This Terms of Service Agreement (the “Agreement”) is an agreement between you and Schneider Designs LLC ("we" or "us"). This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire agreement between us. By accessing any service or accessing www.Von-Schneider.co, our applications, or any of their subdomains (the “Site”), you agree to comply with these terms and the following incorporated terms: (1) our Privacy Policy, (2) our Customer Agreement, and (3) any other legal notices, conditions, or guidelines posted on the Site. This Agreement in no way affects or controls the behavior of third parties, such as others accessing or using the Site or third parties providing services to or through our Site. By using this Site and its services, you warrant that: you are at least 18; you will not use our Site or services to break the law or misrepresent yourself; you will not attempt to override any security component of the Site. TERMS OF SERVICE Our mission is to deliver high quality custom and individual products, each of which may reflect the materials used, with no two pieces being exactly the same. We provide a forum to those using the Site to review our products, services, and opportunities, to request further information, to make purchases based upon estimated product details, to share information with others, and to provide details about our business. These are the services delivered through the Site, and they may change from time to time (the “Services”). INTELLECTUAL PROPERTY Unless otherwise indicated, all material and services available on the Site or provided by or through the Services are owned by us or other parties that license material or provide services to us. All materials and services are protected by copyright, trademark, trade secret, and other intellectual property laws. All of our trademarks, service marks, logos, etc., are property of us. We grant you a limited, revocable, non-transferable, and non-exclusive license to use the Services for your own personal use. Notwithstanding the previous sentence, nothing should be construed as granting any license or right to use or reproduce any trademarks, service marks, logos, etc., without express written permission from us or the third-party that owns the trademark, service mark, logo, etc. COMMUNICATIONS AND CONTENT SUBMITTED TO US By submitting, posting, or communicating any material, including but not limited to comments, concepts, pictures, statements, and questions, you grant an irrevocable, perpetual, worldwide, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any such material. You represent and warrant that you have authority to grant such a license to us. We will not be required to treat any such material as confidential unless otherwise indicated at the time of submission. MONITORING OF SITE We have the right, but not the obligation, to monitor, edit, disclose, or block any material submitted, posted, or communicated on the Site, through the Services, or us, including all information collected in accordance with the Privacy Policy, for any reason, including but not limited to investigating potential violations of: this Agreement, the law of any jurisdiction, or any legally protectable right of any individual. Notwithstanding this right, we cannot and will not be required review or store any material except in a manner required of us by laws which may not be modified by agreement. We are under no obligation to remove content transmitted by third parties from the Services and assume no responsibility or liability whatsoever arising from or related to any such content. DISCLAIMER OF WARRANTY THE SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR LICENSORS WARRANT THAT ACCESS TO THE SERVICES, THE MATERIALS AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE OR OUR LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND YOUR RELIANCE UPON THE SERVICES IS AT YOUR SOLE RISK. FURTHER, WE AND OUR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES OUTSIDE THE UNITED STATES OF AMERICA, YOU DO SO AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER WE NOR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THE SERVICES OR ANY CONTENT SENT THROUGH THE SERVICES OR ANY THIRD-PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND RELATED TO THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SERVICES WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE US AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND OUR AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, THE SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD-PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SERVICES. YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. EXCLUSIVE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SERVICES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you. INDEMNIFICATION You agree to indemnify, hold harmless, and defend us and our licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or the use of anyone using your account) of the Services or materials, or (ii) content or Information provided by you in accordance with the Privacy Policy. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party. DISPUTES This Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Colorado and the United States of America, and, to the extent applicable, without regard to the rules of either on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Denver, Colorado, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree that any and all disputes or claims between you and us, whether arising out of this Agreement, the Services, the Site, or any of the activity, services, or conduct of us or a third party, shall be resolved exclusively through final and binding arbitration rather than a court. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT, WITHOUT THE CONSENT OF YOU AND US, CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. The arbitrability of any dispute, the enforceability of any agreement (including this arbitration agreement), and the scope of any agreement shall be submitted to the arbitrator, and no court shall have jurisdiction to decide such issues. We may select the arbitrator for purposes of any dispute and if you initiate arbitration in a forum or before an arbitrator inconvenient to us, we reserve the right to transfer to another forum and arbitrator by, among other things, filing the same dispute before another arbitral forum. For disputes of less than $5,000, the arbitration proceeding shall be held on a “documents only” basis. You agree that any disputes with other Users do not involve us, except that we may respond to a complaint in our sole and absolute discretion. Such response shall demonstrate our care and compassion, and not indicate liability or responsibility to you or other Users. MISCELLANEOUS If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Agreement, it will not be considered a waiver. Any amendment to or waiver of this Agreement must be made in writing and signed by us. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Except as stated herein, this Agreement does not confer any third-party beneficiary rights. Any conflict between this Agreement and its incorporated terms shall be resolved in favor of this Agreement. You may be directed to third-party sites through your use of the Services, and agree to abide and be bound by all agreements of such third-party sites. You agree that we are third-party beneficiaries of your agreements with those third-party sites. A printed version of this Agreement and of any related 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. We reserve the right to alter this Agreement, suspend or discontinue any product or Service in any way, at any time, without notice, and with no liability to you or to any third party. We will, however, make commercially reasonable efforts to provide notice of any substantial and material changes to this Agreement, including by posting the changes which are effective immediately on this webpage. Any changes are immediately effective, and your continued use of the Services and accessing the Site or the Services constitutes your acceptance of the latest updated version of this Agreement. Users using the Service from California are directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, which may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.