Please read this disclaimer
carefully before using this or any other web site, designed or
modified by Web Effects Design LLC. By using this site, you agree
to these terms. If you do not agree to these terms, please do
not use this or any of our sites.
By use of this web site, you agree to the following:
AGE OF USERS:
If you are younger than 13 years old, you must have permission
from your parent or guardian to use this web site and you must
not submit ANY information at all on this web site.
DISCLAIMER OF WARRANTIES:
EXCEPT AS LIMITED BY APPLICABLE LAW,
ALL MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS
WEB SITE ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED.WEB EFFECTS DESIGN, LLC
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE
WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE
WILL BE UNINTERRUPTED OR ERROR FREE. W.E.D. DOES NOT WARRANT THAT
THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. USE OF THE WEB SITE IS SOLELY AT YOUR
RISK.
LIMITATION OF LIABILITY:
EXCEPT AS LIMITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
WED, ITS MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS,
LICENSORS, AGENTS, AFFILIATED COMPANIES (INCLUDING OTHER WED CLIENTS),
AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM: THE USE OF, OR INABILITY TO USE THE
WEB SITE. THE DISCLOSURE OF, OR CORRUPTION, OR ERASURE OF, DATA
TRANSMITTED OR RECEIVED OR STORED ON ANY HOST SERVER ASSOCIATED
WITH THE WEB SITE, INCLUDING CREDIT CARD OR OTHER FINANCIAL TRANSACTIONS.
THE USE OF ANY OTHER MATERIALS OR SERVICES PROVIDED, OR PROMISED
TO BE PROVIDED. ANY OTHER ACTIVITIES ASSOCIATED WITH THE CREATION
OR USE OF THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF WED HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. NOTWITHSTANDING THE ABOVE, CLIENT'S EXCLUSIVE REMEDIES
FOR DAMAGES, LOSSES AND CAUSES OF ACTIONS WHETHER IN CONTRACT,
TORT INCLUDING NEGLIGENCE OR OTHERWISE, AND WHICH ARE DIRECTLY
RELATED TO WORK PERFORMED BY WED, SHALL NOT EXCEED THE EXACT DOLLAR
AMOUNT OF FEES, IF ANY, PAID TO WED.
INDEMNIFICATION:
EXCEPT AS LIMITED BY APPLICABLE LAW, UPON REQUEST BY WED, YOU AGREE
TO DEFEND, INDEMNIFY, AND HOLD HARMLESS WED, ITS MEMBERS, EMPLOYEES,
SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LISCENSORS, AGENTS, OR
OTHER AFFILIATED COMPANIES (INCLUDING OTHER WED CLIENTS), AND THEIR
EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES,
CLAIMS, AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM
THE CREATION OR USE OF THIS WEB SITE. WED RESERVES THE RIGHT TO
ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE
SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE
WITH WED IN ASSERTING ANY AVAILABLE DEFENSES.
CHOICE OF LAW AND FORUM:
This AGREEMENT shall governed by and construed in accordance with
the laws of the State of Arizona, excluding its conflicts of law
rules. You expressly agree that the exclusive jurisdiction, for
any claim or action arising out of or relating to goods or services
provided under or in relation to this AGREEMENT, shall be filed
only in the state or federal courts located in the State of Arizona,
and further agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim or
action.
SEVERABILITY:
If any part of this AGREEMENT is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable
law to reflect, as nearly as possible, the original intentions
of the parties, and the remaining portions shall remain in full
force and effect.
This agreement may be changed without notice. The user agrees to
be bound by the current version of this document.
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