White Space Design (“White Space Design”) provides this website, whitespacedesign.co, and a newsletter, delivered by email to subscribers (the “Newsletter”) (together, the website and the Newsletter may be referred to as the “Website”) for informational purposes.

By accessing the website, you accept these Terms of Service of use, as may be amended from time to time, without limitation or qualification. If you do not wish to be bound by these Terms of Service, please refrain from further use of the website.

All Content is Protected by Copyright Laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Website are protected by copyright laws and may be covered by other restrictions as well. White Space Design retains all rights it may hold, including copyright, in data, images, text, and any additional information contained in these files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, White Space Design. White Space Design expressly prohibits the copying of any protected materials on the Website.

Commercial Use is Restricted

Unauthorized publication or exploitation of White Space Design’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any other purpose must request and receive prior written permission. All requests to reproduce content from the Website should be made to info@whitespacedesign.co.

Reservation of Rights

All rights not expressly granted by White Space Design herein are specifically and completely reserved. Nothing on the Website or in these Terms of Service grants, expressly or implicitly, any right or license to use any content or property of any third party, or may be construed to mean that White Space Design has the authority to grant any right or license on behalf of any third party.

Trademarks

“White Space Design” is a registered service mark. You may not use the White Space Design Servicemark without White Space Design’s prior, written permission in each case.

The names, titles, trademarks, service marks, and logos of third parties on the Website from time to time are registered and unregistered marks of those third parties; you may not use these trademarks without the prior, written permission of their respective owners. You acknowledge and agree that nothing on the Website grants, expressly or implicitly, any right or license to use the White Space Design Servicemark or may be construed to mean that White Space Design has the authority to grant any right or license on behalf of any third party trademark owner.

Accessibility
At White Space Design, we are committed to ensuring that our website is accessible to people with disabilities. We are committed to inclusion and accessibility in everything we do. White Space Design is continually in the process of implementing functional improvements to whitesapcedesign.co. Please note that while we do not control our clients, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly for use on whitespacedesign.co. The content we provide to our third-party vendors is accessible to the best of our knowledge.

Disclaimer

WHITE SPACE DESIGN PROVIDES THE WEBSITE ON AN “AS IS” BASIS. YOUR USE OF THE WEBSITE OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, OUR NEWSLETTER, IS AT YOUR OWN RISK. WHITE SPACE DESIGN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OR TRADEMARK OWNERSHIP, AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD-PARTY PROPRIETARY RIGHTS. WHITE SPACE DESIGN DOES NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. WHITE SPACE DESIGN MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE WEBSITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE WEBSITE. WHITE SPACE DESIGN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE WEBSITE’S CONTENT OR THE NEWSLETTER.

Limitation of Liability

NEITHER WHITE SPACE DESIGN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WHITE SPACE DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ITS CONTENTS, INCLUDING, BUT NOT LIMITED TO, THE NEWSLETTER.

Indemnification

By using the Website in any manner, you represent and warrant that your use will be consistent with these Terms of Service. You agree to indemnify, defend, and hold White Space Design, its affiliates, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Website.

Venue and Choice of Law

The Terms of Service and any counterparts, amendments, or revisions thereto will be governed and construed in accordance with the laws of the State of California, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to the Terms of Service will be brought in a Federal or State court located in San Diego County and the State of California, and you hereby waive any objection that you may have to personal jurisdiction in these courts.

Entire Agreement; Severance; Waiver

These Terms and Conditions incorporate by reference any notices on the Website and/or Newsletter and constitute the entire agreement regarding user access to the Website. If any provision of the Terms and Conditions - is deemed unlawful, void, or unenforceable, - that provision will be severable from the remaining provisions and will not affect their validity and enforceability. White Space Design’s failure to enforce a provision on any occasion will not be construed as a waiver of such provision.

These Terms of Service were last modified on February 7, 2023.