Disclaimer

CUSTOM DESIGN SOFTWARE AND AFFILIATES WEB SITE TERMS OF USE

These Terms of Use set forth the terms and conditions that govern your use of this web site www.customdesignsoftware.net (the “Site”) and is an agreement between CUSTOM DESIGN SOFTWARE Inc. AND AFFILIATES (“CUSTOM DESIGN SOFTWARE AND AFFILIATES”, ”we”, ”us”, or “our”) and you or the entity you represent (“you” and “your”). The Site is the property of CUSTOM DESIGN SOFTWARE Inc. AND AFFILIATES and its licensors. You should carefully review these Terms of Use before using the Site. Your use of the Site will signify your assent to be bound by these Terms of Use. If you do not agree to be legally bound by these Terms of Use, you should exit this Site immediately.

We reserve the right to amend these Terms of Use at any time and will notify you of any such changes to these Terms of Use by posting the revised Terms of Use on the Site. Unless otherwise specified, such changes shall be effective upon posting. You have the obligation to review changes periodically in these Terms of Use. Your continued use of the Site constitutes your agreement to be bound by any such changes to these Terms of Use.

Your Access to the Web Site

Certain features or services offered on or through the Site may require access to an account, user ID, and a password. Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution. You are responsible for maintaining the confidentiality of your account. You agree to immediately notify CUSTOM DESIGN SOFTWARE AND AFFILIATES of any unauthorized use of your account. You agree to hold CUSTOM DESIGN SOFTWARE AND AFFILIATES harmless for your failure to keep your account information secure and confidential.

Information You Provide

You are responsible for the accuracy, timeliness, and completeness of all information provided to us in connection with your use of the Site. We are not responsible for any claims relating to any inaccurate, untimely or incomplete information you provide to us. Any submissions to public areas of the Site will not be confidential and we will not be responsible for the action of other users of the Site with respect to any information or materials you post in public areas. Your privacy is of great importance to us.

Permitted Use

You may make a single copy of pages from the Site on your hard drive or in print for your own personal, non-commercial use. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials will retain all copyrights, trademarks, and other proprietary notices in the same form and manner as on the original.

Monitoring of the Site

We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect CUSTOM DESIGN SOFTWARE AND AFFILIATES and/or other users of the Site.

Copyright Notice

All copyrighted and copyrightable materials on this Site, including, without limitation, the CUSTOM DESIGN SOFTWARE AND AFFILIATES logo, design, text, graphics, pictures, user interfaces, computer code, sound files and other files (the “Materials”) and the selection and arrangement thereof are copyright © 2007 CUSTOM DESIGN SOFTWARE AND AFFILIATES and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CUSTOM DESIGN SOFTWARE AND AFFILIATES or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not without the permission of CUSTOM DESIGN SOFTWARE AND AFFILIATES or the respective copyright owner, alter the Materials nor display the Materials without the copyright notice.

Notice of Trademark Rights, Copyright and Rights in Proprietary Materials

The service mark and logo are service marks of CUSTOM DESIGN SOFTWARE AND AFFILIATES and any third party trademarks, service marks, logos and trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of CUSTOM DESIGN SOFTWARE AND AFFILIATES and the respective third parties in those marks and, further, that you have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way except as expressly granted by these Terms of Use. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images music and sound (collectively referred to herein as the “Proprietary Material”) and such material is owned by CUSTOM DESIGN SOFTWARE AND AFFILIATES, or licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of CUSTOM DESIGN SOFTWARE AND AFFILIATES and/or the relevant right holder.

Notification of Claimed Copyright Infringement

In the event that you believe, in good faith, that any materials on the Site infringes your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the “Digital Millennium Copyright Act”) to CUSTOM DESIGN SOFTWARE AND AFFILIATES’ designated agent.

Indemnification

By agreeing to these Terms of Use, you agree to indemnify, defend and hold harmless CUSTOM DESIGN SOFTWARE, its directors, officers, employees, agents, licensors, business partners, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively “CUSTOM DESIGN SOFTWARE AND AFFILIATES”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by CUSTOM DESIGN SOFTWARE AND AFFILIATES and Affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. CUSTOM DESIGN SOFTWARE AND AFFILIATES and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CUSTOM DESIGN SOFTWARE AND AFFILIATES. You further agree to hold harmless CUSTOM DESIGN SOFTWARE AND AFFILIATES and Affiliates from any claim arising from a third party’s use of information or materials of any kind that you post in a Public Area.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT THE USE OF THE SITE IS AT USER’S SOLE RISK. NEITHER CUSTOM DESIGN SOFTWARE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, TIMELINESS, SEQUENCE, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE. THE SITE IS ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE INFORMATION.CUSTOM DESIGN SOFTWARE AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. CUSTOM DESIGN SOFTWARE AND AFFILIATES IS TAKING REASONABLE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS DISCLOSED ONLY TO THOSE SPECIFIED BY YOU. HOWEVER, CUSTOM DESIGN SOFTWARE AND AFFILIATES CANNOT AND DOES NOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD CUSTOM DESIGN SOFTWARE AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THE SITE. CUSTOM DESIGN SOFTWARE AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. YOUR SOLE REMEDY AGAINST CUSTOM DESIGN SOFTWARE AND AFFILIATES FOR DISSATISFACTION WITH THE SITE OR ANY MATERIALS IS TO STOP USING THE SITE OR ANY SUCH MATERIALS. THIS LIMITATION IS PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

IN NO EVENT WILL CUSTOM DESIGN SOFTWARE AND ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH CUSTOM DESIGN SOFTWARE AND AFFILIATES IS TO STOP USING THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT CUSTOM DESIGN SOFTWARE AND AFFILIATES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO USD FIVE HUNDRED ONLY ($500).

Links To Third Party Sites

This Web Site may contain links to web sites controlled, owned, and operated by third parties. You acknowledge and agree that CUSTOM DESIGN SOFTWARE AND AFFILIATES cannot control and has no responsibility for the accuracy or availability of information provided by linked sites and has no responsibility for your transactions based on or related to the advertisements and links. You further acknowledge that use of any websites controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by these Terms of Use. Links to external websites (including external websites which are framed by CUSTOM DESIGN SOFTWARE AND AFFILIATES) or inclusions of advertisements do not constitute an endorsement by CUSTOM DESIGN SOFTWARE AND AFFILIATES of such sites or the content, products, advertising or other materials presented on such sites, but are for your convenience and you access them at your own risk.

CUSTOM DESIGN SOFTWARE AND AFFILIATES Linking Policy

You may only link to the Site if you abide by our Linking Policy. CUSTOM DESIGN SOFTWARE AND AFFILIATES welcomes links made from other sites to the Site, provided that you comply with the following requirements:

  1. You may not frame or alter the appearance of the CUSTOM DESIGN SOFTWARE AND AFFILIATES Site.

  2. You may not state or imply that CUSTOM DESIGN SOFTWARE AND AFFILIATES endorses, sponsors or otherwise approves your site or any other sites.

  3. You may not use any CUSTOM DESIGN SOFTWARE AND AFFILIATES trademarks or logos without the prior written consent of CUSTOM DESIGN SOFTWARE AND AFFILIATES.

In view of the dynamic nature of the Internet, and the possibility of updates and changes, you may only link the CUSTOM DESIGN SOFTWARE AND AFFILIATES Site at the home page. You must abide by all of the other CUSTOM DESIGN SOFTWARE AND AFFILIATES

Terms of Use. For example, you may not reproduce or host CUSTOM DESIGN SOFTWARE AND AFFILIATES content on your site. Violation of Terms of Use CUSTOM DESIGN SOFTWARE AND AFFILIATES may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against a party alleged to be causing interference or otherwise violating CUSTOM DESIGN SOFTWARE AND AFFILIATES’ or its users rights. CUSTOM DESIGN SOFTWARE AND AFFILIATES may disclose your information when CUSTOM DESIGN SOFTWARE AND AFFILIATES determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that CUSTOM DESIGN SOFTWARE AND AFFILIATES may preserve any transmittal or communication by you with CUSTOM DESIGN SOFTWARE AND AFFILIATES through the Site and may also disclose such data if required to do so by law or CUSTOM DESIGN SOFTWARE AND AFFILIATES determines that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of CUSTOM DESIGN SOFTWARE AND AFFILIATES, its employees, users of the Site and the public.

Termination

You acknowledge and agree that CUSTOM DESIGN SOFTWARE AND AFFILIATES may suspend or terminate your access or use of the Site without prior notice if you engage in conduct that CUSTOM DESIGN SOFTWARE AND AFFILIATES, in its sole discretion, believes violates any term or provision of these Terms of Use, otherwise violates the rights of CUSTOM DESIGN SOFTWARE AND AFFILIATES or third parties, or is otherwise inappropriate for continued access and use of the Site. You further acknowledge and agree that CUSTOM DESIGN SOFTWARE AND AFFILIATES may suspend or terminate your access and use of the Site at any time, with or without cause, in CUSTOM DESIGN SOFTWARE AND AFFILIATES’ absolute discretion and without notice.. In the event CUSTOM DESIGN SOFTWARE AND AFFILIATES does take legal action against you as a result of your violation of these Terms of Use, CUSTOM DESIGN SOFTWARE AND AFFILIATES will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted CUSTOM DESIGN SOFTWARE AND AFFILIATES. The relevant version of these Terms of Use shall continue to apply to all prior use of the Site. The following paragraphs of these Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, the General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

General Provisions

Failure by CUSTOM DESIGN SOFTWARE AND AFFILIATES to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right. These Terms of Use and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use, or your use of the Site, other than action for specific performance or injunctive relief brought by CUSTOM DESIGN SOFTWARE AND AFFILIATES, shall be exclusively brought in the federal, state, or local courts located in Michigan, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms of Use constitute the entire agreement between you and CUSTOM DESIGN SOFTWARE AND AFFILIATES with respect to the Site and supersede all prior agreements or understandings, whether written or oral, between you and CUSTOM DESIGN SOFTWARE AND AFFILIATES with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of CUSTOM DESIGN SOFTWARE AND AFFILIATES, its successors and assigns.

CUSTOM DESIGN SOFTWARE AND AFFILIATES ONLINE CODE OF CONDUCT

You agree not to use the Site, or any links to or access to any other websites from the Site, to:

  1. Resell or transfer any of our services or use or access to the our services; or

  2. Restrict or inhibit any other user from using and enjoying the Site or interfere or invade the privacy of other users of the Site or any third parties; or

  3. Impersonate, or otherwise misrepresent your affiliation with any other person or entity; or

  4. Modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including content) appearing on the Site; or

  5. Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or

  6. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; or

  7. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by CUSTOM DESIGN SOFTWARE AND AFFILIATES) or engage in spamming, flooding, or probing to test the vulnerability of the Site or any network connected to the Site, or any other activity designed to circumvent the navigational structure or presentation of the Site or any Materials; or

  8. Stalk or harass another user; or

  9. Collect or store data about another user or users; or

  10. Attempt to use any other user’s User Id or Password or forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Site or gain unauthorized access to any portion or feature of the Site; or

  11. Violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to us by our users; or

  12. Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.

COPYRIGHT NOTIFICATION INFORMATION

CUSTOM DESIGN SOFTWARE AND AFFILIATES is committed to respecting others’ intellectual property rights, and we ask our users to do the same. CUSTOM DESIGN SOFTWARE AND AFFILIATES may, in its sole discretion, terminate the accounts or access rights of users who violate others’ intellectual property rights.

  1. If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please deliver the following information to CUSTOM DESIGN SOFTWARE AND AFFILIATES’ Copyright Agent:

  2. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

  3. A description of the copyrighted work that you claim has been infringed;

  4. A description of where the material that you claim is infringing is located on our web site;

  5. Your address, telephone number and email address;

  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

  7. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact Information

Custom Design Software
30777 Northwestern Hwy, Suite#102
Farmington Hills, MI 48334