Last Revised: 11.18.20

Your privacy is important to Uhuru Design, LLC (“Uhuru Design,” “Company,” “we,” “us,” and “our”) and we will only use your information as permitted by this Website Privacy Policy (“Privacy Policy” or “Policy”). This Privacy Policy should be read in conjunction with our Website Terms of Use, into which this Privacy Policy is incorporated by references. 

Our Privacy Policy provides you with:

• The types of information we collect from you or that you may provide when you visit our website available at www.uhurudesign.com, as well as any websites and blogs directly owned by Uhuru Design (collectively, our “Website’). 
  
• details on what information we collect, how and when we share that information and your options as for sharing your information. 

This Policy applies to information we collect on this Website or in emails and other electronic messages between you and this Website, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy. 

This Policy does not apply to information collected by us offline or through any other means, including on any other website operated by the Company or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the Website (for further information, see below, “What about privacy on other sites?”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our Website.  By using our Website, you agree to the terms of our Privacy Policy. This Policy may change from time to time (see below, “Privacy Policy Changes”).  Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

What information do we collect and how do we use it? 

To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy. 

Information You Provide to Us

We may collect personally identifiable information from you when you voluntarily submit the information to us when you use our Website. Personally identifiable information is any information that can be used to individually identify you from a larger group, such as data including, but not limited to, your:

• First and last name;
• Email address;
• Mailing address;
• Telephone number; 
• Credit card number;
• Comments or messages provided in free text boxes;
• Documents you upload through the Website.
  We need this information in order to process and fulfill your order and to notify you of your order status, in order to register you as a user of this site or to provide you with services. We may also collect personally identifiable information from you if you choose to subscribe to our email program or enter the information in connection with content or suggestions you post on this Website.

The information that you provide in each case will vary.  In some cases, you may be able to provide personally identifiable information via email or free text boxes, such as contacting the Uhuru Design to request further information.  When providing your personally identifiable information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data.  Uhuru Design will neither process nor store any credit card information that you submit to the Website.  Any credit card information that you provide to the Website will be processed and stored by a trusted third-party, PCI-DSS compliant, credit card processor.

Additionally, we may ask you to create a username and password that should only be known to you. 

Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our Website.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your computer system, such as your internet address (IP Address), the pages you have viewed, and the actions you have taken while using the Website.  Some of the tools we use to automatically collect information about you may include:
(a) Cookies.  A “cookie” is a small data file transmitted from a website to your device’s hard drive.  Cookies are usually defined in one of two ways, and we may use either (or both) of them:

(1) session cookies, which do not stay on your device after you close your browser, and

(2) persistent cookies, which remain on your device until you delete them or they expire. 

We use the following categories of cookies on our Website.

• Strictly Necessary Cookies: These cookies are essential in order to enable you to move around the Website and use its features. Without these cookies, services you have requested, such as maintaining a record of your purchased items (e.g. a shopping cart), cannot be provided.
  
  
• Performance Cookies: These cookies collect anonymous information on how you use our Website to help us understand how you arrive at our Website, browse or use our Website and highlight areas where we can improve, such as navigation. The data stored by these cookies never shows personal details from which your individual identity can be established.
  
  
• Functionality Cookies: These cookies remember choices you make such as the country from which you visit our Website, your preferred language, and your search parameters. This information can then be used to provide you with an experience more appropriate to your selections and to make your visits to our Website more tailored to your preferences. The information in these cookies may be anonymized.  These cookies cannot track your browsing activity on other websites.
  
  
• Targeting Cookies or Advertising Cookies: These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third-party advertising networks.  These cookies remember the websites you visit and that information is shared with other parties such as advertisers. 

Of course, if you do not wish to have cookies on your devices, you may turn them off at any time by modifying your internet browser’s settings.  However, by disabling cookies on your device, you may be prohibited from full use of the Website’s features or lose access to some functionality.

(b) Google Analytics. The Website sends aggregated, non-personally identifiable information to Google Analytics for the purpose of providing us with the ability to conduct technical and statistical analysis on the Website’s performance.  For more information on how Google Analytics supports the Website and uses information sent from the Website, please review Google’s privacy policy available at https://policies.google.com/technologies/partner-sites.
(c) Web Beacons.  A Web Beacon is an electronic image.  Web Beacons can track certain things from your computer and can report activity back to a web server allowing us to understand some of your behavior.  If you choose to receive emails from us, we may use Web Beacons to track your reaction to our emails.  We may also use them to track if you click on the links and at what time and date you do so.  Some of the third-party marketers we engage with may use Web Beacons to track your interaction with online advertising banners on our Website.  This information is only collected in aggregate form and will not be linked to your personally identifiable information.  Please note that any image file on a webpage can act as a Web Beacon.

(d)  Embedded Web Links.  Links provided in our emails and, in some cases, on third-party websites may include tracking technology embedded in the link.  The tracking is accomplished through a redirection system.  The redirection system allows us to understand how the link is being used by email recipients.  Some of these links will enable us to identify that you have personally clicked on the link and this may be attached to the personally identifiable information that we hold about you.  This data is used to improve our service to you and to help us understand the performance of our marketing campaigns. 

(e) Third-party Websites and Services.  We work with a number of service providers of marketing communications technology.  These service providers may use various data collection methods to improve the performance of the marketing campaigns we are contracting them to provide.  The information collected can be gathered on our Website and also on the websites where our marketing communications are appearing.  For example, we may collect data where our banner advertisements are displayed on third-party websites.

Choices for Opt-in and Opt-out

We and/or our third party marketing partners may contact you and market to you, including by mail, Internet connection, telephone, fax or mail, consistent with this Privacy Policy. However, in each of our email marketing communications, we will allow you to opt out of future email marketing communications. We will attempt to require third parties with whom we share your information to also allow you to opt out of future email marketing communications. Participation in certain programs will require you to accept email communications regarding the program itself. We will also attempt to prohibit our vendors and marketing partners from using your information in a manner inconsistent with this Privacy Policy. You may opt-out of receiving email communications by clicking the “Unsubscribe” link at the bottom of the email message received. It may take us up to ten days to complete this process, as permitted by law. Any such communications you receive from us will be administered in accordance with your preferences and this Policy.

Accuracy and Access to Your Personally Identifiable Information

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing. 

Where we can provide you access to your personally identifiable information in our possession, we will always ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.  

To view and change the personally identifiable information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to: 

• Assisting you with items such as personalized experiences, facilitation of product usage, and enforcement of the Terms of Use.   
• Preventing malicious activity and providing you with a secure experience.  
• Providing service and support for services you request.
• Providing marketing communications that are effective and optimized for you. 
• Keeping you up-to-date with the latest benefits available from us.
• Preventing unwanted messages or content.
• Measuring the performance of our marketing programs.

Contacting you about services and offers that are relevant to you. 

How We Share Your Information

We do not sell or lease your personally identifiable information to any third party.  We may disclose your personally identifiable information to our trusted third-party business partners in accordance with this Policy. We work with a number of partners that help us process your requests, deliver customer service and support, send email marketing communications, and provide experiences that you have come to expect from us.  We will share your personally identifiable information with these third parties in order to fulfill the service that they provide to us.  These third-party partners are under contract to keep your personally identifiable information secure and not to use it for any reason other than to fulfill the service we have requested from them.  

For example, trusted third-party partners such as Oracle NetSuite, Shopify and Citrix Podio host aspects of the Website, and as a result, the Website may share your personally identifiable information with these trusted third-party partners.  In addition, the Website utilizes various EDI plugins and participates in partner referral programs. To learn more about Shopify, its services, and how it may support your personally identifiable information, please visit https://www.shopify.com/legal/privacy.  Likewise, to learn more about Citrix Podio, its services, and how it may support your personally identifiable information, please visit https://www.citrix.com/about/legal/privacy/.  To learn about Oracle NetSuite, and the range of services we may engage with now, or in the future, please visit https://www.oracle.com/legal/privacy/.  

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances:  

• Responding to duly authorized information requests from law enforcement or other governmental authorities.
• Complying with any law, regulations, subpoena, or court order.
• Investigating and helping prevent security threats, fraud, or other malicious activity.
• Enforcing or protecting the rights and properties of Uhuru Design or its subsidiaries. 
• Protecting the rights or personal safety of Uhuru Design’s employees.

There are circumstances where the Uhuru Design may decide to buy, sell, or reorganize its business in selected countries.  Under these circumstances, it may be necessary to share or receive personally identifiable information with prospective or actual partners or affiliates. In such circumstances, the Uhuru Design will ensure your information is used in accordance with this Policy.

Security

We take every precaution to protect our customers’ information. When customers submit sensitive information via the Website, your information is protected both online and off-line.

We use reasonable technical, administrative, and physical safeguards in order to protect your personally identifiable information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.  You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your personally identifiable information, such as a username and password.  If you believe your credentials have been compromised, please change your password. Please also notify us of any unauthorized use.

If you have any questions about the security at our website, please contact us using the information below in the Contact Information section.

What about privacy on other sites?

Our Website may contain links to other web sites. We provide these links for your convenience, but we do not review, control or monitor the privacy practices of web sites operated by others. Our Website may link to third-party websites and services, but these links are not endorsements of these sites, and this Policy does not extend to them. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other web sites is subject to the terms and conditions of those web sites, including the privacy policies of those web sites.

If you are visiting our Web site through a link from another web site or search engine, information about your visit to us may be collected by the provider of the other web site or search engine. We encourage you to review the privacy policies of these other web sites or search engines.

Privacy Policy Changes

We may change this Privacy Policy at any time. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Updated” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

Children’s Privacy

The Web Sites are general audience web sites. We do not knowingly collect any personally identifiable information from children younger than the age of thirteen (13) on the Website and we will delete any personally identifiable information later determined to be from a user younger than thirteen (13). We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.

California Privacy Rights

Pursuant to California Civil Code Section 1798.83, we will not disclose or share your personally identifiable information with third parties for the purposes of third-party marketing to you without your prior consent. 

Other than as disclosed in this Policy, the Website does not track users over time and across third-party websites to provide targeted advertising.  Therefore, the Website does not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser. 

If you are a California consumer, as defined by the California Consumer Privacy Act of 2018, you may be afforded additional rights with respect to your “Personal Information” as that term is explicitly defined under California law.  Any Personal Information we collect is collected for the commercial purpose of effectively providing our services to you, as well as enabling you to learn more about, and benefit from, our services. You may exercise each of your rights as identified below, subject to our verification of your identity. 

• Access.  You may email us at info@uhurudesign.com to request a copy of the Personal Information our Website databases currently contain.
• Prohibit Data Sharing.  When applicable, you may prohibit the sharing of your Personal Information by submitting a request via email to info@uhurudesign.com. In your email, please explain how you wish us to prohibit the sharing of your Personal Information, and which categories of third parties you want to prohibit from receiving your Personal Information.  When such prohibitions are not possible to provide our services to you, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.
• Portability.  Upon request and when possible, we can provide you with copies of your Personal Information.  You may submit a request via email to info@uhurudesign.com. When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy.
• Deletion.  If you should wish to cease use of our Website and have your Personal Information deleted from our Website, then you may submit a request by emailing us at info@uhurudesign.com. Upon receipt of such a request for deletion, we will confirm receipt and will confirm once your Personal Information has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties.

We do not sell your Personal Information. If we ever decide to sell Personal Information, we will update you via this Policy and include a link entitled “Do Not Sell My Personal Information,” to provide you with an opportunity to opt out of sales of your Personal Information.

If a California resident exercises his or her rights under California law, including the CCPA, we shall not discriminate against that California resident by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.

For Website Visitors Outside of the United States

We do not warrant or represent this Policy or the Website’s use of your personally identifiable information complies with the laws of any other jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your personally identifiable information in accordance with this Policy. 

For Website Visitors in the European Union (“EU”)

Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR.  For the purposes of this Policy, the Company operates as a data controller.  Any personal data we collect from you is processed in the United States and under the terms of this Policy.  

Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing.  You may always withdraw your consent to our use of your personal data as described below.  We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below. 

The Data Controllers are:

Name: Uhuru Design, LLC

Address:  119 N 3rd St, Denver, PA 17517

Email address: info@uhurudesign.com

You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below: 

• Access. You may email us at info@uhurudesign.com to request a copy of the personal data our Website databases currently contain. 
• Automated Processing and Decision-Making.  You may email us at info@uhurudesign.com to request that we stop using your personal data for automated processing, such as profiling.  In your email, please explain how you wish us to restrict automated processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
  
• Correction or Rectification. You can correct what personal data our Website database currently contains by accessing your account directly, or by emailing us at info@uhurudesign.com to request that we correct or rectify any personal data that you have provided to us.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties.  
  
• Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to info@uhurudesign.com.  In your email, please explain how you wish us to restrict processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.  
  
• Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to info@uhurudesign.com.  When such objections are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.   
• Portability. Upon request and when possible, we can provide you with copies of your personal data.  You may submit a request via email to info@uhurudesign.com.  When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent.  Where applicable, we will ensure such changes are shared with any trusted third parties.
    
• Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this Website by notifying us via email at info@uhurudesign.com.  Using the same email address associated with your Website account, simply type the words “WITHDRAW CONSENT” in the subject line of your email.  Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data.  Where applicable, we will ensure such changes are shared with trusted third parties.  
  
• Erasure. If you should wish to cease use of our Website and have your personal data deleted from our Website, then you may submit a request by emailing us at info@uhurudesign.com.  Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties.  
  
• Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below.  If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.

Contact Information

If you have questions or comments about our Privacy Policy or Terms and Conditions, please contact us via email at info@uhurudesign.com

Last Revised:  11.18.20

The website located at https://www.uhurudesign.com/ (the “Website”) are published, owned, and operated by Uhuru Design, LLC, its affiliates and related entities (“Uhuru Design,” “Uhuru Design,” “we,” “us,” and “our”).  These Terms of Use (the “Terms”) govern your access to and use of the Website.  

By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to the Terms, please do not use the Website.

Purpose of the Website. 

The Website are provided solely for informational purposes and the purposes of enabling communication between you and Uhuru Design. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services. 

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. Uhuru Design disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Uhuru Design through the Website shall be handled in accordance with the Website’s Privacy Policy, which is hereby incorporated by reference.

Use of the Website 

Uhuru Design grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Uhuru Design to use the Website for commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.

User Account Responsibility

If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password.  You are responsible for all activities that occur under your account and you agree to notify Uhuru Design immediately of any unauthorized use of your account.  Uhuru Design is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Prohibited Uses  

You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of them;
  
• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with Uhuru Design or the Website;
  
• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by Uhuru Design;
  
• Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  
• Impersonate or attempt to impersonate Uhuru Design, an Uhuru Design employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Third Party Sites

The Website may contain links to websites controlled or operated by persons and companies other than Uhuru Design (“Linked Sites”). Linked Sites are not under the control of Uhuru Design, and Uhuru Design is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Uhuru Design is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  Uhuru Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Uhuru Design of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support Uhuru Design or are identified in the Website, including any delivery of and payment for goods and services.

Intellectual Property Notices

The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by Uhuru Design in these Terms. The Website or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Uhuru Design or applicable owner. 


Your Content.  Any Content you create or own or to which you have a license and use on the Website is Your Content.  In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant Uhuru Design an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our Uhuru Design systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.  

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, Uhuru Design or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.  

Questions regarding the use of any intellectual property provided on the Website should be directed to info@uhurudesign.com

United States Only

Uhuru Design is based in the state of New York in the United States. Uhuru Design provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.

Disclaimer 

All information or services provided by uhuru design to you via the website, including, without limitation, all content, are provided “as is” and “where is” and without any warranties of any kind. Uhuru design and its third-party licensors expressly disclaim all warranties, whether express, implied or statutory, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement. Notwithstanding any provision contained herein to the contrary, uhuru design and its third-party licensors make no representation, warranty or covenant concerning the accuracy, quality, suitability, completeness, sequence, timeliness, security or availability of the website or any content posted on or otherwise accessible via the website. You specifically acknowledge that uhuru design and its third-party licensors are not liable for the defamatory, obscene or unlawful conduct of other third parties or users of the website and that the risk of injury from the foregoing rests entirely with you. Neither uhuru design nor any of its third-party licensors represent, warrant or covenant that the website will be secure, uninterrupted or error-free. Uhuru design further makes no warranty that the website will be free of viruses, worms or trojan horses or that it will function or operate in conjunction with any other product or software. You expressly agree that use of the website is at your sole risk and that uhuru design, its affiliates and their third-party licensors shall not be responsible for any termination, interruption of services, delays, errors, failures of performance, defects, line failures, or omissions associated with the website or your use thereof. Your sole remedy against uhuru design for dissatisfaction with the website or the content is to cease your use of the website and/or the content. Some jurisdictions do not permit the exclusion or limitation of implied warranties, so the above exclusion may not apply to you.  You may have other rights, which vary by jurisdiction.  When the implied warranties are not allowed to be excluded in their entirety, you agree that they will be limited to the greatest extent and shortest duration permitted by law.

Limitation of Liability

Under no circumstances shall uhuru design or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (including, without limitation, loss of profits, loss of use, loss of data, loss of information or programs on your data handling system, transaction losses, opportunity costs, interruption of business or costs of procuring substitute goods) resulting from, arising out of or in any way relating to the website, or the data, content or information accessed via the website or any hyperlinked website, or any disruption or delay in the performance of the website, regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute or otherwise, and regardless of whether or not such damages were foreseen, unforeseen or foreseeable, even if uhuru design or its third-party licensors have been advised of the possibility of such damages. By accessing the website subject to these terms of use, you understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of Ccalifornia and any similar law of any state, country or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must materially affect his or her settlement with the debtor.”

Indemnity

You agree to defend, indemnify and hold harmless Uhuru Design and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.


Termination and Restriction of Access

In its sole discretion, Uhuru Design may terminate or suspend your access to the Website for breach of these Terms. Uhuru Design shall not be liable for any losses or damages arising from any such termination of service.

Arbitration

At its sole discretion, Uhuru Design may require you to submit any disputes arising from use of the Website, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.  By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims 

Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred. 

Governing Law & Jurisdiction 

These Terms are governed by the laws of the State of New York, U.S.A.  You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Brooklyn, New York, U.S.A. in all disputes arising out of or relating to the use of the Website.

Changes to these Terms of Use

Uhuru Design may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Uhuru Design. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms.  Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Uhuru Design as a result of these Terms or use of the Website.  You may not assign these Terms without the prior written consent of Uhuru Design in all instances.  Uhuru Design may assign these Terms, in whole or in part, at any time.  Uhuru Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Uhuru Design’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Uhuru Design with respect to such use.  

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.  

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Uhuru Design with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Uhuru Design. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Uhuru Design Contact Information

Questions can be directed to Uhuru Design at: info@uhurudesign.com