Name: Rick Williams.
Address:
Williams Webpage Design, Inc.
27 Fernwood Road
Bristol, RI 02809
e-mail:
williams@wwpdesign.com
If
I link to another Web site and provide information to that Web
site, how will that information be handled?
This
Site may contain links to other Web sites. If you link to another
Web site, you will leave this Site and this Policy will not apply
to your use of, and activities on, those other Web sites. We encourage
you to read the legal notices posted on those other Web sites,
including their privacy policies. We shall have no responsibility
or liability for your visitation to, and the data collection and
use practices of, those Web sites.
License; Submissions
Please note that, because we
may host forums on the Site and therefore redistribute materials
you give us, we need to obtain certain rights in those materials.
You hereby grant to us a royalty-free, perpetual, sub-licensable,
irrevocable, assignable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, digitally perform, publicly perform and
display any content, material and/or your name posted on the Site
(collectively, the “Material”), (in whole or in part)
worldwide and/or to incorporate it in other works in any form,
media or technology now known or later developed, for any purpose
whatsoever, commercial or otherwise, without compensation to or
prior approval by you. By submitting or sending Material to the
Site you represent and warrant that (1) the Material is original
to you, (2) no other party has any rights to the Material, and
(3) the Material is not subject to any obligation, whether of
confidentiality, attribution or otherwise, on our part and we
shall not be liable for any use or disclosure of any Material.
You also warrant that any “moral rights” in posted materials
have been waived.
Third-Party
Content
The Site
contains content supplied by parties other than us. Any opinions,
advice, judgments, statements, services, offers, or other information
or content expressed or made available by such third parties,
including information providers, are those of the respective author(s)
or distributor(s) and not of us. Neither we nor any third-party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose. Your use of certain services on the
Site may be governed by additional rules, which shall be available
on the Site. By using any service you acknowledge that you have
reviewed all corresponding rules and agree to be bound by them.
Third
Party Sites
You
acknowledge and agree that we have no responsibility for the accuracy
or availability of information provided by Web sites to which
you may link from this Site (“Linked Sites”). Links
to Linked Sites do not constitute an endorsement by or association
with us of such sites or the content, products, advertising or
other materials presented on such sites. We do not author, edit,
or monitor these Linked Sites. You acknowledge and agree that
we are not responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on such Linked Sites.
Product
Descriptions
While
we, and our affiliates, attempt to provide accurate information
on the Site, we do not warrant that product descriptions or other
content on this Site will be accurate, complete, reliable, current,
or error-free. Your sole remedy for the purchase of any product
on the Site is to return it for a full or partial refund as set
forth in the shipping contract governing such purchase.
Disclaimer
of Warranty; Limitation of Liability
YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS
IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION UNDER LAW.
YOU SPECIFICALLY ACKNOWLEDGE
THAT MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS,
SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE
OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT
OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF
THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF MSO OR SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WWPDESIGN
NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY
OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY
ANYONE. UNDER NO CIRCUMSTANCES WILL WWPDESIGN BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED
THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.
Monitoring
We shall have the right, but
not the obligation, to monitor the content of the Site, to determine
compliance with these Terms of Use and any other operating rules
established by us. We shall have the right in our sole discretion
to edit, refuse to post or remove any material submitted to or
posted on the Site that we find to be in violation of these Terms
of Use or is otherwise objectionable or stale, to disclose such
materials and the circumstances surrounding their transmission
to any third party in order to operate the Site properly; to protect
ourselves, our sponsors, and our Members and visitors, and to
comply with legal obligations or governmental requests. Notwithstanding
these rights or obligations of WWPDESIGN, you shall remain solely
responsible for any information that you post, transmit or otherwise
make available on or through the Site. You acknowledge and agree
that neither we nor any third party content provider shall assume
or have any liability for any action or inaction by us or any
third party content provider with respect to any conduct, communication
or posting on the Site.
Indemnification
You agree to defend, indemnify,
and hold harmless WWPDESIGN, its affiliates, third party service
providers, and their respective directors, officers, employees,
owners, licensors, licensees, and agents from and against all
claims, damages, losses, costs and expenses, including reasonable
attorneys' fees, arising out of a breach of these Terms of Use
by you and/or your activities in connection with the Site or any
services related to the Site. We may participate in the defense
of any claim at its own cost. You shall not settle any claim that
affects us without our prior written approval.
Termination
Your only right with respect
to any dissatisfaction with (1) these Terms of Use, (2) any policy
or practice of ours in operating the Site, or (3) any content
available through the Site or any change therein, is to stop visiting
and using the Site. We may terminate your use of the Site, including
without limitation, your membership in the Site, at any time,
in its sole discretion.
Equipment
You shall be responsible for
obtaining and maintaining all telephone, computer hardware, and
other equipment needed for access to and use of the Site, and
you are responsible for all charges related thereto.
Security
We take reasonable precautions
to safeguard information transmitted between visitors and the
Site and information stored on our servers. Despite these efforts,
however, we may be unable to prevent and shall not be responsible
for unauthorized access to such information by third parties.
Miscellaneous
These Terms of Use and any
operating rules for the Site established by us constitute the
entire understanding of the parties with respect to the use of
the Site. We control and operate this Site from our offices in
the United States of America. We do not represent that materials
on the Site are appropriate or available for use in other locations.
Persons who choose to access this Site from other locations do
so on their own initiative and at their own risk, and are responsible
for compliance with local laws, if and to the extent local laws
are applicable. These Terms of Use shall be construed in accordance
with the laws of the State of Rhode Island, without regard to
its conflict of laws rules. You agree to personal jurisdiction
by the federal and state courts located in Bristol County, Rhode
Island State. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import. You agree that regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site by you will have
no validity whatsoever and will be forever barred. If any provision
of these Terms of Use is found to be unenforceable for any reason,
than that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions.
Our
Address
Williams
Webpage Design, Inc.
27
Fernwood Road
Bristol,
RI 02809
http://www.wwpdesign.com
Permissions
If you are interested in reproducing
any Site Content, you will need our permission, which we may approve
or deny in our sole discretion. Please send your request to:
Williams Webpage Design, Inc.
27 Fernwood Road
Bristol, RI 02809
http://www.wwpdesign.com
Attn: Permissions Department
Linking
To Our Site
If
you are interested in linking to our Site from your site, please
e-mail your request, which we may approve or deny in our sole
discretion, to williams@wwpdesign.com.