TERMS AND CONDITIONS OF USE
Also see:
AGREEMENT BETWEEN CUSTOMER AND WEBCORE DESIGNS
This web site is offered to you, the customer, conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of this
web site constitutes your agreement to all such terms, conditions, and notices.
These are the terms and conditions of use (TOU) pursuant to which WebCore Designs (WebCore Designs, WebCore, we, us, or our) agrees to provide certain products or services to you, and which govern the rights and responsibilities between WebCore Designs and the entity purchasing, or using, those products or services (Customer, you or your). By using, purchasing or accessing WebCore Designs' products or services, you agree to be bound by this TOU, our Acceptable Conditions of Use Policy (ACUP), Level of Service Agreement, Privacy Policy, and Terms of Service (TOS), each of which is incorporated into our Legal Notice by this reference. We both agree that WebCore Designs' provision of products to you, and your continued use of them, whether such a use is directly with WebCore, or as a third party user of our products, represent an agreement to be bound by the TOU. It is your obligation to review this TOU and ensure you are able to comply with it.
These are the terms and conditions of use (TOU) pursuant to which WebCore Designs (WebCore Designs, WebCore, we, us, or our) agrees to provide certain products or services to you, and which govern the rights and responsibilities between WebCore Designs and the entity purchasing, or using, those products or services (Customer, you or your). By using, purchasing or accessing WebCore Designs' products or services, you agree to be bound by this TOU, our Acceptable Conditions of Use Policy (ACUP), Level of Service Agreement, Privacy Policy, and Terms of Service (TOS), each of which is incorporated into our Legal Notice by this reference. We both agree that WebCore Designs' provision of products to you, and your continued use of them, whether such a use is directly with WebCore, or as a third party user of our products, represent an agreement to be bound by the TOU. It is your obligation to review this TOU and ensure you are able to comply with it.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This web site is for your personal and noncommercial use. The content and information
on this web site (including, without limitation, price and availability of web site
design, maintenance, and hosting services), as well as the infrastructure used to
provide such content and information, is proprietary to WebCore Designs or its
suppliers and providers. Accordingly, as a condition of using this web site, you
agree not to use this web site or its contents or information for any commercial or
non-personal purpose (direct or indirect). You agree not to modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software, products, or services obtained
from this web site without our express written permission. In addition, whether or not
you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of WebCore Designs;
- violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;
- take any action that imposes, or may impose, in the discretion of WebCore Designs, an unreasonable or disproportionately large load on the WebCore Designs infrastructure; or
- deep-link to any portion of this web site for any purpose without express written permission of WebCore Designs.
RIGHT AND TRADEMARK NOTICES
All contents of this web site are: 2009 WebCore Designs, 4546 E. Ashlan
Ave., Suite #3202, Fresno, CA 93726 USA. All rights reserved. WebCore Designs and
related logos are either registered or non-registered trademarks of WebCore Designs.
Other product and company names contained within our website, may be the trademarks
of their respective owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT, OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WEBCORE DESIGNS OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CARRIERS AND OTHER SUPLIERS PROVIDING SERVICES FOR WEBCORE DESIGNS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WEBCORE DESIGNS OR ITS AFFILIATES. WEBCORE DESIGNS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL AND/OR LOSS OF PROFITS), ARISING IN CONTRACT, TORT OR OTHERWISE. WEBCORE DESIGNS AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT, OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WEBCORE DESIGNS OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE CARRIERS AND OTHER SUPLIERS PROVIDING SERVICES FOR WEBCORE DESIGNS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WEBCORE DESIGNS OR ITS AFFILIATES. WEBCORE DESIGNS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WITHOUT LIMITATION, ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL AND/OR LOSS OF PROFITS), ARISING IN CONTRACT, TORT OR OTHERWISE. WEBCORE DESIGNS AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEBCORE DESIGNS, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify WebCore Designs, its affiliates, parent and
subsidiary companies and/or their respective suppliers and any of their officers,
directors, shareholders, employees, representatives, independent contractors and
agents from and against Any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature including
but not limited to reasonable legal and Accounting fees, brought by
- you or on your behalf in excess of the liability described above; or
- by third parties as a result of:
(a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant that you will not use this
Web site for any purpose that is unlawful or prohibited by these terms, conditions,
and notices.
ACCESS TO THIS WEBSITE
WebCore Designs does not guarantee uninterrupted and/or reliable access to this
website and WebCore Designs makes no guarantees whatsoever as to its operation,
availability, functionality or otherwise. Further, WebCore Designs expressly reserves
the right (without giving notice) to discontinue access to this website at any time
and for any reason. WebCore Designs shall have no liability to in the event that this
website is unavailable at any time and whether such non-availability is temporary or
permanent.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than
WebCore Designs. Such hyperlinks are provided for your reference only. WebCore Designs
does not control such web sites and is not responsible for their contents or your
use of them. WebCore Designs inclusion of hyperlinks to such web sites does not imply
any endorsement of the material on such web sites or any association with their
operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that may be made available to download from this Web site ("Software") is
the copyrighted work of WebCore Designs, its affiliates, and/or their suppliers. Your
use of the Software is governed by the terms of the end user license agreement, if any,
which accompanies, or is included with, the Software ("License Agreement"). You may not
install or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, WebCore Designs hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all XHTML and CSS codes contained on this web site, is owned by WebCore Designs, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or codes is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
For any Software not accompanied by a License Agreement, WebCore Designs hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all XHTML and CSS codes contained on this web site, is owned by WebCore Designs, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software or codes is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
WebCore Designs reserves the right to change the terms, conditions, and notices under
which this web site is offered and you agree to accept and be bound by those terms,
conditions, and notices that are in effect at the time of your use of WebCore Designs'
Website.
GENERAL
This agreement is governed by the laws of the State of California, USA. You hereby
consent to the exclusive jurisdiction and venue of courts in Fresno County, California,
USA, in all disputes arising out of or relating to the use of this web site. Use of
this web site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WebCore Designs as a result of this agreement or use of this web site.
WebCore Designs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WebCore Designs' right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WebCore Designs with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and WebCore Designs with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and WebCore Designs with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Notice was produced and posted on WebCore Designs' web site on October 19, 2009. WebCore Designs reserves the right to modify or amend this Notice at any time and for any reason. If you have questions about this notice, please e-mail us.
Copyright © 2009 WebCore Designs. Any rights not expressly granted herein are reserved.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WebCore Designs as a result of this agreement or use of this web site.
WebCore Designs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WebCore Designs' right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WebCore Designs with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and WebCore Designs with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and WebCore Designs with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Notice was produced and posted on WebCore Designs' web site on October 19, 2009. WebCore Designs reserves the right to modify or amend this Notice at any time and for any reason. If you have questions about this notice, please e-mail us.
Copyright © 2009 WebCore Designs. Any rights not expressly granted herein are reserved.