Agreement Between User and Darby Designs, LLC.

The darbydesigns.us Web Site is operated by DARBY DESIGNS, LLC.

The darbydesigns.us Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the darbydesigns.us Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

DARBY DESIGNS, LLC. reserves the right to change the terms, conditions, and notices under which the darbydesigns.us Web Site is offered, including but not limited to the charges associated with the use of the darbydesigns.us Web Site.

Links to Third Party Sites

The darbydesigns.us Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of DARBY DESIGNS, LLC. and DARBY DESIGNS, 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. DARBY DESIGNS, LLC. is not responsible for webcasting or any other form of transmission received from any Linked Site. DARBY DESIGNS, LLC. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DARBY DESIGNS, LLC. of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the DARBY DESIGNS, LLC Web Site, you warrant to DARBY DESIGNS, LLC. that you will not use the darbydesigns.us Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the darbydesigns.us Web Site in any manner which could damage, disable, overburden, or impair the darbydesigns.us Web Site or interfere with any other party’s use of the darbydesigns.us Web 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 darbydesigns.us Web Sites.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE darbydesigns.us WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DARBY DESIGNS, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE darbydesigns.us WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE darbydesigns.us WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DARBY DESIGNS, 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 darbydesigns.us WEB 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. DARBY DESIGNS, 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 DARBY DESIGNS, 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 darbydesigns.us WEB SITE, WITH THE DELAY OR INABILITY TO USE THE darbydesigns.us WEB 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 darbydesigns.us WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE darbydesigns.us WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DARBY DESIGNS, 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 darbydesigns.us WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE darbydesigns.us WEB SITE.

SERVICE CONTACT: contact@darbydesigns.us

Termination/Access Restriction

DARBY DESIGNS, LLC. reserves the right, in its sole discretion, to terminate your access to the darbydesigns.us Web Site without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Boulder County, Colorado, U.S.A. in all disputes arising out of or relating to the use of the darbydesigns.us Web Site. Use of the darbydesigns.us Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DARBY DESIGNS, LLC. as a result of this agreement or use of the darbydesigns.us Web Site. DARBY DESIGNS, LLC.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DARBY DESIGNS, LLC.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the darbydesigns.us Web Site or information provided to or gathered by DARBY DESIGNS, 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 DARBY DESIGNS, LLC. with respect to the darbydesigns.us Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DARBY DESIGNS, LLC. with respect to the darbydesigns.us Web 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 drawn up in English.

Copyright and Trademark Notices:

All contents of the darbydesigns.us Web Site are Copyright ©2018 DARBY DESIGNS, LLC. and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.