Terms and Conditions

Welcome to the Don’t Speak 4 Me Designs (DS4M) website. By accessing or using this website, you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern DS4M’s relationship with you. If you disagree with any part of these terms and conditions, please do not use our website.

Privacy Policy

Your privacy is important to us. Our privacy policy explains how we collect, use, and protect your personal information. By using our website, you consent to the collection and use of information as described in the privacy policy.

Electronic Communications

By signing up to be a member and/or placing an order, you automatically enroll to receive SMS and email communications from DS4M. You can opt out of these communications at any time by following the instructions provided in the communication or contacting us directly.

Your Account with DS4M

If you create an account on the DS4M website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. DS4M reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Children Under Thirteen

DS4M does not knowingly collect personal information from children under the age of thirteen. If you are under thirteen, you may not use this website or provide personal information to DS4M.

Links to Third Party Sites/Third Party Services

The DS4M website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of DS4M, and DS4M is not responsible for the contents of any Linked Site. DS4M is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DS4M of the site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

As a condition of your use of the DS4M website, you warrant to DS4M that you will not use the website for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the website in any manner that could damage, disable, overburden, or impair the DS4M website or interfere with any other party’s use and enjoyment of the website.

All content included on this site, such as text, graphics, logos, images, and software, is the property of DS4M or its content suppliers and is protected by intellectual property laws. You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the DS4M website without prior written consent from DS4M.

Use of Communication Services

The DS4M website 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.

• 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.

DS4M has no obligation to monitor the Communication Services. However, DS4M reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DS4M reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Liability Disclaimer

The information, software, products, and services included in or available through the DS4M website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. DS4M and/or its suppliers may make improvements and/or changes in the DS4M website at any time.

To the maximum extent permitted by applicable law, in no event shall DS4M 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 DS4M website, with the delay or inability to use the DS4M website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the DS4M website, or otherwise arising out of the use of the DS4M website, whether based on contract, tort, negligence, strict liability or otherwise, even if DS4M or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the DS4M website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the DS4M website.

Arbitration

By agreeing to these terms and conditions, you agree that any dispute or claim relating in any way to your use of the DS4M website or services, or to any products or services sold or distributed by DS4M or through DS4M, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• The Federal Arbitration Act and federal arbitration law apply to these terms and conditions.

• Arbitration shall be conducted by a single arbitrator in Montana, under the rules of the American Arbitration Association.

• The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

• You agree to resolve any dispute with DS4M on an individual basis and shall not bring or participate in any class, collective, or other representative action against DS4M.

Class Action Waiver

You agree that any arbitration shall be conducted only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding. By entering into this agreement, you are waiving the right to participate in a class action or similar representative proceeding.

Change of Terms

DS4M reserves the right, in its sole discretion, to change the terms under which the DS4M website is offered. The most current version of the terms will supersede all previous versions. DS4M encourages you to periodically review the terms to stay informed of our updates. Your continued use of the DS4M website following the posting of changes to these terms will mean you accept those changes.

E-Commerce

DS4M provides products and services for sale on this website. By placing an order, you agree to purchase the products and/or services specified in your order. DS4M reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.