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YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY!
Welcome to Design Bundles! We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).
2. Reservation of Rights: You acknowledge and agree that the Design Bundles Platform is provided under license, and not sold, to you. By downloading, installing, or otherwise accessing the Design Bundles Platform, you do not acquire any ownership interest in the Design Bundles Platform, or any other rights thereto other than to use the Design Bundles Platform in accordance with the license granted, and subject to these Terms. Design Bundles and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Design Bundles Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
3. Access and Representations of Use: The Design Bundles Platform may not be accessible for use in all locations. If you are using the Design Bundles Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and Design Bundles for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Design Bundles Platform in conjunction with, and under the supervision of, your parent or guardian.
4. Purchases: Design Bundles’ acceptance of your order or subscription will take place when Design Bundles emails you to accept it, at which point a contract will come into existence between you and Design Bundles (referred to as “Contract”). If Design Bundles is unable to accept your order for any reason, Design Bundles will inform you of this and will not charge you for the product. Design Bundles will assign an order number to your order and notify you of the order number upon acceptance of your order.
5. Products: Design Bundles has made every effort to display images and colors accurately. The images of the products on the Design Bundles Platform are for illustrative purposes only and Design Bundles cannot guarantee that a device's display accurately reflects the Product(s). Your product may vary slightly from those images displayed on the Design Bundles Platform. Design Bundles may update or require you to update digital content, provided that the digital content shall always match the description provided to you before you bought it. You further acknowledge that Design Bundles relies on the contracts, warranties, and/or representations of Design Bundles Platform users who upload Product(s) (“Contributor”) for license, and that Design Bundles cannot be responsible to you should a Contributor breach its contract, warranty(ies), and or representation(s) to Design Bundles. All refunds are at Design Bundles’ discretion or where required by law.
5.1 – Refund – Product Defect Design Bundles will make the Product available for download by you as soon as Design Bundles accepts your order. Design Bundles offers a thirty (30) day money back guarantee on a Product. If you find a Product is not compatible, corrupt, or is missing on download, Design Bundles can refund you the price you paid for the Product (referred to as “Design Bundles Refund Policy”). The Design Bundles Refund Policy requires that you permit sufficient time to remedy any problem with a Product. Most issues are resolved within seven (7) days and if Design Bundles cannot resolve your issue with your Product within seven (7) days, Design Bundles will provide a full refund for the amount you paid for the Product to the payment method you used when purchasing the Product as set for in these Terms.
5.1.1 - Please test your products within the thirty (30) day refund period to ensure satisfaction. After thirty (30) days, Design Bundles will still make every reasonable attempt to assist you with any problems encountered with the Design Bundles support policy but are unable to provide a refund.
5.2 – Refund – Satisfaction If you have changed your mind regarding the regular purchase of a non-discounted Design Bundles Product, Design Bundles can refund the price you paid for the Product within 30 days if you have not downloaded any files for the Product to your device, as determined in Design Bundles’ sole discretion. Design Bundles reserves the right to refuse to provide a refund according to this Section on events/discounts and special offers.
5.3 – Refund – Store Credit If you purchase a Product with store credit, a refund can only be refunded back to your store credit account and not to the original payment method.
5.4 – Refund – Plus Membership A Plus membership payment can be refunded within seven (7) days of the billing charge, as long as none of the member benefits (such as discounts on marketplace products, Plus credits, or the One Dollar Deals After Party) have been used since the most recent charge.
5.4.1 If no member benefits have been used, please contact Design Bundles Customer Service within seven (7) days of the most recent charge, and Design Bundles will cancel the Plus membership and issue a full refund of the current month's charge only. If Plus member benefits have been used since the monthly billing charge has been assessed by Design Bundles, the month’s charge would not qualify for a refund.
5.4.2 Plus Membership Credits do not have a cash value and expire when you or Design Bundles cancels your PLUS Membership.
5.5 – Refund – Duplicate Purchases If you have purchased an individual product which you have already licensed from Design Bundles, whether as an individual product or as part of a bundle, Design Bundles can refund the price you paid most recently for the Product within thirty (30) days of purchase. Design Bundles reserves the right to refuse to provide a refund according to this Section if an individual product was purchased first, and is subsequently included in a bundle, event, or special offer.
6. Products - Supply: Design Bundles may need certain information from you so that Design Bundles can supply the Product(s) to you. If so, this will have been stated in the description of the Product(s) on the Design Bundles Platform. If you do not give Design Bundles this information within a reasonable time, or if you give Design Bundles incomplete or incorrect information, Design Bundles may either a) refund the purchase price of the Product minus a reasonable service fee or (b) make an additional charge of a reasonable sum to compensate Design Bundles for any extra work that is required as a result. Design Bundles will not be responsible for supplying the Products late or not supplying any part of the Product(s) if this is caused by you not giving Design Bundles the information needed.Design Bundles may have to suspend the supply of a Product to:
You are encouraged to download a Product as soon as practical after purchase. Design Bundles may contact you in advance to tell you we will be suspending supply of a Product but cannot guarantee that Design Bundles will do so. If Design Bundles has to suspend a Product, you may contact Design Bundles to receive a refund of the purchase price if the Product has been suspended within thirty (30) days of the purchase of the Product. If the Product has been suspended thirty-one (31) days or longer after the purchase the of the Product, you may contact Design Bundles to receive one (1) PLUS credit for each Product that Design Bundles suspended. If Design Bundles has to suspend a Product in its entirety that requires an ongoing payment or subscription, Design Bundles will adjust the price so that you do not pay for Product(s) while they are suspended You may contact Design Bundles to end the contract for a Product that requires an ongoing payment if Design Bundles suspends it, or tells you Design Bundles is going to suspend it, in each case for a period of more than fourteen (14) days and Design Bundles will refund any sums you have paid in advance for the Product in respect of the period after you end the contract. If you do not pay Design Bundles for a Product when you are supposed to and you still do not make payment within seven (7) days of Design Bundles reminding you that payment is due, Design Bundles may suspend supply of the Product(s) until you have paid Design Bundles the outstanding amount(s). Design Bundles will contact you to tell you Design Bundles is suspending supply of the Product(s), but please be advised that a third party payment portal such as PayPal, Braintree, Stripe or others may continue to try and collect outstanding payments due Design Bundles. Design Bundles will not charge you for the Product(s) during the period for which it/they are suspended. As well as suspending the products Design Bundles can also charge you interest as permitted by law on your overdue payments.
7. Product – Consumer Termination Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Design Bundles is performing, when you decide to end the contract, and whether you are a consumer or business customer.
If what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). If you are a consumer, Design Bundles is under a legal duty to supply Product(s) that are in conformity with this Contract. The Consumer Rights Act 2015 says digital content (for example a font) must be as described, fit for purpose and of satisfactory quality:
8. Design Bundles Contact and Response To end the Contract with Design Bundles, notify Design Bundles of a concern with a Product, ask a question, or leave a comment with Design Bundles, please let us know by email. You can email Design Bundles Customer Services at [email protected] Please provide, if applicable, your name, home address, details of the order and, where available, your phone number and email address.
If you are entitled to a refund under these terms, Design Bundles will refund you the price you paid for the Product(s), by the method you used for payment subject to these Terms . However, Design Bundles may make deductions from the price. Design Bundles will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within fourteen (14) days of you properly telling Design Bundles you have changed your mind.
9. Termination – Design Bundles Upon Notice, Design Bundles may end the contract for a Product(s) at any time if:
10. Pricing and Payments The price of the Product, which may include VAT (or its equivalent in other countries, depending on where you are purchasing our Products from), will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between your order date and the date Design Bundles supplies the Product, Design Bundles will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect. Design Bundles take all reasonable care to ensure the price of the Product advised to you is correct. Where the Product's correct price at your order date is less than our stated price at your order date, Design Bundles will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, Design Bundles will contact you for your instructions before Design Bundles accepts your order.
Design Bundles accepts payment via PayPal, Store Credit, or by a third-party online card payment service. Design Bundles utilizes third-party payment processing and therefore does not have access to your full payment information including but not limited to your credit card information. A single Product payment transaction can only be paid for with one type of payment and cannot be split across multiple payment types (for example – Store Credit cannot be combined with PayPal to pay for a purchase). You must pay for the Product(s) before you download them. If you are a business customer, you must pay all amounts due to Design Bundles under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you do not make any payment to Design Bundles by the due date, Design Bundles may charge interest to you on the overdue amount at the rate of eight percent (8%) a year above the base lending rate of the Bank of England from time to time or as permitted by law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.1 Store Credit Design Bundles offers customers the option of purchasing pre-paid credits for the purchase of Product (referred to as “Store Credit”). By purchasing Store Credit, you agree to the following terms:
11. Design Bundles Responsibility – Consumer If Design Bundles fails to comply with these terms, Design Bundles is responsible for loss or damage you suffer that is a foreseeable result of Design Bundles breaking this Contract or our failing to use reasonable care and skill, but Design Bundles is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by Design Bundles. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Design Bundles and you knew it might happen, for example, if you communicated it with Design Bundles during the sales process or it is listed in documentation on the Design Bundles Platform. Design Bundles does not exclude or limit in any way Design Bundles liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Design Bundles’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information Design Bundles provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to Design Bundles; supplied with reasonable skill and care and, where installed by Design Bundles, correctly installed; and for defective products under the Consumer Protection Act 1987.
If Product(s) which Design Bundles supplied damages a device or digital content belonging to you and this is caused by Design Bundles’ failure to use reasonable care and skill, Design Bundles will either repair the damage or pay you compensation subject to the limits set forth in these Terms and Conditions. However, Design Bundles will not be liable for damage which you could have avoided by following Design Bundles’ advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Design Bundles is not liable for business losses. If you are a consumer, we only supply the Product(s) for the uses set forth in the Design Bundles License purchased by you. If you use the products for any commercial, business, or profit purpose (referred to as “Business” or “Business Use”), Design Bundles’ liability to you will be limited as set forth below. You agree as part of these Terms and Conditions that Design Bundles’ maximum aggregate liability to you under or in connection to any Contract between you and Design Bundles will be limited to no more £50.
12. Design Bundles Responsibility– Business Design Bundles is not liable for any business loss. Nothing in these terms shall limit or exclude Design Bundles liability for:
13. Purchaser Responsibility You hereby indemnify, defend, and hold harmless Design Bundles against all losses, liabilities, costs, and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.
14. Warranties: Design Bundles provides the materials on the Design Bundles Platform “as is.” Design Bundles makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. Design Bundles does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Design Bundles Platform. Design Bundles has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Design Bundles Platform.
15. Assumption of Risk: You acknowledge and agree that you should not rely on the Design Bundles Platform for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all your data, images, and information, even if it is stored, created, retrieved, or otherwise processed by the Design Bundles Platform. You acknowledge that Design Bundles makes no representation that (a) the Design Bundles Platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Design Bundles Platform will be accurate or reliable; or (c) any errors on the Design Bundles Platform will be corrected. You acknowledge that Design Bundles takes commercially reasonable efforts to keep the Design Bundles Platform free of intellectual property violations and that it is your responsible to ensure that you are not violating any intellectual property rights when you create an end product(s). YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR IMAGES THAT RESULTS FROM USING THE DESIGN BUNDLES PLATFORM, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION, DATA, OR IMAGE RESULTING FROM COMPUTER VIRUSES.
16. User Submissions - Whenever you make use of a feature that allows you to upload content to the Design Bundles Platform, or to make contact with other users of the Design Bundles Platform, you must comply with the content standards set forth.
You shall not submit to appear on the site any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate, or threatening in any way:
17. Limitation of Liability and Actions: IN NO EVENT SHALL DESIGN BUNDLES, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN BUNDLES PLATFORM OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Any claim or cause of action arising out of or related to your use of the Design Bundles Platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
18. Indemnity: You agree to indemnify and hold Design Bundles and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Design Bundles Platform, your violation of the Terms, or your violation of any rights of another.
19. Your Conduct: By using the Design Bundles Platform, you agree not to download, upload, post, e-mail or otherwise send or transmit any material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Design Bundles Platform. You also agree not to interfere with the servers or networks connected to the Design Bundles Platform or to violate any of the procedures, policies, or regulations of networks connected to the Design Bundles Platform, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Design Bundles Platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the Design Bundles Platform; (3) use the Design Bundles Platform for any unlawful purpose; or (4) resell or export any software, promotional image, video, manual, guide, tutorial, or other Design Bundles generated customer service or educational product associated with the Design Bundles Platform. Design Bundles does not promote, recommend, or condone use of the Design Bundles Platform during activities where there is a significant risk of accident. You agree not to use the Design Bundles Platform during such activities.
20. Revisions and Errors: The materials appearing on the Design Bundles Platform may include technical, typographical, or photographic errors. Design Bundles does not warrant that any of the materials on the Design Bundles Platform or in any marketing materials are accurate, complete, or current. Design Bundles may make changes to the materials contained on the Design Bundles Platform or in its marketing materials any time without notice. Design Bundles does not make any commitment to update any of these materials.
21. Links: Design Bundles has not reviewed all links that may be posted on the Design Bundles Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Design Bundles of the third-party site or endorsement of the Design Bundles Platform by the third-party link. Use of any such linked website is at the user’s own risk.
23. Your Information and Privacy: By using the Design Bundles Platform, you may submit your personal information as set forth in the Design Bundles Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information, for example, storing your Personal Information on our servers for access by the Design Bundles Platform. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. Further, you acknowledge and understand that if you choose to link the Design Bundles Platform to any third-party service, for example, Facebook, that service may require you to create an account with the third-party service, and to do so, the third party may require you to provide additional personal information that is outside our control. You agree that you are solely responsible for the content you submit to the Design Bundles Platform. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. If any of the content that you use in connection with the Design Bundles Platform is the protected intellectual property of others, you are responsible and liable for how you use that content. As part of using the Design Bundles Platform, you acknowledge that Design Bundles may collect or otherwise have access to information that you provide to any third-party service that you choose to connect to the Design Bundles Platform. Design Bundles will not use any of the Personal Information obtained from any such third-party service for any purpose other than to provide you with the Design Bundles services.
24. Electronic Communications: By utilizing the Design Bundles Platform, you consent to receive electronic communications and notices from Design Bundles. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
25. Account Security: You are responsible for safeguarding the password that you use to access the Design Bundles Platform, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Design Bundles of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to Design Bundles, it is your responsibility to use a secure encrypted connection to communicate with the Design Bundles Platform. You are solely responsible for securing and backing up your content.
26. Intellectual Property Rights: Design Bundles and/or its licensors are the sole owners of the Design Bundles Platform and the Design Bundles services, which include any software, method of doing business, domains, and content made available through the Design Bundles Platform. Except as expressly authorized by Design Bundles, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the Design Bundles Platform. Additionally, you must not modify, decompile, or reverse engineer any of the Design Bundles Limited Apps, Design Bundles Limited Websites, and/or Design Bundles Limited Platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.
27. Trademarks: “Design Bundles Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that Design Bundles uses in connection with its products and services. You may not remove, use, or alter any Design Bundles Trademarks without Design Bundles’ prior written consent. You acknowledge Design Bundles’ rights in the Design Bundles Trademarks and agree that any use of the Design Bundles Trademarks by you will inure to Design Bundles’ sole benefit. You agree not to incorporate any Design Bundles Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies except as permitted under a properly obtained license from the Design Bundles Platform. All other trademarks not owned by Design Bundles that appear in connection with the Design Bundles Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Design Bundles.
28. License: Unless explicitly stated herein or a License is purchased or given, nothing in these Terms may be construed as conferring any license to intellectual property rights. Permission is granted to display, use, and download Design Bundles Apps or services on the Design Bundles Platform provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the Terms.
29. Termination: We reserve the right to suspend or end the Design Bundles Platform and/or your Design Bundles Account or support for the Design Bundles Platform at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Design Bundles Platform in any way that would cause us legal liability or disrupt others’ use of the Design Bundles Platform. If we suspend or terminate your use, we may attempt to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately without notice.
30. Force Majeure: Design Bundles will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, epidemics or pandemics, acts of God, war, terrorism, civil unrest, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, Design Bundles will be excused from any further performance of its obligations effected by the event for so long as the event continues, and you will not be entitled to any refund of any fees paid.
31. Merger: These Terms contain your entire agreement with Design Bundles with respect to the contents of the Terms. These Terms supersede all prior agreements between you and Design Bundles with respect to such Terms.
32. Modifications: Any modifications to these Terms may be made by Design Bundles and will be posted on the Website or Design Bundles Platform.
33. Choice of Law and Arbitration: Any claim relating these Terms or Design Bundles Platform will be governed by, and construed in accordance with, English law and the English courts shall have exclusive jurisdiction to determine all disputes in relation to it.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND DESIGN BUNDLES, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Design Bundles”) arising from or relating to these Terms, their interpretation or breach, termination or validity, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms), the Design Bundles Platform, Design Bundles’ advertising, or any related transaction SHALL BE SUBMITTED TO THE CHARTERED INSTITUTE OF ARBITRATORS (“CIARB”) OR ANY OTHER ESTABLISHED ALTERNATIVE RESOLUTION PROVIDER (“ARP”) AND SETTLED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE CIARB OR ARP ARBITRATION RULES. EACH PARTY SHALL BE ENTITLED TO APPOINT AN ARBITRATOR AND THE TWO PARTY-APPOINTED ARBITRATORS SHALL THEN APPOINT A THIRD ARBITRATOR. IF EITHER PARTY FAILS TO APPOINT AN ARBITRATOR WITHIN 30 DAYS OF RECEIVING NOTICE OF THE APPOINTMENT OF AN ARBITRATOR BY THE OTHER PARTY, THE CIARB OR ARP SHALL, AT THE REQUEST OF EITHER PARTY, APPOINT AN ARBITRATOR ON BEHALF OF THE DEFAULTING PARTY. IF THE FIRST AND SECOND ARBITRATOR APPOINTED FAIL TO AGREE UPON A THIRD ARBITRATOR WITHIN 30 DAYS OF THE APPOINTMENT OF THE SECOND ARBITRATOR, THE THIRD ARBITRATOR SHALL, AT THE REQUEST OF EITHER PARTY, BE APPOINTED BY THE CIARB OR ARP. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND DESIGN BUNDLES. NEITHER YOU NOR DESIGN BUNDLES SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorney fees. However, if any party prevails on a statutory claim that affords the prevailing party attorney fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
34. Severability: If a provision of the Terms is found to be unenforceable, that provision will be rewritten to reflect Design Bundle’s intention. All remaining provisions of the Terms will remain in effect.
35. Remedies: The rights and remedies reserved to Design Bundles under these Terms are cumulative with, and in addition to, all other remedies provided in law or equity.
36. No Waiver: The failure of Design Bundles any time to require your performance of any provision of these Terms will not affect the right to require such performance at any later time. A waiver by Design Bundles of a breach of any provision of these Terms will not constitute a waiver of any succeeding breach of the same or any other provision. No course of dealing or course of performance may be used to evidence a waiver or limitation of your obligations under these Terms.
37. Export Laws: The Design Bundles Platform may be subject to U.K. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, must: (a) obtain any export, re-export, or import authorizations required by U.K., or your local laws; (b) not use the Design Bundles Platform to design, develop, or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide the Design Bundles Platform to prohibited countries and entities identified in the U.K. or your local export regulations.
38. Survival: The rights and obligations under the Terms that, by their nature, should survive any termination of your use of the Design Bundles Platform will remain in full effect after termination or expiration of such use.
39. Governing Law: Any claim relating to Design Bundles Ltd Entities or Design Bundles Ltd Platform will be governed by, and construed in accordance with, English law and the English courts shall have exclusive jurisdiction to determine all disputes in relation to it.