TERMS AND CONDITIONS/END USER LICENSE AGREEMENT

Mortensen Designs LLC (“Mortensen Designs,” “we,” “us” or “our”) owns and operates the https://mortensendesigns.com/ website (“Site”). The following Terms of Use/End User License Agreement (“TOU”) govern your use of the Site. Other sites, apps, social media accounts, or other content owned or controlled by Mortensen Designs may have their own terms of use and/or end user license agreement and should be reviewed.

IMPORTANT- READ CAREFULLY: By accessing or using the Site including, but not limited to, setting up an account on the Site or ordering any merchandise from the Site, you agree to be bound by these TOU. These TOU are an agreement between you and Mortensen Designs and govern your access to and use of the Site together with any services offered on or through the Site. If you do not agree to be bound by these TOU, you are not authorized to use the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations in the United States.

Mortensen Designs may offer other promotions, such as sweepstakes or contests that have their own terms of use or rules. If any portion of these TOU conflicts with the special terms of use or rules for any such Mortensen Designs promotion, the conflicting portion of the special terms or rules will govern for that specific promotion unless stated otherwise.

The Site is intended for adults 18 years of age or older or who are of the age of majority in their jurisdiction of residence. By accessing the Site, you represent that you are 18 years of age or older.

THE PURPOSE OF THE SITE

The intended purpose of the Site is to provide visitors with information about Mortensen Designs’ tailor-made design services for businesses. The Site is also intended to let visitors purchase our products or enroll in our services. 

Any content made available on the Site is provided for informational and transactional purposes only. You agree that you will only use the Site for their intended purposes, and not for other commercial ventures without first seeking approval from Mortensen Designs.

You may not use any content on the Site to establish any independent data files, databases, compendiums, or any other reference materials.

By using the Site, you may need to interact with other visitors or users of the Site. You are solely responsible for any such interaction and agree to do so in a manner that is legal, respectable, and consistent with these TOU. Mortensen Designs is not responsible for the conduct of any other user who may interact with you, regardless of whether or not it is done through the Site.

Any and all content and services on the Site are subject to availability. Any and all use of the Site is done at your own risk. Mortensen Designs will try its best to make content on the Site useful, but Mortensen Designs does not warrant that any content on the Site will be accurate or reliable.

CHANGES TO TOU

Mortensen Designs reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review and ensure you agree with the current version of these TOU. By continuing to use the Site after any changes to these TOU are made, you agree to be bound by such amended TOU. Mortensen Designs will highlight any change to these TOU for 30 days after such change(s) is/are made.

LICENSE

Mortensen Designs hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the intended purposes of the Site. Mortensen Designs reserves the right to terminate this License for any or no reason and at any time without notice to you including, but not limited to, for breach of any term contained in these TOU.

PRICING


The prices for design templates available for purchase on this website are subject to change. It is possible for the price of a good to change between the time you add it to your shopping cart and the time you check out. Occasionally, an item may be mispriced on the website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the website or at checkout, Mortensen Designs may, in its sole discretion, do any one of the following: (1) contact you before delivering the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) deliver the item to you at the incorrect price. No contract will have been formed between you and Mortensen Designs until Mortensen Designs has charged your credit or debit card, or processed another method of payment.

PRODUCT DESCRIPTIONS


Mortensen Designs attempts to make its product descriptions as accurate as possible. However, Mortensen Designs does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current. If you receive an item from Mortensen Designs that is not as it was described on the website, your sole remedy is to return it unused for a refund.

SALES ARE FINAL

All sales are final. There are no exchanges or refunds.

INTELLECTUAL AND OTHER PROPERTY

Except as specifically noted elsewhere, all other content on the Site is the property of Mortensen Designs including, but not limited to, all marks, logos, names, text, data, messages, documents, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or any other electronic content or files (collectively referred hereafter as “Mortensen Designs Content”).

You acknowledge that you have no right, title or interest in or to the Site or any Mortensen Designs Content.

There may be other content on the Site not owned by Mortensen Designs, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Mortensen Designs.

LINKS TO THIRD-PARTY SITE

The Site may contain links to external web sites, apps, social media platforms or other online services not controlled by or affiliated with Mortensen Designs. If you use these links, you will leave the Site. Mortensen Designs provides these links to you only as a convenience. Mortensen Designs is not responsible for the content at such linked third-party locations or services including, without limitation, any links displayed on such web sites, apps or other services. Your access and use of any linked third-party locations or services is at your own risk.

The display of any links is not meant to imply that Mortensen Designs guarantees, approves, recommends or endorses the linked third-party locations or services or any information, content or products available on those linked web sites, apps or other services. The links are not meant to indicate any association with Mortensen Designs. Mortensen Designs is not responsible or liable for any linked third-party locations or services, nor does Mortensen Designs warrant that such third-party locations or services or any information available through such locations or services are current, accurate, or error-free. If you access or use any linked web sites, apps, or other third-party services, you will be subject to the terms of use, privacy policy, and other terms or policies applicable to those third-party locations or services. You should consult the applicable third-party terms and policies to make sure you agree with them before using any third-party service.

Mortensen Designs may also allow interaction between the Site and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on the Site that when used, may allow you to share content from the Site with other persons on or through the third-party services or elsewhere. Please consult the privacy policies of these third-party services before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. Mortensen Designs is in no way liable for any harm to you as a result of using one of these interactive functions.

OTHER PROHIBITED CONDUCT

In connection with your access to and/or use of the Site or any related services, you agree not to:

  • Violate any federal, state, or local laws or regulations.

  • Discuss, incite, or promote illegal activity.

  • Upload or post anything that imposes an unreasonable or disproportionately large strain on Mortensen Designs’ network or computer infrastructure.

  • Upload or post any inappropriate or offensive content or language.

  • Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.

  • Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Site or Mortensen Designs’ computers, servers or networks, or to any computers or systems used by other users of the Site.

  • Use the Site in a manner that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Mortensen Designs or other users of the Site.

  • Make unauthorized attempts to modify any information stored on the Site.

  • Make attempts to defeat or circumvent security features, or to use the Site for any purpose other than their intended purposes.

  • Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.

  • Provide false or misleading information through the Site including, but not limited to, when signing up for an account on any of the Site.

  • Use the Site to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive. Mortensen Designs reserves the right to terminate your access to the Site or any related services for any reason.

By accepting these TOU, you waive and hold Mortensen Designs harmless from any claims resulting from any action taken by Mortensen Designs during or as a result of any investigation and/or from any actions taken as a consequence of investigations by either Mortensen Designs or law enforcement related to your use of the Site.

INDEMNITY

You agree to indemnify, defend and hold Mortensen Designs, its affiliates and their respective officers, directors, employees, agents, licensors, representatives, attorneys, business partners and any party involved in the creation, production or transmission of the Site (“Indemnified Parties”) harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that Mortensen Designs or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any goods or services offered on or through the Site, your breach of these TOU, the use of the Site by any person using your account, or any violation of any applicable law or regulation by you. Your indemnification obligations shall survive the termination of these TOU.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

TO THE EXTENT PERMITTED BY LAW, MORTENSEN DESIGNS AND THE OTHER INDEMNIFIED PARTIES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.

TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT.

THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, THEIR CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SITE WILL FUNCTION CORRECTLY OR THAT CONTENT WILL BE UNINTERRUPTED, TIMELY OR SECURE.

TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT, THAT THE SITE OR THEIR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE EXTENT PERMITTED BY LAW, THE SITE, INCLUDING ANY GOODS, SERVICES, CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE. TO THE EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MORTENSEN DESIGNS OR ANY OF THE OTHER INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER DAMAGES SUCH AS LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF MORTENSEN DESIGNS OR ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, INCLUDING ANY LINKS ON THE SITE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MORTENSEN DESIGNS OR THE INDEMNIFIED PARTIES TO ANY PARTY EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU PAID TO MORTENSEN DESIGNS AND/OR THE INDEMNIFIED PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITE, THESE TOU, AND/OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE APPLICABLE GOOD OR SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIMITATIONS IN THESE TOU WILL APPLY TO THE FULLEST EXTENT ALLOWED UNDER THE LAW.

ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.

ACCOUNT PROTECTION

In order to perform certain actions on the Site, you will need to set up an account with a username and password. You are responsible for maintaining the confidentiality of your password and username, and agree to notify Mortensen Designs if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You may only set up an account in your own name. You agree to immediately notify Mortensen Designs at info@mortensendesigns.com of any unauthorized use of your account or any other breach of security in relation to the Site known to you. If Mortensen Designs suspends or terminates your account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.

You may cancel your account at any time by contacting info@mortensendesigns.com

GEOGRAPHIC LIMITATION

This website is hosted and operated in the United States, and is not intended to target EU and other non-U.S. residents. If you are accessing this site from outside the United States, use and disclosure laws will generally differ considerably from U.S. laws and requirements. By using this site, you agree and consent to use of your information under these TOU and Mortensen Designs’ privacy notice.

COMMENTS AND FEEDBACK FROM CALIFORNIA RESIDENTS

In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact Mortensen Designs with any complaints or to seek additional information. You may email Mortensen Designs at info@mortensendesigns.com.

PRIVACY POLICY

Your use of the Site is also governed by the Privacy Policy located here.

MISCELLANEOUS

Mortensen Designs does not represent that any content on the Site is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.

Mortensen Designs does not guarantee or promise that any opinions or recommendations on the Site are helpful or reliable.

YOU AGREE THAT MORTENSEN DESIGNS IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using or implementing in any manner any of the opinions or recommendations found on the Site.

Mortensen Designs is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Mortensen Designs’ computer or network systems, including any Mortensen Designs hardware or devices, that may or may not result in the disclosure of personally identifiable information you provided to us.

YOU AGREE that any and all disputes relating to these TOU, the Site, your use of the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the Commonwealth of Virginia without regard to any conflict of laws provisions.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of Leesburg, VA, for any litigation arising out of or relating to these TOU, the Site, the use of the Site, and/or any goods referenced or services offered on or through the Site.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in courts in the City of Leesburg.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Virginia court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect to the extent permitted by law.

Unless otherwise noted, these TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Mortensen Designs with respect to the Site.

If you violate any portion of these TOU, Mortensen Designs reserves the right, without an obligation to do so, to deny you access to the Site. If Mortensen Designs terminates your access to the Site, Mortensen Designs may also delete your account. Mortensen Designs reserves the right to terminate any password-restricted account for any reason.

Mortensen Designs’ failure to enforce any portion of these TOU is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after these TOU end shall survive the termination of these TOU.

Mortensen Designs reserves the right, without notice or reason, to take down or terminate the Site, or otherwise revoke any and all access granted to you related to the Site. You agree that Mortensen Designs is not liable to you or any other third party for this action.

Mortensen Designs does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer, device, or related systems may sustain as a result of accessing the Site.

Certain software elements of the Site and any services related to the Site may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

If you need to contact Mortensen Designs for any reason not already specified in these TOU, please use the following contact information:

EMAIL:

info@mortensendesigns.com

MAIL:

Mortensen Designs LLC, Attention: 10307 West Broad St #306, Glen Allen, VA, 23060