Website Terms of Use

Last Updated: 2026-07-24

These Website Terms of Use ("Terms") apply to your access to and use of the TFDi Design Co. ("TFDi Design", "we", "us") websites, including any pages, content, functionality, and services made available through or in connection with the websites (the "Website").

By accessing or using the Website, including as a visitor (whether or not you purchase a subscription or create an account), you agree to be bound by these Website Terms. If you do not agree, do not use the Website.

1. Relationship to Other Agreements

1. Privacy Policy

   Our Privacy Policy describes how we collect and use personal data. It is incorporated into these Website Terms by reference.

2. Subscription Terms

   If you purchase subscriptions and/or access the services via an account, additional terms may apply (including the applicable Subscription Terms). To the extent of any conflict, the Subscription Terms control for issues relating to your subscription, account, and use of the services.

2. Changes to these Website Terms

We may update these Website Terms from time to time. If the changes are required by law or materially affect your rights, we will provide notice where required by applicable law. Updated Website Terms take effect when posted on the Website with an updated “Last Updated” date. Continued use of the Website after changes become effective means you accept the updated Website Terms.

3. Eligibility and Account access

1. Eligibility

   You represent that you are legally able to enter into these Website Terms.

2. If you create an account

   You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Acceptable Use and Prohibited Conduct

You agree to use the Website only for lawful purposes and in a manner consistent with these Website Terms and applicable law.

You agree not to, and not to attempt to:

1. violate any applicable law or regulation, or infringe any intellectual property or other rights of TFDi Design or others;
2. disrupt, interfere with, or impair the Website or its security (including by hacking, probing, scanning, or attempting unauthorized access);
3. distribute malware or any software designed to disrupt, damage, or impair systems or data;
4. impersonate any person or entity, including TFDi Design personnel or representatives, or misrepresent your affiliation with TFDi Design;
5. use automated means (including scraping or excessive requests) in a manner that harms or burdens the Website or its infrastructure;
6. send spam, unsolicited advertising, or other unauthorized solicitation through the Website.

5. Enforcement, Removal and Suspension

We may, at our reasonable discretion and consistent with applicable law:

1. restrict access to the Website, and/or
2. suspend or terminate your account (if applicable),

if we reasonably believe you have violated these Website Terms, engaged in unlawful activity, and/or created a security, fraud, or abuse risk.

Where removal of specific content is applicable (e.g., if the Website includes any user content via a specific feature), we may remove or disable access to such content that violates these Website Terms.

6. Intellectual Property

1. Ownership

   The Website and all content on the Website (including software, text, graphics, logos, and trademarks) are owned by TFDi Design Co. or its licensors and are protected by intellectual property laws.

2. Limited License

   Subject to these Website Terms, TFDi Design grants you a limited, non-exclusive, non-transferable license to access and view the Website for your personal or business purposes, as permitted by law.

3. Restrictions

   Except as expressly permitted by these Website Terms or applicable law, you may not copy, distribute, modify, create derivative works of, publicly display, or otherwise exploit the Website content.

7. Third-Party Links and Services

The Website may contain links to third-party websites or references to third-party products or services. We do not control third-party sites and are not responsible for their content, accuracy, legality, or practices. Links are provided for convenience and do not imply endorsement.

8. Warranty Disclaimer

Except as expressly provided in a written agreement signed by TFDi Design Co., the services, software, and website are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, TFDi Design Co. disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TFDi Design Co. does not warrant that the services, software, or website will be uninterrupted or error-free, that any defects will be corrected, or that the services, software, or website are free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by law, TFDi Design Co. and its affiliates, officers, directors, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to:

1. Your use of or inability to use the services, website, or software;
2. Any third-party content or services; or
3. Any breach of this agreement, even if advised of the possibility of such damages.

TFDi Design Co.'s total liability for all claims arising out of or relating to this agreement or the services, website, or software will not exceed the amounts you paid to TFDi Design Co. for the applicable subscription or license preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless TFDi Design Co. and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to:

1. Your use of the services, website, or software in violation of this Agreement (including any violation of applicable law);
2. Your "User Content" (including any claim that "User Content" infringes, misappropriates, or violates any right of any person or entity). "User Content" means any data, text, images, files, materials, or other content that you create, upload, import, submit, transmit, store, or otherwise make available through or in connection with the Software or Services. "User Content" does not include the Software, documentation, or other materials provided by TFDi Design Co.; and
3. Your violation of any intellectual property rights, confidentiality obligations, or security requirements.

TFDi Design Co. will provide you notice of such claims (to the extent legally permitted), and you will control the defense and settlement of such claims, provided that TFDi Design Co. may participate in the matter at its own expense and you may not settle any claim in a manner that imposes an admission of fault or liability on TFDi Design Co. without TFDi Design Co.'s prior written consent.

11. Arbitration Agreement

Please read this section carefully. It requires disputes to be resolved by binding arbitration and limits the ability to pursue claims in court, including as a part of a class action.

1. Agreement to Arbitrate

   Except as provided in Section 11(d) (Small Claims) and 11(e) (Court for Injunctive Relief), you and TFDi Design Co. agree that any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the services, website, or software, or any aspect of the relationship will be resolved by binding arbitration on an individual basis.

   This arbitration agreement is intended to be enforced to the maximum extent permitted by law.

2. Arbitration Rules and Administrator

   The arbitration will be conducted by JAMS under its applicable rules and procedures, as modified by this Section. The arbitration will be conducted by a single arbitrator.

3. Seat, Governing Law, and Procedure

   The arbitration will take place in Florida, USA. The arbitrator will apply Florida law (without regard to conflict-of-law rules). The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this arbitration agreement to the extent applicable.

   The arbitrator may award any relief permitted by this Agreement and by applicable law.

4. Small Claims Carve-Out

   Either party may bring an individual lawsuit in small claims court in Florida to the extent the dispute qualifies for small claims jurisdiction. This does not allow class or representative actions.

5. Injunctive/Equitable Relief Carve-Out

   Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for:

   1. alleged infringement, misappropriation, or violation of intellectual property rights; or
   2. enforcement of confidentiality obligations; or
   3. preventing unauthorized access to accounts or systems.

   Any such court action will not be considered a waiver of arbitration of the remaining claims.

6. Class Action Waiver

   You and TFDi Design Co. agree that each of us may bring disputes against the other only in an individual capacity, and not as a plaintiff or class member in any class action, collective action, or representative action.

   The arbitrator may not conduct any class, collective, or representative proceeding, and the parties agree that no such proceeding may be brought in court or arbitration.

7. Attorney's Fees

   Unless prohibited by applicable law, the arbitrator may award reasonable attorney's fees and costs to the prevailing party (or as otherwise provided under applicable law).

8. Opt-Out

   You may opt-out of arbitration within 30 days of first accepting these terms by emailing [email protected]

12. Assignment

TFDi Design may assign these Website Terms (including to an affiliate or successor) without restriction, subject to applicable law. You may not assign these Website Terms without TFDi Design's prior written consent.

13. Severability; Waiver; Entire Agreement

If any provision of this Agreement (including the arbitration clause) is rendered or deemed unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Failure to enforce any provision is not a waiver. This Agreement (including policies incorporated by reference) is the entire agreement between you and TFDi Design Co. regarding its subject matter and supersedes prior or contemporaneous agreements.

14. Notices

Any notices required or permitted under this Agreement must be in writing and delivered by email to: [email protected] Notices will be deemed received:

• upon confirmation of transmission by the sender's email system;
• upon the date the email is shown as delivered by the recipient's email system, provided that notices sent to [email protected] after 5:00 p.m. Eastern Time (ET) will be deemed received on the next business day.