PLEASE READ THE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this
web site as a service to our customers, and by using our site you are agreeing
to comply with and be bound by the following terms of use. Please review the
following terms and conditions carefully, and check them periodically for
changes. If you do not agree to the terms and conditions, you should not review
information or obtain goods, services or products from this website.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO
PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement.
You agree to
the terms and conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our website (
wewd.com "Wards Enterprise Web
Design"). This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to our website, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by us at any time and
from time to time without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using our
website.
2. Copyright.
The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to our website are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of our website, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such
information and materials.
3. Fraud:
By becoming a member, you confirm
that the information provided in this form is true and that you agree to abide
by the Terms and Conditions of use of this site. Please note that your
membership can be canceled without notice if it is determined that false or
misleading information has been provided, the Terms and Conditions of use have
been violated, or other abuses have occurred as determined by Wards Enterprise
Web Design, Inc.. in its sole discretion. If membership has been revoked, Wards
Enterprise Web Design, Inc.. reserves the right to refuse application or
readmission to the membership program.
4. Limited Right to Use.
The
viewing, printing or downloading of any content, graphic, form or document from
the Site grants you only a limited, nonexclusive license for use solely by you
for your own personal use and not for republication, distribution, assignment,
sub license, sale, preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
5. Editing,
Deleting and Modification.
We reserve the right in our sole discretion to
edit or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of our website.
6. Indemnification.
You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
7. Nontransferable.
Your right to use Wards Enterprise
Web Design website is not transferable. Any password or right given to you to
obtain information or documents is not transferable and may only be used by you.
8. Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
9. Limits.
All responsibility or liability for any
damages caused by viruses contained within the electronic file containing the
form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR WEBSITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you pay for any goods,
services or information.
10. Use of Information.
We reserve the
right, and you authorize us, to the use and assignment of all information
regarding our website uses by you and all information provided by you in any
manner consistent with our Privacy Policy.
11. Third-Party Services.
We allow access to or advertise third-party merchant websites ("Merchants") from
which you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH
MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE
LINKED TO OUR WEBSITE.
12. Third-Party Merchant Policies.
All rules,
policies (including privacy policies) and operating procedures of Merchants will
apply to you while on such websites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations or commitments on
behalf of the other.
13. Privacy Policy.
Our Privacy Policy as it may
change from time to time, is a part of this Agreement.
14. Payments.
You represent and warrant that if you are purchasing something from us or from
our Merchants that (i) any credit card information you supply is true, correct
and complete, (i) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
15. Securities
Laws.
This website may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our website,
words like "anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for
forward-looking statements. The website and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
16. Links to Other Websites.
The website
contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us. Inclusion
of any linked Web site on our website does not imply approval or endorsement of
the linked Web site by us. If you decide to leave our website and access these
third-party websites, you do so at your own risk.
17. Submissions.
All
suggestions, ideas, notes, concepts and other information you may from time to
time send to us (collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence on
our part. Without limiting the foregoing, we shall be deemed to own all known
and hereafter existing rights of every kind and nature regarding the Submissions
and shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
18. Return
Policy.
Due to the nature of our online site, and the products listed, we
Wards Enterprise Web Design, Inc.. have a strict NO RETURN policy for any
product. No product shall be able to be returned for a like item, or for a cash
refund. (THIS SECTION CAN BE CHANGED AS TO YOUR RETURN POLICY)
19. Venue;
Applicable Law.
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR
INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT
COURT OF UNITED STATES OF AMERICA, Illinois OR THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ILLINOIS. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN
ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS,
AND ARE WAIVING ANY CLAIM THAT CHICAGO, ILLINOIS OR THE DISTRICT OF ILLINOIS IS
AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is
created and controlled by Wards Enterprise Web Design, Inc.., a wholey owned
subsidiary of in the State of ILLINOIS, USA. As such, the laws of ILLINOIS will
govern the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of conflicts of
laws.
20. Lapsed Accounts:
In order to keep Wards Enterprise Web Design, Inc.
Membership roster current, if a Member does not access his or her account
for a period of 30 days or more, Wards Enterprise Web Design, Inc.. may, in its
sole discretion, terminate such Member's account. Wards Enterprise Web Design,
Inc.. will endeavor to notify a Member of Wards Enterprise Web Design, Inc..
intent to terminate such Member's account by notice to such Member's provided
email address at least 30 days prior to deactivation. If the Member fails to
respond to such email notice with 30 days after the day it is sent by Wards
Enterprise Web Design, Inc.., such Member's account will be terminated as noted
above. Therefore, 30 strongly recommends that all Members keep their accounts
and contact data current and in use. While Wards Enterprise Web Design, Inc..
desires to prevent active accounts from being terminated prematurely, Wards
Enterprise Web Design, Inc.. has no obligation to maintain accounts that appear
to Wards Enterprise Web Design, Inc.. to have been abandoned. Each Member agrees
that failure to access his or her account for 30 days or more conclusively
indicates that such Member's account has been abandoned and that the account may
therefore be terminated.
21. Verify Members' Address:
Wards Enterprise Web Design, Inc. reserves the right to contact a Member
via email to verify the accuracy of account information (including the Member's
correct name and address) that is needed to provide the Member with the information
he or she requested from Wards Enterprise Web Design, Inc.
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