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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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