LAST UPDATED: OCTOBER 2024

TERMS of USE

FROM the OFFICES OF

Katie McFarlan and her lawyer

Welcome to Dakota Design Company, LLC! These Terms of Use (these “Terms”) apply to the purchase and sale of products (“Products”) through www.dakotadesigncompany.com and any successor URL(s) (the “Site”) and the purchase and sale of Products through accounts operated by Dakota Design Company, LLC (“Dakota Design Company,” “we,” “our,” or “us”) on Facebook®, Instagram®, Google®, Pinterest®, and YouTube® (collectively the “Social Media Sites”). Together the Site and the Social Media Sites may be referred to herein as the “Sites”.

We reserve the right to modify these Terms as described below.

These Terms apply to all visitors to the Sites and to all purchasers of a Product (visitors and purchasers are collectively referred to herein as “Users,” and, as applicable to you, “you” or “your”). By visiting the Sites and/or purchasing a Product from us, you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy (as it may be updated from time to time, our “Privacy Policy”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 17 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 18 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

01 | PROHIBITED USERS

You may not use the Sites or order or obtain Products from the Sites if:

(i) You do not agree to these Terms;

(ii) You are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Dakota Design Company, LLC;

(iii) You are prohibited from accessing or using the Sites or any of Site's contents, goods or services by applicable law; or

(iv) We have terminated your access to the Sites or have restricted your ability to order or obtain Products from the Sites.

02 | CHANGES TO THE TERMS

We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. You are responsible for reviewing any modified terms. Your purchase of any Product(s) through the Sites or your visitng the Sites means you accept and agree to any changes.

For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

03 | Product

You will receive the tools and templates as outlined on the web page where you register for the Product.

If you wish to participate in another program in the future or purchase any other Products or services from the Company, all terms of these Terms will continue to apply unless superseded by another agreement in writing.

The Product is intended and only suitable for individuals aged 18 and above. Some of the content in the Product may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

The Company reserves the right to offer additional elements from time to time, for any subgroup of purchasers. These additional elements are a bonus, not a part of what was included in the base version of the Product. The selection of the purchasers who may participate in any additional elements is at the sole discretion of the Company and if you are not selected to participate, no refund will be issued on those grounds.

04 | Purchase Policies

When you place an order for a Product or Products, it constitutes a legally binding agreement to purchase such Product or Products. After having placed your order, you will receive a confirmation email with your order number and access to the Product or Products you have ordered. By purchasing any Product, you acknowledge that all sales are final, and there are no refunds or returns. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of our Product(s) immediately.

SECTION 05

Prices and Payment Terms

All prices posted on the Sites are subject to change without notice. The price charged for the Product you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards, debit cards, or Paypal, where available, for all purchases.

You represent and warrant that:

(i) the credit card or debit card information you supply to us is true, correct, and complete;

(ii) you are duly authorized to use such credit card or debit card for the purchase;

(iii) charges incurred by you will be honored by your credit card or debit card company; and

(iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

06 | Returns and Refunds

ALL SALES ARE FINAL. Due to the instant digital delivery of the Products, no refunds, returns, or exchanges will be honored for any reason. You acknowledge that by purchasing, you are waiving your right to seek a refund, including for cases of dissatisfaction or non-usage. If a refund is demanded or a chargeback attempted, you agree to compensate the Company for the full value of the Product or Products, plus any incurred legal expenses and administrative fees.

Since we have a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of the Product, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback, plus any incurred legal expenses and administrative fees.

07 | No Warranties

Our Product(s) and services are sold “as is”. We offer no warranty, explicit or implied, regarding any Product or service, the accuracy of any information, or any rights or licenses under these Terms including, without limitation, any implied warranties of merchantability for a particular purpose or fitness for a particular purpose. Obtaining Product(s) or services through the Sites is done at your own discretion and at your own risk. We make no warranty that the Sites, Products, services, or materials will be accurate and reliable in all instances. No advice or information, whether oral or written, obtained by you from us or through the Sites will create any warranty not expressly stated herein. Any Product(s), content downloaded or otherwise obtained through the Sites is downloaded at your own risk, and you will be solely responsible for any damage to your computer system(s) or mobile device(s) or for loss of data that results from such Product(s) or use of the Sites.

08 | Legal Advice Disclaimer for Our Products

You understand that we may offer template legal contracts, policies or agreements, as created and/or verified by attorneys or paralegals for sale through our Site and/or services. You acknowledge that we are not attorneys or paralegals nor do we offer legal advice. You acknowledge that we do not endorse any specific attorney or paralegal or any Product as being better than another. We do not guarantee the legal accuracy or applicability of any Product for your legal needs. You should engage an attorney or paralegal of your choosing to assist you with any legal needs that you may have.

09 | Limitation of Liability

In no event shall we be liable to you or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of these Terms, regardless of (a) whether such damages were foreseeable, (b) whether or not you were advised of such damages, or (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

You acknowledge and agree that our liability will under no circumstances exceed the actual amount paid by you for the Product(s) you have purchased through the Sites, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. The informal dispute resolution procedure detailed in the Arbitration section is available to you if you believe we have not performed our obligations under these Terms.

SECTION 10

Intellectual Property Use and Ownership

You acknowledge and agree that:

● Each Product marketed on the Sites is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

● Products, workshops, templates, and other resources available for sale or download on the Sites contain proprietary information and materials that are owned by Dakota Design Company, LLC. Duplicating, sharing, selling, or creating derivative works of our Products, workshops, templates, or other resources is considered stealing and is an infringement of our intellectual property rights.

● You will comply with all terms and conditions of the specific license agreement for any product you obtain through the Sites, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing creation of derivative works and

transfer of those licensed products. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product license agreements or the Terms.

● Dakota Design Company, LLC is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on the Sites and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through the Sites, or of any intellectual property rights relating to those products.

● If you violate this license or the Terms by giving or selling a copy of our template(s), workshop(s), or Product(s) to any third party, we reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our templates, workshops and Products permanently, and/or sue for any and all damages.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Product or content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Product or content for personal use, you in no way assume any ownership rights of the Product or content – it is still the property of Dakota Design Company, LLC. Any unauthorized use of any materials found in the Product or content shall constitute infringement.

In order to use our Products or content for your own commercial use, you must:

Receive our written permission;
Purchase a commercial license;
Sign a commercial licensing agreement.

11 | Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

12 | Trademarks

All trademarks, service marks, logos, and trade names displayed on the Site or in any Products or Content, including but not limited to “The Weekly Install®”, “Designed to Scale®” and their logos (collectively, the “Trademarks”), are proprietary to Dakota Design Company, LLC, and/or its affiliates or licensors, whether registered or unregistered. You may not use, reproduce, display, or modify these Trademarks without prior written consent from Dakota Design Company, LLC. Any unauthorized use of the Trademarks is strictly prohibited.

SECTION 13

Digital Millennium Copyright Act (DMCA) Notice

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner.

2. Identification of the copyrighted work claimed to have been infringed.

3. Identification of the material that is claimed to be infringing and that is requested to be removed or disabled, and information reasonably sufficient to permit us to locate the material.

4. Your contact information, including your name, address, telephone number, and email address.

5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Designated DMCA Agent:

Dakota Design Company, LLC
Email: team@dakotadesigncompany.com

Upon receipt of a valid DMCA notice, we will respond promptly and may remove or disable access to the allegedly infringing content.

We will also notify the party responsible for the content of the takedown request.

If the party responsible for the content believes it was removed by mistake, they may submit a counter-notification.

We respect the intellectual property rights of others and expects users of our Sites and services to do the same. If you believe that any content available on or through our Sites, Products and/or services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing the following information to our designated DMCA agent listed below:

14 | Security

Dakota Design Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or the security measures of our vendors or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

15 | Governing Law

By purchasing any Product or visiting the Sites, you have entered into this Agreement with us in the State of Illinois and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement, shall be determined in accordance with the laws of the State of Illinois, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

You agree to submit to the exclusive personal jurisdiction and subject matter jurisdiction of the federal and state courts located in Cook County, Illinois for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that the federal and state courts located in Cook County, Illinois are the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.

16 | Release and Indemnification

You hereby release Dakota Design Company from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Products, services, or the Sites. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY 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 WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”

You agree to defend, indemnify, and hold harmless Dakota Design Company and its and respective shareholders, owners, employees, contractors, agents, attorneys, accountants, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys’ fees) arising from: (a) your access to and use of a Product or Products, including any data transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties herein contained; (c) your violation of any third-party right, including, without limitation, any right of privacy or intellectual property right; (d) your violation of any law; (e) any content that you submit via the Sites, including, without limitation, misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access to and/or use of the Products or services with your credentials. We reserve the right, in our sole discretion and at our expense, to assume the exclusive defense and control of any such claims, in which case, you agree to cooperate as reasonably requested by us in the defense of such claims.

SECTION 17

ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DAKOTA DESIGN COMPANY.

This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Dakota Design Company that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Products or services, including receipt of any advertising or marketing communications; or (c) any other aspect of your relationship or transactions with Dakota Design Company, directly or indirectly, as a consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms.

You can reject and opt-out of this Arbitration Agreement within thirty (30) days of the earlier of your first access to the Sites or your first purchase of a Product by emailing Dakota Design Company at team@dakotadesigncompany.com with your full, legal name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

For any Claim, you agree to first contact us at team@dakotadesigncompany.com and to attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator

(the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in Cook County, Illinois, unless you and Dakota Design Company mutually agree otherwise. You acknowledge and understand that either (i) each of you and us will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, or (ii) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and Dakota Design Company agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, intellectual property rights, or other proprietary rights; or preventing you from asserting claims in small claims court, provided that your claims qualify, and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration

18 | Class Action/Jury Trial Waiver

REGARDLESS OF THE TYPE OF USER YOU ARE, INCLUDING WHETHER YOU ARE A NATURAL PERSON OR AN ENTITY, ANY CLAIM MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND DAKOTA DESIGN COMPANY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND DAKOTA DESIGN COMPANY FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DAKOTA DESIGN COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

19 | Entire Agreement

These Terms, together with any amendments and any additional agreements you may enter into with Dakota Design Company, LLC in connection with the purchase of a Product, will constitute the entire agreement between you and Dakota Design Company, LLC concerning the purchase of a Product or the use of the Sites. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

20 | Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

21 | INTERNATIONAL USERS

The Service is controlled, operated and administered by Dakota Design Company, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dakota Design Company, LLC Content accessed through www.dakotadesigncompany.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

22 | CHILDREN UNDER EIGHTEEN

Dakota Design Company, LLC does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under eighteen years of age, you may not visit the Sites or purchase Products from us.

23 | ELECTRONIC COMMUNICATIONS

Visiting www.dakotadesigncompany.com or sending emails to Dakota Design Company, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing.

24 | NO WAIVER

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario in these Terms that applies to your intended usage, please contact us at hello@dakotadesigncompany.com.

26 | Contact

If you have any questions, comments, or concerns regarding these Terms or a Product, please contact us at hello@dakotadesigncompany.com or via mail at 1509 Waukegan Road #1185, Glenview, IL 60025.

By clicking on the box when purchasing the Product, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these Terms of Use, do not purchase or use the Product or visit the Sites.