TERMS OF USE
Last Updated: 03/25/21
Welcome to Drawwing Cabinet. Drawwing Cabinet enables you to access information about our services. Prior to using the website, we require that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms of Use”)
Your Acceptance of Drawwing Cabinet’s Terms of Use
These Terms of Use will govern your use of the Drawwing Cabinet website (th “Website”) and all other services provided by Drawwing Cabinet (collectively, the “Services”).
These Terms of Use set forth the terms and conditions of use of the Services in addition to those set forth in Apple’s standard EULA as part of the App Store’s Terms of Service. These Terms of Use may be modified by Drawwing Cabinet in it sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by Drawwing Cabinet on the website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.
YOU UNDERSTAND THAT BY USING THE WEBSITE AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES.
Your Use of the Website
You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Drawwing Cabinet server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Drawwing Cabinet, including any Drawwing Cabinet account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Drawwing Cabinet’s systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguis the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Website for any purpose that is unlawful or prohibited by thes Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Drawwing Cabinet or any third parties.
Changes to the Website
Drawwing Cabinet reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Drawwing Cabinet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Drawwing Cabinet’s express prior written consent.
User-Generated Content
User-Generated Content includes anything you upload to, store on, or transmit through the Website, such as data, documents, photos, and video. Drawwing Cabinet does not claim ownership of User-Generated Content. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. Drawwing Cabinet does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk.
Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. Drawwing Cabinet disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify Drawwing Cabinet for any and all harm resultant from such activity.
Affiliated Sites
Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with Drawwing Cabinet’s website. Because Drawwing Cabinet has no control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Drawwing Cabinet assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Drawwing Cabinet makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.
Payment Processing
Payments are managed on the Website through the use of a third-party payment-processing provider. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, Drawwing Cabinet disclaims itself from any and all liability that may ensue from your use of the payment processing services.
Online Meeting Platform
Some consultations are provided through the use of a third-party online meeting platform. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, Drawwing Cabinet disclaims itself from any and all liability that may ensue from your use of the online meeting platform.
Disclaimers
DRAWWING CABINET DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, APPLICATION, SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE
IS SUBJECT TO CHANGE WITHOUT NOTICE. DRAWWING CABINET CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
DRAWWING CABINET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRAWWING CABINET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY DRAWWING CABINET SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DRAWWING CABINET FOR DISSATISFACTION WITH THE SERVICES OR THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SERVICES OR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Indemnity
You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of Drawwing Cabinet’s Website or Services and/or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.
Choice of Law
These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California, without giving effect to conflicts of law principles.
Forum of Dispute
Any dispute arising from or relating to these Terms of Use, the Website, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California. If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.
Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.
Severability
In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.
If two or more Terms of Use provisions are deemed to conflict with each other's operation, Drawwing Cabinet shall have the sole right to elect which provision remains in force.
Contacting Drawwing Cabinet
If you have any questions about these Terms of Use, or about Drawwing Cabinet’s Website or Services, please contact us at:
Drawwing Cabinet
3153 El Caminito
La Crescenta, CA 91214
Tel: 818-305-4456
E-mail: drawwingcabinet@gmail.com