Terms and Conditions

Agreement Between User and ai-Design, LLC
ai-Design LLC's e-Scheduler, e-Scheduler Events Viewer, Websites, and other products, software, and services (referred to herein as "SERVICES") are offered to you (referred to herein as the "USER") conditioned on your acceptance without modification of these Terms of Use (referred to herein as "TERMS"). User's use of any of the Services constitutes User's agreement to these Terms. ai-Design, LLC its employees, owners, agents, and/or representatives (referred to herein as "WE", "US", and "OUR") may modify these Terms at any time without notice to you by posting revised Terms on our Websites. User's use of our Websites and/or Services constitutes User's binding acceptance of these Terms, including any modifications that we may make.

Some of the Services may be subject to additional posted conditions. User's use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving User any prior notice:

1. Restrict, suspend, and/or terminate User's access to all or any part of our Websites and/or Services;

2. Change, modify, enhance, suspend, or discontinue all or any part of our Websites and/or Services;

3. Refuse, move, modify, or remove any material that User submits to our Services and/or Websites for any reason;

4. Refuse, move, modify, or remove any content that is available on our Services and/or Websites;

5. Deactivate, modify, or delete User's accounts and all related information and files in User's account at anytime and without prior notice;

6. Establish general practices and limits concerning use of our Websites and/or Services.

User agrees that we will not be liable to you or any third party for taking any of these actions.

User understands and agrees that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Indemnification
User hereby agrees to indemnify, defend and hold ai-Design, LLC and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "AID Party") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any AID Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our Websites and/or Services;

2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

3. The content, the quality, or the performance of content that you submit to our Websites and/or Services;

4. Your connection to our Websites and/or Services;

5. Your violation of these Terms; or

6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us, and User agrees to cooperate with our defense of these claims.

DISCLAIMER OF WARRANTIES
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results and/or Services from our Websites and/or Services. We disclaim any responsibility for, and if User subscribes to one or more of our fee-based Services User will not be entitled to a refund as a result of, any Service outages that are caused by our maintenance on the servers and/or the technology and/or the software that underlies our Websites and/or Services, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, legal action, or any other cause beyond our reasonable control.

USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK AND DISCRETION. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR SERVICES CONTENT. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA OR INABILITY OF USE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY
AI-DESIGN, LLC, ITS EMPLOYEES, OWNERS, AGENTS, PARTNERS, AND/OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AI-DESIGN, LLC, ITS EMPLOYEES, OWNERS, AGENTS, PARTNERS, AND/OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

CONTENT ON OUR WEBSITES
Our Websites include a combination of content that we create, that our partners create, that our clients create, and that our users create. All materials published on our Websites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, bytecode, sql, javascript, and Flash animation, are protected by our copyrights or trademarks or those of our partners. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Websites in whole or in part. Contact ai-Design, LLC if you would like to request permission to use any of the content on our sites.

User is solely responsible for all materials, whether publicly posted or privately transmitted, that User uploads, posts, e-mails, transmits, or otherwise makes available on our Websites ("Your Content"). User certifies that User owns all intellectual property rights in Your Content. User hereby grants us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, modify, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on our Websites and/or Services, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database and/or databases accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.

Our Websites contain content that we create as well as content provided by third parties. This content includes, among other things, software evaluations, product reviews, white papers, and stock quotes. It also includes information about products and services offered by parties other than ai-Design, LLC, such as but not limited to product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on our Websites, and User may not rely on any of this content. Without limitation, we are not responsible for postings by users.

You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Personal and Noncommercial Use Limitation
Services are for your personal and noncommercial use. You may not copy, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or Services obtained from ai-Design, LLC without prior written consent.

No Unlawful or Prohibited Use
As a condition of your use of our Websites and/or Services, User warrants to ai-Design, LLC that User will not use these Services for any purpose that is unlawful or prohibited by these Terms of Use. Any unlawful or prohibited use by User may result in non-refundable cancellation of any Services and/or legal action.

Use of e-Scheduler, e-Scheduler Event Viewer, Bulletin Boards, Chat Rooms, and Other Communications Forums
If this Website contains e-Schedulers, e-Scheduler Event Viewers, bulletin boards, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, "Forums"), User agrees to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using Services and/or Forums, User will not:

1. Infringe on any copyright, trademark, trade secret, patent, or any other intellectual property;

2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

3. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

4. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Websites and/or Services, any software or hardware, or telecommunications equipment;

5. Delete any author attributions, legal notices or proprietary designations or labels in any file or document that is uploaded or distributed by any User;

6. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

7. Transmit surveys, contests, pyramid schemes, SPAM (unsolicited and/or undesired bulk electronic messages), unsolicited advertising or promotional materials, or chain letters;

8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

9. Restrict or inhibit any other User from using and enjoying any public area within our Websites and/or Services;

10. Collect or store personal information about other end Users;

11. Interfere with or disrupt our Websites, Services, servers, or networks;

12. Impersonate any person or entity, including, but not limited to, an ai-Design, LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

13. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Websites and/or Services or to manipulate your presence on our Websites and/or Services;

14. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure and/or Services;

15. Engage in any illegal activities;

16. Download any file that you know or reasonably should know cannot be legally obtained in such manner. User acknowledges that all Forums and Services are public and not private communications. Further, User acknowledges that chats, postings, conferences and other communications by other Users are not endorsed by ai-Design, LLC, its employees, agents, and/or representatives, and such communications shall not be considered reviewed, screened or approved by ai-Design, LLC, its employees, owners, agents, and/or representatives. ai-Design, LLC, its employees, owners, agents, and/or representatives reserve the right for any reason to remove without notice any contents of the Forums or Services received from User, including without limitation e-Scheduler, e-Scheduler Events Viewer, bulletin board, and/or Forum postings. ai-Design, LLC reserves the right to deny in its sole discretion any User access to Services, Forums, and/or Websites without notice.

User's Conduct on our Websites, Forums, and/or Services
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly notify us and update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password without expressed permission. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session; for best security, you agree to quit or exit the Web browser, shut down the computer, and/or use other effective means to restrict unauthorized access to your accounts and/or passwords. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements; including, without limitation, loss or damage due to problems with the computer that User is using, lack of User's knowledge, lack of computer maintenance, or lack of security.

The technology and the software underlying our Websites and Services are the property of ai-Design, LLC, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, decompile, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Websites and/or the Services. You agree not to modify the software underlying our Websites and/or Services in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Websites and/or Services.

If User chooses a username, login name, or ID (collectively, "Username") that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to User, to automatically change User's Username, delete User's posts from our Websites and/or Services, deny User access to our Websites and/or Services, or any combination of these options.

Unauthorized access to our Websites and/or Services is a breach of these Terms and a violation of the law. User agrees not to access our Websites and/or Services by any means other than through the interface that is provided by ai-Design, LLC for use in accessing our Websites and/or Services. User agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Websites and/or Services, except those automated means that we have approved in advance and in writing.

Use of our Websites and/or Services is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Websites and/or Services.

Requests to remove certain content from out Websites
If User believes that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice, and then contact us.

Software Available on our Websites
Software (if any) that is made available to download or use from ai-Design, LLC ("Software") is the copyrighted work of ai-Design, LLC, its partners, and/or its suppliers and may contain patents, trade secrets and/or confidential information; therefore User may not reverse engineer nor decompile any Software without prior written permission from the copyright holder and/or owner. User's use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, ai-Design, LLC hereby grants to you, the User, a personal, nontransferable license to use the Software for viewing and otherwise using the Services, Forums, and/or Websites in accordance with these terms and conditions, and for no other purpose. Please note that all Software, including without limitation all HTML code, Java bytecode, JavaScript, SQL, C, C++, Perl, Flash files, PDF documents, and Active X controls contained in the Services, Forums, and/or Websites, is owned by ai-Design, LLC, its partners, and/or its suppliers and is protected by copyright laws and international treaty provisions. All rights reserved. Any reproduction, redistribution, decompiling, and/or reverse engineering of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

User acknowledges that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. User agrees not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

User acknowledges and agrees that the Software, and any accompanying documentation and/or technical information, is subject to change without notice.

Links to Third Party Websites
Services, Forums, and/or Websites may contain hyperlinks to Websites owned and/or operated by parties other than ai-Design, LLC. Such hyperlinks are provided for User's reference only. ai-Design, LLC does not control such Websites and is not responsible for their contents. ai-Design, LLC's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Websites or any association with their operators. In addition, User and other Users may create hyperlinks that are not owned or operated by ai-Design, LLC and therefore ai-Design, LLC is not responsible for their contents.

Service Contact
Submit questions, problems, or comments at <www.ai-Design.com/contact/index.html>.

ai-Design, LLC, AID, a-i-d, e-Scheduler, e-Scheduler Events Viewer, and other names of ai-Design, LLC's products and/or Services referenced herein are trademarks or registered trademarks of ai-Design, LLC. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

Modification of These Terms and Conditions
ai-Design, LLC reserves the right to change the terms, conditions, and notices under which the Services, Forums, and/or Websites operate at any time and without notice.

Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or our Services and/or Websites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Oregon, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either User or we may seek any interim or preliminary relief from a court of competent jurisdiction in Portland, Oregon, USA, necessary to protect the rights or the property of User or ai-Design, LLC (or its employees, owners, agents, partners, representatives, suppliers, and/or subcontractors), pending the completion of arbitration.

Miscellaneous
We may be required by State or Federal law to notify User of certain events. User hereby acknowledges and consent that such notices will be effective upon our posting them, at our discretion, on our Websites or delivering them to User through e-mail or postal mail. User may update User's e-mail address by contacting ai-Design, LLC. If User does not provide us with accurate information, we cannot be held liable if we fail to notify User.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Websites, Forums, Services, or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.

General
This agreement is governed by the laws of the State of Oregon, USA. User hereby consents to the exclusive jurisdiction and venue of courts in Portland, Oregon, USA in all disputes arising out of or relating to the use of the Services, Forums, and/or Websites. Use of the Services, Forums, and/or Websites are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User agrees that no joint venture, partnership, employment or agency relationship exists between User and ai-Design, LLC as a result of this agreement or use of the Services, Forums, and/or Websites.

ai-Design, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ai-Design, LLC's right to comply with law enforcement requests or requirements relating to User's use of the Services, Forums, and/or Websites or information provided to or gathered by ai-Design, LLC with respect to such use. At it's own discretion, ai-Design, LLC may authorize its employees, owners, agents, law enforcement, and/or representatives to review and/or examine any and all materials contained on ai-Design, LLC's Websites, Services, and/or Forums. Statistical usage and any content of ai-Design, LLC's Websites, Services, and/or Forums may also be obtained at anytime and without notice of any kind.

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.

This agreement constitutes the entire agreement between the User and ai-Design, LLC with respect to the Services, Forums, and/or Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and ai-Design, LLC with respect to the Services, Forums, and/or Websites. 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.

Fictitious names of companies, products, people, characters and/or data that may be used herein are not intended to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.