These Terms shall govern the use of
the Web Site and apply to all Internet traffic visiting the Web Site. By
accessing or using this Web Site, you agree to the Terms. The Terms are
meant to protect all of our Web Site visitors and your use of this Web
Site signifies your agreement with these Terms. IF YOU DO NOT AGREE
WITH THESE TERMS, DO NOT USE THIS WEB SITE.
GenWeb Designs
(“We”, “Us”, “Our”) reserves the right, in its sole
discretion, to modify, alter or otherwise update these Terms at any
time. Such modifications shall be effective immediately upon posting. By
using this Web Site after we have posted notice of such modifications,
alterations or updates you agree to be bound by such revised Terms.
In accordance with our
goals, this Web Site will permit you to link to many other web sites,
that may or may not be affiliated with this Web Site and/or GenWeb Designs,
and that may have terms of use that differ from, or contain terms in
addition to, the terms specified here. Your access to such web sites
through links provided on this Web Site is governed by the terms of use
and policies of those sites, not this Web Site.
PRIVACY
Registration data and
certain other information about you is subject to our Privacy Policy.
For a copy of this policy, please click
here.
LINKS
This Web Site may contain
links to other web sites ("Linked Sites"). The Linked Sites
are provided for your convenience and information only and, as such, you
access them at your own risk. The content of any Linked Sites is not
under GenWeb Designs's control, and GenWeb Designs is not
responsible for, and does not endorse, such content, whether or not GenWeb Designs
is affiliated with the owners of such Linked Sites. You may not
establish a hyperlink to this Web Site or provide any links that state
or imply any sponsorship or endorsement of your web site by GenWeb Designs.
DISCLAIMER OF WARRANTIES
AND LIABILITY
ALL CONTENT ON THIS WEB SITE
IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S.
LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION, GenWeb Designs DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NEITHER GenWeb Designs, , NOR THE PROVIDERS, NOR ANY
PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS
WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS
PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. GenWeb Designs
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY,
ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE
OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT GenWeb Designs)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER GenWeb Designs,
(INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND
THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR
ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION,
HOSTING, AND/OR OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO
ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER
CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM
THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE
(INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE
OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, GenWeb Designs AND RELATED PERSONS AND ENTITIES
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE
OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB
SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GenWeb Designs IS
NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, GenWeb Designs'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify,
defend, and hold harmless GenWeb Designs, the Providers, and Web
Site hosting service providers, and its and their officers, directors,
employees, affiliates, agents, licensors, and suppliers from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation by you of these Terms
THIRD PARTY RIGHTS
These Terms are for the
benefit of GenWeb Designs, its Providers, and Web Site hosting
service providers, and its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce these Terms
directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified,
the Content contained in this Web Site is presented solely for your
convenience and/or information. This Web Site is controlled and operated
by GenWeb Designs from its offices within Akron, OH. GenWeb Designs
makes no representation that Content in its Web Site is appropriate or
available for use in other locations. Those who choose to access this
Web Site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. You may not use or export the materials in this Web
Site in violation of U.S. export laws and regulations. These Terms shall
be governed by, construed and enforced in accordance with the laws of
the State of Ohio, as they are applied to agreements entered into
and to be performed entirely within such State. Any action you, any
third party or GenWeb Designs brings to enforce these Terms, or
in connection with any matters related to this Web Site, shall be
brought only in either the state or Federal courts located in and for
Cuyahoga County, Ohio and you expressly consent to the jurisdiction
of said courts. If any provision of these Terms shall be unlawful, void
or for any reason unenforceable, then that provision shall be deemed
sever able from these Terms and shall not affect the validity and
enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and
conditions of these Terms, and each obligation referenced herein,
represent the entire Agreement between GenWeb Designs, its
affiliated or related entities, and you, and supersede any prior
agreements or understandings not incorporated herein. In the event that
any inconsistencies exist between these Terms and any future published
terms of use or understanding, the last published Terms or terms of use
or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY
GRANTED HEREIN ARE RESERVED BY GenWeb Designs.
Last Revised - January 1, 2008.
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