TERMS & CONDITIONS
Last updated 1/2023
Agreement between User and Site
Welcome to www.dakotadesigncompany.com. The www.dakotadesigncompany.com website (the "Site") is comprised of various web pages operated by Dakota Design Company, LLC. www.dakotadesigncompany.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.dakotadesigncompany.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.dakotadesigncompany.com is a website providing virtual professional operations consulting and creative solutions for small businesses.
Privacy
Your use of www.dakotadesigncompany.com is subject to Dakota Design Company, LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.dakotadesigncompany.com or sending emails to Dakota Design Company, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Eighteen
Dakota Design Company, LLC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under eighteen, you may use www.dakotadesigncompany.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Due to the nature of the services provided, cancellations and refunds will not be given unless otherwise specified in writing. Dakota Design Company LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date. For cancellation of a monthly package, please provide thirty days notice.
Links to Third Party Sites/Third Party Services
www.dakotadesigncompany.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dakota Design Company, LLC and Dakota Design Company, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dakota Design Company, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dakota Design Company, LLC of the site or any association with its operators.
Certain services made available via www.dakotadesigncompany.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dakotadesigncompany.com domain, you hereby acknowledge and consent that Dakota Design Company, LLC may share such information and data with any third party with whom Dakota Design Company, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.dakotadesigncompany.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.dakotadesigncompany.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Dakota Design Company, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dakota Design Company, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dakota Design Company, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dakota Design Company, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dakota Design Company, LLC or our licensors except as expressly authorized by these Terms.
Copyright
The entire www.dakotadesigncompany.com website is copyrighted ©2018-2023 by Dakota Design Company, LLC. All rights reserved. The www.dakotadesigncompany.com site may not be copied or duplicated in whole or part by any means without express prior written agreement or unless specifically noted on the site. Some images and documents contained on the site may be the copyrighted property of others; acknowledgement of those copyrights is hereby given. All such material is used with permission of the owner.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Dakota Design Company, LLC has no obligation to monitor the Communication Services. However, Dakota Design Company, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dakota Design Company, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Dakota Design Company, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dakota Design Company, LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dakota Design Company, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dakota Design Company, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dakota Design Company, LLC spokespersons, and their views do not necessarily reflect those of Dakota Design Company, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.dakotadesigncompany.com or Posted on Any Dakota Design Company, LLC Web Page
Dakota Design Company, LLC does not claim ownership of the materials you provide to www.dakotadesigncompany.com (including feedback and suggestions) or post, upload, input or submit to any Dakota Design Company, LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dakota Design Company, LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Dakota Design Company, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dakota Design Company, LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Dakota Design Company, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dakota Design Company, LLC Content accessed through www.dakotadesigncompany.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Dakota Design Company, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dakota Design Company, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dakota Design Company, LLC in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the state of Illinois. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DAKOTA DESIGN COMPANY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAKOTA DESIGN COMPANY, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DAKOTA DESIGN COMPANY, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAKOTA DESIGN COMPANY, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DAKOTA DESIGN COMPANY, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Dakota Design Company, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dakota Design Company, LLC as a result of this agreement or use of the Site. Dakota Design Company, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dakota Design Company, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dakota Design Company, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dakota Design Company, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dakota Design Company, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Dakota Design Company, LLC reserves the right, in its sole discretion, to change the Terms under which www.dakotadesigncompany.com is offered. The most current version of the Terms will supersede all previous versions. Dakota Design Company, LLC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Dakota Design Company, LLC welcomes your questions or comments regarding the Terms:
Dakota Design Company, LLC
Email Address: hello [at] dakotadesigncompany [dot] com
Effective as of July 22, 2018
TERMS & CONDITIONS OF USE
Last updated 1/2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DAKOTA DESIGN COMPANY, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products through www.dakotadesigncompany.om (the "Site") pages and accounts on Facebook®, Instagram®, Google Plus®, Pinterest®, and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product(s) that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Purchase Policies
You agree that your order is an offer to buy, under these Terms, all products listed in your order. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered and you will receive access details in the Order Confirmation email. By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.
Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for the product you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards, debit cards, or Paypal, where available, for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Returns and Refunds
ALL PURCHASES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE DOCUMENTS AND LANGUAGE IN THE DOCUMENT(S)
No Warranties
Dakota Design Company, LLC’s product(s) are provided “as is”. The Company offers no warranty, explicit or implied, regarding any templates, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability for a particular purpose. Obtaining materials available through this site is done at your own discretion and at your own risk. Dakota Design Company, LLC makes no warranty that the sites, products, or materials will be accurate and reliable in all instances.
Limitation of Liability
In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in the Arbitration Section is available to you if you believe that we have not performed our obligations under these Terms.
Intellectual Property Use and Ownership
You acknowledge and agree that:
Each product marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
Products, Workshops, Templates, and other resources available for sale or download on the site contain proprietary information and materials that are owned by Dakota Design Company. Duplicating, sharing, or creating derivative works of our products is considered stealing and is an infringement of our intellectual property rights.
You will comply with all terms and conditions of the specific license agreement for any product you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing creation of derivative works and transfer of those licensed products. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product license agreements.
Dakota Design Company, LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.
If you violate this license by giving or selling a copy of our template(s), workshops, or products to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our template(s) permanently, and/or sue for any and all damages.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Governing Law
By purchasing any product, the Parties have entered into this Agreement in the State of Illinois and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement, shall be determined in accordance with the laws of the State of Illinois, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to, or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Illinois, and that venue of any action will be located in the District Court of Cook County, Illinois.
Binding Effect
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
Indemnification
To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
Binding Arbitration
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF ILLINOIS, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
Entire Agreement
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of Dakota Design Company, LLC’s intellectual property rights and confidential and proprietary information by you, Dakota Design Company, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Dakota Design Company, LLC may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Cook County, Illinois, United States of America for purposes of any such action by Dakota Design Company, LLC.
Compliance with Law
The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
No Waiver
If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Force Majeure
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricanes, natural disasters, flooding, storms, pandemics, or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.