Effective date: December 31, 2024

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Welcome to the Terms of Use (the “Terms”) for Quixotic Design Co.’s (“we”, “our”, and “us”) website. Please read these Terms to learn the rules and restrictions that govern your use of our website. 

These Terms govern your use of the website. Your use of the website in any way means that you agree to all of these Terms, and these Terms will remain in effect for so long as you access our website, use or retain any of our content, and until any disputes arising from such use, access, or retention receive final resolution. These Terms include the provisions in this document as well as those in the Quixotic Design Co. Privacy Policy. Your use of the website may be subject to additional policies, rules, instructions, and/or conditions (“Additional Terms”) that will be displayed or linked to when the applicable service is accessed and which are incorporated herein by reference, and you understand and agree that by using the website, you agree to also comply with these Additional Terms. To the extent that any Additional Terms conflict with these Terms, the Additional Terms will control regarding use of the applicable service. If you have executed a contract with us for educational or design services, the contract takes precedence with respect to any services provided under that contract.

What is Quixotic Design Co.?

Quixotic Design Co. provides design and branding services and training on how to organize and improve your services as a design and branding professional. Our website provides information concerning the services we provide, blogs that discuss issues and experiences, and other content.  You may contract with us to receive educational services or for design services for your business. 

Will these Terms ever change?

We are constantly trying to improve our website and services, so these Terms may need to change. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our website located at www.quixoticdesignco.com and/or notify you by some other means if you have an account with us.  If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the website. If you use the website or services in any way after a change to the Terms is effective, you are agreeing to all of the changes.  Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.  

Representations and Warranties

You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on your organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You shall use our website and services for your own personal, non-commercial use, or for commercial use by your business entity, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the services is prohibited by applicable laws, then you aren’t authorized to use the website or services. You agree that we are not responsible for your using the website or services in any way that breaks the law. 

Restrictions on use of the services

You represent, warrant, and agree that you will not interact with the services or submit anything to the website, in a manner that:

1. infringes or violates the intellectual property rights or any other rights of anyone else;

2. violates any law or regulation, including, without limitation, any applicable export control laws or privacy laws;

3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

4. attempts, in any manner, to obtain the password, account, or other security information from any other user;

5. violates the security of any computer network, or cracks any passwords or security encryption codes;

6. runs any form of auto-responder or “spam” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the services (including by placing an unreasonable load on the services or website’s infrastructure);

7. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the services or website (through use of manual or automated means);

8. copies or stores any significant portion of the content; or

9. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the website or services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.  

Communications

As part of the website and services, you agree to receive communications from us, including messages that we send you via email, SMS, or other means.  

Intellectual Property Rights

The materials displayed or performed or available on or through the website or services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the website or services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you, (i) without the prior consent of the owner of that content or (ii) in a way that violates our or someone else’s rights.

Subject to these Terms, we grant each user of the website and services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of using the website and services. Use, reproduction, modification, distribution or storage of any content for any purpose other than using the website and services is expressly prohibited without prior written permission from us. You understand that Quixotic Design Co. owns the website and services. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the website content or services.  

Any information or content publicly posted or privately transmitted through the website and services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we are not liable for any errors, omissions, completeness, or accuracy in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the website’s content or services, or what actions you may take as a result of having been exposed to the content, and you hereby release us from all liability for you having acquired or not acquired content through the services. We can’t guarantee the identity of any users with whom you interact in using the website and services and are not responsible for which users gain access to the website and services or their behavior.  

You are responsible for all content you contribute, in any manner, to the website and services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Third-party links 

The Services may contain links or connections to third-party Services or services that are not owned or controlled by us. When you access third-party Services or use third-party services, you accept that there are risks in doing so, and that we are not responsible for such risks.  

We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party services or by any third party that you interact with through the website and services. In addition, we do not and cannot monitor, verify, censor or edit the content of any third-party website or service. Your interactions with third-party organizations and/or individuals found on or through the website or services, including provision of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We encourage you to be aware when you leave the Quixotic Design Co. website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using our website and services, you release and hold us, our directors, officers, employees, agents, and successors harmless from any and all liability arising from your use of any third-party website or service.  

Provisions that, by their nature, should survive termination of these Terms shall survive termination. All of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.  

Warranty Disclaimer. 

We and our officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (the Quixotic Design  Parties”) make no representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the website or services, and the Quixotic Design Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the website or services or any claims, actions, suits, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the website or services. THE SERVICES AND CONTENT ARE PROVIDED BY QUIXOTIC DESIGN CO. ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  

Limitation of Liability. 

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE QUIXOTIC DESIGN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, THE SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL AND ANY PRODUCTS OR SERVICES PROVIDED TO YOU (OR NOT PROVIDED TO YOU, AS THE CASE MAY BE) BY ANY THIRD PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.  

Indemnity. 

You agree to indemnify and hold the Quixotic Design Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. 

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your website or services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law/Venue 

These Terms are governed by and will be construed under applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any judicial proceeding will be brought in the state or federal courts located in Sacramento County, California. 

Severability. 

If any provision of these Terms is determined by a court to be unenforceable, the remaining provisions shall remain in full force and effect.

Miscellaneous. 

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the website and services. These Terms are the complete and exclusive statement of the mutual understanding between you and us, and these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.  

Third Party Beneficiaries

You and we agree that there are no third-party beneficiaries intended under these Terms.

Contact Information

If you have any questions, comments, or concerns regarding these Terms, the website, or the services, please contact us at:

Email: hello@quixoticdesignco.com