Last updated: 03/08/2023
These Terms of Service (“Terms”) apply to your access to and use of (a) the website located at https://www.wdgarch.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Website”) provided by WDG Architecture, PLLC (“WDG Architecture,” “we,” “our”, or “us”) and (b) any online services ((a) and (b), collectively, our “Services”).
By using our Services, you expressly agree to these Terms. Please carefully review these Terms before using our Services, including, without limitation, the warranty disclaimers and releases set forth in Section 8, which limit our liability and your ability to bring certain claims against us.
BY AGREEING TO THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND WDG ARCHITECTURE WILL BE RESOLVED BY ARBITRATION, SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
Users under 18 years of age (or the age of legal majority where the user lives) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
WDG Architecture or our licensors own all right title and interest (including intellectual property rights) in and to our Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein. Except as expressly stated in these Terms, all rights in and to our Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.
The “WDG Architecture” name and our logos, product or service names, slogans, and the look and feel of our Services are trademarks of WDG Architecture and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless WDG Architecture and our subsidiaries and affiliates, and each of our respective officers, directors, employees, partners and agents (individually and collectively, the “WDG Architecture Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to: (a) your access to or use of our Services (including any acts and/or omissions); (b) your violation of these Terms; or (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WDG Architecture or the other WDG Architecture Parties.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
All disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, shall be finally decided by final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The arbitration shall be seated in the District of Columbia.
These Terms and any claims made hereunder will be governed by and construed and enforced in accordance with the laws of the District of Columbia without regard to its conflict of laws principles.
If any portion of these Terms other than Section 10 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable: (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
WDG Architecture’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.