here is how the reward will be distributed based on member ranking:
Top 100,000 – Those who made the 100,000 list will be eligible to receive free 1-year membership at disignir.com and an early access to participate in Manufacturer Launch Sales.
Winner - on top of the free lifetime membership, the ultimate winner will receive 100,000 stock options, an equivalent of four years of work on the Disignir.com team! The winner will be determined based on the highest number of referrals with the minimum number of 50.
What does my Disignir VIP Club Member rank mean?
Disignir VIP Club Member rank is a function of two things, the count of successful referrals to Disignir VIP Club, and the time we reach our first 100,000 users. The more friends one refers, the higher he or she will rank. Remember that this program is dynamic until we reach our 100,000 member goal, so one’s rank and rewards may be changing regularly as other Disignir VIP Club Members sign up their friends.
How can I get in touch with Disignir?
By signing up to join the Disignir VIP Club, you gave us your email address, which we’ll use to keep in touch with you about the program and other Disignir news.
Press inquiries?
Email contact@disignir.com for latest information.
How do I remove my email from the Disignir VIP Club Member list?
If you no longer wish to be a part of the Disignir VIP Club, simply email contact@disignir.com with your request to be removed.
Any more questions? Email us at contact@disignir.com
These updated terms went into effect on March 8, at 12 a.m. Eastern Time.
Welcome to Disignir. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Disignir Inc. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Disignir,” “we,” or “us”), you’re agreeing to these legally binding rules herein (the “Terms of Use”). These Terms of Use govern your use of the Site and Services and your relationship with us in connection with the Services.
By accessing or otherwise using any of the Services, clicking to accept these Terms of Use, or accepting these Terms of Use through any other method we specify, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and other use of the Services is unauthorized.
You can browse Disignir without registering for an account. But to use many of Disignir’s functions, you’ll need to register, choose a username, and set a password. You are required to use your legal name or a publicly known name. You need to be at least 18 years old to sign up for an account. If you provided false, offensive or abusive information, or breach any clause of Terms of Use, we reserve the right to close your account.
You are responsible for all the activities on your account, and for keeping your password confidential. If you find out that someone has used your account without your authorization, you should immediately report it to contact@disignir.com.
We expect everyone who uses Disignir to behave responsibly and legally. Don’t do any of these things on the Site:
Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don’t lie. Don’t post information that is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t steal others’ ideas. If you didn’t create it or have a legal copyright on it, you cannot display or upload things onto the Disignir site and you can’t market or sell it on Disignir.
Don’t offer prohibited items. Don’t offer any designs, product or rewards that are illegal, violate any of Disignir’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Don’t victimize. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive to another person’s privacy.
Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listserve, or any kind of auto-responder or spam on or through the Site.
Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Disignir or another party).
Don’t abuse other users’ personal information. When you use Disignir, especially when partnering with others to license designs, you may receive information about other users, including their names, email addresses, and postal addresses. This information is provided for the purpose of engaging in licensing arrangements and selling Disignir products: don’t use it for other purposes, and don’t abuse it.
Don’t try to interfere with the proper workings of the Services.
Don’t bypass any measures we’ve put in place to secure the Services.
Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Disignir or another party.
Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
Don’t take apart or reverse engineer any aspect of Disignir in an effort to access things like source code, underlying ideas, or algorithms.
Disignir provides a commerce platform for the licensing and selling of creative products. “Designers” post their ideas/designs on the platform and Manufacturers (Suppliers) can license those designs subject to Designers’ approval. Manufacturers can also sell their own products through an ecommerce shop on Disignir, which is explained in the next section. When a Designer posts a product on Disignir, he or she is inviting Manufacturers to bid for and ultimately license that product from them for commercial purposes, unless otherwise agreed to by both parties and in accordance with the Terms herein. Any registered Manufacturer who licenses a Designer’s product through the Disignir platform is accepting that Designer’s terms as well as the ones given with the Terms herein.
Disignir is not a part of this contract between Designers and Manufacturers. Here are the terms that govern that contract:
When a product is successfully licensed, the Designer must provide the Manufacturer with designs, schematics, files, instructions, and specifications as needed for production of the product in an accelerated time frame, as defined in the licensing agreement. The Designer must respond to production related questions by the Manufacturer within an acceptable time frame. If a faster response time is needed to resolve critical issues, the Designer should respond at their earliest opportunity. Once the Designers has done so, they’ve satisfied their obligation to their Manufacturers.
Throughout the process, Designers owe their Manufacturers a high standard of effort, honest communication, and dedication to bringing the product to market. At the same time, Manufacturers must understand that when they license a product, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Designer from solving a production-related issue.
If a Designer is unable to fulfill their obligation, they’ve failed to live up to the basic obligations of this contract. To rectify the situation, they must make every reasonable effort to find another way of helping the Manufacturer bring the product to market in a manner that meets their expectations.
Manufacturers will agree to give Designers a percentage of future gross sales via royalties. Additionally, the Manufacturers have met their obligations to Designers if:
They let Designers know when they plan to start production and do start production, when they plan to sell the product, and for units not sold through Disignir, the quantity of units sold.
They send payment to Designers for units sold off the platform every 30 days.
They let Designers know why there may be delays and their course of action for resolving that delay;
They work diligently and in good faith to bring the best quality product to market in a timeframe that’s communicated to Designers;
They’ve been honest, and have made no material misrepresentations in their communication to Designers; and
They agree to give up their licensing rights if they are unable to bring the product to market in an acceptable timeframe. Email contact@disignir.com if you think you need to initiate this process.
Manufacturers are solely responsible for fulfilling the promises made in their agreement with the Designer. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by Designer.
As a Manufacturer (Supplier), you are required to complete and maintain your profile with accurate, up to date information and represent yourself truthfully. Disignir reserves the right to remove a profile at any given time at its sole discretion.
Disignir isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party in relating to the use of the Services. We don’t oversee the accuracy, quality, or performance of products posted on its Services or punctuality of physical deliveries between designers, manufacturers, or their customers. We may offer shipping tools for users, but we are not responsible for how our users employ these tools, and we make no warrants nor representations as to how users could or should employ the tools. We don’t endorse any products that users submit to the Site, though at our sole discretion we may feature the products and content of users for our own marketing purposes. When you use the Services, you agree to hold Disignir harmless and indemnify Disignir from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Creating an account on Disignir is free. If you submit a design/invention that becomes licensed on our Site, we (and our payment partners) may collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site.
You are responsible for paying any additional fees or taxes associated with the license or sale of your products on Disignir.
Disignir may contain links to other websites. (For instance, product pages, business profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Disignir partners with other companies (such as x and y) for payment processing. When you license or sell a product, you’re also agreeing to the payment processor’s terms of service.
Disignir doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a product for license or sale, or launch a storefront, you agree to these terms:
We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Disignir all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Disignir’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s intellectual property rights.If Disignir or its users exploit or make use of your submission in the ways contemplated in this agreement, you agree to hold Disignir harmless and indemnify Disignir from any claims resulting from any infringement or violation of the rights of any third party, including (without limitation) any trade secret, copyrights, patents, trademarks or any other intellectual property or proprietary rights.
You’re responsible for the items you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
We’re not responsible for mistakes in your content. Disignir will not be liable for any errors or omissions in any content.
Disignir’s Services are legally protected in various ways, including by the laws of copyrights, trademarks, service marks, patents and trade secrets. You agree not to violate copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to edit, change, translate, or otherwise create derivative works of the Services.
Disignir grants you a license to reproduce content from the Services for personal use only. This license covers both Disignir’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need to obtain prior written permission from Disignir or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Disignir fully complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers at our sole discretion.
If you’d like to submit a claim of copyright infringement, please email contact@disignir.com.
You can terminate your account at any time. All provisions of this agreement will survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
We may close your account at any time in our sole discretion. In no case will Disignir's closure of your account, or reduction of your access to the Disignir Sites waive or affect any other right or relief to which Disignir may be entitled.
Disignir reserves the following rights:
We can make changes to the Disignir Site and Services without notice or liability.
We have the right to decide who’s eligible to use Disignir. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Disignir in that jurisdiction.
We have the right to cancel any pledge to any product, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove any product at any time and for any reason.
Disignir is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY OR USEFUL; OR THAT COMMUNICATIONS SENT FROM THE SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY SUCH ACCESS OR DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. DISIGNIR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “APPLICABLE LAW” SECTION OF THESE TERMS OF USE, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DISIGNIR AND ITS SUBSIDIARIES AND AFFILIATES, AND AS TO EACH, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS AND SUPPLIERS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND ARBITRATION COSTS, ARISING OUT OF OR RELATING YOUR ACCESS TO OR OTHER USE OF THE DISIGNIR SITES, ANY CONTENT YOU POST OR SUPPLY TO THE DISIGNIR SITES, YOUR VIOLATION OF LAW OR INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY, OR YOUR OTHER VIOLATION OF THESE TERMS OF USE. DISIGNIR RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND, IN ANY CASE, YOU AGREE TO COOPERATE WITH DISIGNIR IF AND AS REQUESTED BY DISIGNIR IN THE DEFENSE OF SUCH MATTER.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DISIGNIR, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL DISIGNIR’S LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00).
19. Changes to These Terms of Use
Disignir may amend these Terms of Use (including any Service Terms) at any time and at Disignir's sole discretion. Unless you reject the update as described below, you will be deemed to accept the changes and they will take effect at the earlier of:
a. 12:00 p.m. Eastern time on the 10th day after its posting; or
b. your acceptance of them via a click-through process or some other method that we specify.
To reject the proposed update, you must, by the deadline on the day specified above, both (1) send us an email to contact@disignir.com. You must send this email from the email address we have on file for your account. The content of the email you send will have no effect on the Terms of Use and may not be read, and a blank email will suffice to request the verification link. No other rejection method is valid.
If you reject the update as described above, then the last version of the Terms of Use to which you and Disignir agreed will continue to apply without modification, but then:
At any time, Disignir may in its sole discretion close your account, revoking your access to the Disignir Sites or your ability to make purchases on the Disignir Sites. If Disignir does so based on your rejection of the update (and not, for example, based on your violation of these Terms of Use), Disignir will issue you a prorated refund for unused fees as described in the Disignir Terms.
If Disignir has not closed your account, Disignir reserves the right to propose a further update to the Terms of Use. If you wish, you may accept it (such as by letting the deadline for rejection expire) or reject it as described above. If you accept it, then the further update will apply to and between you and Disignir effective the date of your acceptance. Rejection will be handled as described in this section.
If Disignir has not closed your account, Disignir may choose to condition your use of new or changed features or functionality on the Disignir Sites, or your use of a new Disignir Site, on your acceptance of the updated Terms of Use, and your use of those features, functionality or Site will constitute your acceptance of the updated Terms effective as of the date of such use.
In any case, updates to the Terms of Use apply on a going-forward basis as of the date they take effect.
20. Changes to the Disignir Sites
We may make frequent changes to the Disignir Sites, including changes to the quantity and selection of products sold through the Disignir Sites.
21. Disputes/Arbitration
Disignir and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Disignir Sites, any person's access to and/or use of the Disignir Sites, and/or the provision of content, products, services, and/or technology on or through the Disignir Sites, Disignir or you must give the other notice of the dispute, claim, or controversy, and the notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Disignir by email to contact@Disignir.com AND by U.S. Mail to Disignir.com, Inc., Legal Notice, to: 136-80 41st Ave Fl 2 Flushing, NY 11355. To the extent that Disignir has your contact information, it will send any such notice to you by U.S. Mail or your email address. Disignir and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Disignir and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Disignir or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Disignir Sites.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Disignir and you arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Disignir Sites, any person's access to and/or use of the Disignir Sites, and/or the provision of content, products, services, and/or technology on or through the Disignir Sites, if unresolved through informal discussions within thirty (30) days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in the State of New York, and Disignir and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Disignir Sites shall not be subject to arbitration.
The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Disignir shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $1,000, unless the arbitrator finds your claims, defenses or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorney's fees and expert witness costs unless Disignir is otherwise specifically required to pay such fees under applicable law. For claims that total more than $1,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Disignir and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Disignir and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Disignir and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim, defense or other fee- or cost-generating activity was asserted or conducted for an improper purpose or was frivolous. Disignir and you understand that, absent this mandatory arbitration provision, Disignir and you would have the right to sue in court and have a jury trial. Disignir and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
If you or Disignir's claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a claim, dispute or controversy between Disignir and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), Disignir and you agree to waive, to the fullest extent allowed by law, any trial by jury.
This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Disignir, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the Disignir Sites, any person's access to and/or use of the Disignir Sites, and/or the provision of content, products, services, and/or technology on or through the Disignir Sites.
22. Class Action Waiver
Disignir and you agree that Disignir and you will resolve any disputes, claims or controversies on an individual basis, and that any claims arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Disignir Sites, any person's access to and/or use of the Disignir Sites, and/or the provision of content, products, services, and/or technology on or through the Disignir Sites will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Disignir and you further agree that Disignir and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Disignir Sites, any person's access to and/or use of the Disignir Sites, and/or the provision of content, products, services, and/or technology on or through the Disignir Sites.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Disignir, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), and/or the Disignir Sites, and/or any person's access to and/or use of the Disignir Sites, and/or the provision of content, services, and/or technology on or through the Disignir Sites.
22. Miscellaneous
You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Disignir's prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Disignir may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Disignir may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Disignir company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.
Headings are for reference purposes only and do not limit the scope or extent of any section.
Disignir's failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Disignir's right to enforce such provision or any other provision of these Terms of Use.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in effective.
These Terms and the other material referenced in them are the entire agreement between you and Disignir with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Disignir with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Disignir to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Disignir’s prior written consent. Disignir has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Disignir will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
How to Contact Us
If you have any questions or comments, please contact our Client Services team by:
(1) emailing us at contact @disignir.com or
(2) mailing us at Disignir Help at the following address: 136-80 41st Ave Fl 2 Flushing, NY 11355.
Effective since August 25, 2015
Any more questions? Email us at contact@disignir.com
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