The following terms and conditions govern use of all content, services, and products (the “Service”) provided by Pattern Engine, Inc. (“Pattern Engine”) and/or available on the Pattern Engine website (the “Site”), including, but not limited to the Deca product and related services. The Service is owned and operated by Pattern Engine. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site (collectively, the “Agreement”).
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site, you agree to become bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Pattern Engine, acceptance is expressly limited to these terms.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. Pattern Engine cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Pattern Engine of any unauthorized uses of your account, or any other breaches of security. Pattern Engine will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
If you make (or allow any third party to make) material available through the Site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, Pattern Engine has the right (though not the obligation) to, in Pattern Engine’s sole discretion:
As a user, you may deactivate your account at any time. Personally identifying information such as your name, username, and profile photo will no longer be associated with Content you have posted.
You agree to pay Pattern Engine the fees indicated for the Service. When payments begin, they will be charged on a pre-pay basis and will cover the use of the Service for the period as indicated. Fees are non-refundable; except that you may cancel renewed subscription by contacting Pattern Engine within thirty (30) calendar days after renewal date and receive a full refund of the new subscription fees.
Unless you notify Pattern Engine seven (7) days before the end of the applicable period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
You may cancel your subscription within 30 days of the fees payment by logging in to your Pattern Engine account page.
We reserve the right to modify these terms at any time and modified terms are effective upon posting to the Site. We will make reasonable efforts to inform you of these changes via email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Pattern Engine may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pattern Engine may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pattern Engine account (if you have one), you may deactivate or delete your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICE IS PROVIDED “AS IS”. PATTERN ENGINE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PATTERN ENGINE NOR ITS SUPPLIERS AND LICENSORS, MAKE ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.
In no event will Pattern Engine, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for:
You represent and warrant that:
You agree to indemnify and hold harmless Pattern Engine, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pattern Engine and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of Pattern Engine, or by the posting by Pattern Engine of a revised version. Any and all disputes arising of this Agreement, termination, or our relationship with you shall be determined by applying laws of the State of Delaware.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement without written consent from Pattern Engine; Pattern Engine may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By using this Site, you agree that any and all disputes, claims or controversies that you may have against Pattern Engine arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by Pattern Engine or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, or Solano counties in California, USA or at such other location as may be mutually agreed upon by Pattern Engine and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pattern Engine will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND PATTERN ENGINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against Pattern Engine must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Pattern Engine will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Pattern Engine, Pattern Engine may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Pattern Engine's address for Notice is:
P.O. Box 410751
San Francisco, CA 94141
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Pattern Engine may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Pattern Engine shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.