UPDATED: September 8, 2018
Emblem Design Studios provides a personalized subscription service that allows our members to receive invitations to bid on design projects within the United States.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH EMBLEM DESIGN STUDIOS OR OUR SERVICE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
a. Your Pro Center subscription will continue month-to-month and automatically renew until terminated. To use the Pro Center service you must have Internet access and a valid email address and provide us with one or more Payment Methods. “Payment Methods” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method (see “Cancellation” below)
b. We may offer a number of subscription plans, including special promotional plans or subscriptions offered by third parties in conjunction with the provision of their own products or services. We are not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Pro Center subscription by visiting our website and clicking on the “Account” link.
2. FREE TRIALS
a. Your Pro Center subscription may start with a free trial. The free trial period of your subscription lasts for one month, or as specified during sign-up and is intended to allow new and certain former members to try the service.
b. Free trial eligibility is determined by Emblem at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households
c. or firms with an existing or recent Pro Center subscription are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Pro Center subscription to determine eligibility. For combinations with other offers, restrictions may apply.
d. We will charge your Payment Method for your monthly subscription fee at the end of the free trial period and your subscription will automatically renew monthly unless you cancel your membership prior to the end of the free trail period. To view monthly subscription price and end date of your free trail period, visit our website and click the “Billing details” link on the “Account” page.
3. BILLING AND CANCELLATION
a. Billing Cycle. The subscription fee for the Pro Center service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription until your subscription is cancelled. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website or click on the “Billing Details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
b. Payment Methods. To us Pro Center service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated toy your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
c. Cancellation. You can cancel your Pro Center subscription at any time, and you will continue to have access to the Pro Center service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for the Pro Center using your account with a third party as a Payment Method and wish to cancel you Pro Center subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Pro Center service through that third party. You may also find billing information about your Pro Center subscription by visiting your account with the applicable third party.
e. No refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. EMBLEM PRO CENTER SERVICE
a. You must be 18 years of age, or the age of majority in your province, territory or country, to become a subscriber of the Pro Center service.
b. The Pro Center Service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your firm or office. During your Pro Center subscription, we grant you limited, non-exclusive, non-transferable right to access the Pro Center service and view Pro Center content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for commercial use.
c. Some Pro Center content can be made available to you for offline viewing or temporary download. Limitations apply, including restrictions on the number of offline documents per account, the maximum number of devices that can contain office documents., the time period within which you are able to view documents or have them remain accessible.
e. Pro Center software may solely be used for authorized access and viewing of Pro Center service content. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Pro Center and related third-party software. If you do not accept the foregoing terms, do not use or service.
5. PASSWORDS AND ACCOUNT ACCESS
a. The member who created the Pro Center account and whose Payment Method is charged (the “Account Owner”) has access and control over the Pro Center account and the Pro Center ready devices that are used to access our service and is responsible for any activity that occurs through the Pro Center account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the Pro Center devices that are used to access the service and not reveal password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Emblem Pro Center or our partners from identify theft or other fraudulent activity. Emblem Pro Center is not obligated to credit or discount a subscription for holds placed on the account be either a representative of Emblem Pro Center or by the automated processes of Emblem Pro Center.
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
a. THE PRO CENTER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PRO CENTER SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EMBLEM PRO CENTER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRO CENTER SERVICE WILL BE UNITERRUPTED OR ERROR-FREE. EMBLEM PRO CENTER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PRO CENTER ACCESSED DEVICES, OR PRO CENTER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EMBLEM, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7. ARBITRATION AGREEMENT
b. If you elect to seek arbitration or file a small claim court action, you must first send to Emblem, by certified mail, a written Notice of your claim ("Notice"). The Notice to Emblem must be addressed to: General Counsel, Emblem Design Studios, 3350 Shelby Street, Suite 200, Ontario, CA 91764 ("Notice Address"). If Emblem initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by Emblem, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Emblem and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Emblem may commence an arbitration proceeding or file a claim in small claims court.
c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Emblem receives notice at the Notice Address that you have commenced arbitration, Emblem will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
d. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Emblem and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Emblem's last written settlement offer made before an arbitrator was selected (or if Emblem did not make a settlement offer before an arbitrator was selected), then Emblem will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f. YOU AND EMBLME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Emblem agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
b. Unsolicited Materials. Emblem does not accept unsolicited materials. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Emblem and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
c. Feedback. Emblem is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Pro Center service, including the Emblem website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Pro Center service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
g. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.