The www.webitsites.com Web Site (the
"Site") is an online information service provided by WEBITsites and
Computer Solutions, Inc. ("www.webitsites.com "), subject to your
compliance with the terms and conditions set forth below. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET
FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.webitsites.com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws. The owner of
the copyrights and trademarks are www.webitsites.com, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices from
the materials. You agree to grant to www.webitsites.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to www.webitsites.com by all means and in any media now known or
hereafter developed. You also grant to www.webitsites.com the right to
use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no
recourse against www.webitsites.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to www.webitsites.com.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or
servicemarks of www.webitsites.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied
by www.webitsites.com, www.webitsites.comdoes not operate, control or
endorse any information, products or services on the Internet in any
way. Except for www.webitsites.com- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are
not affiliated with www.webitsites.com a. You also understand that
www.webitsites.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.webitsites.com
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND www.webitsites.com SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
www.webitsites.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. www.webitsites.com HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.webitsites.com BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR
ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.webitsites.com OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
www.webitsites.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
www.webitsites.com makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-www.webitsites.com
web site, please understand that it is independent from
www.webitsites.com, and that www.webitsites.com has no control over the
content on that web site. In addition, a link to a www.webitsites.com
web site does not mean that www.webitsites.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless www.webitsites.com, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit of
www.webitsites.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the
Service. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The provisions
of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of United States of America
applicable to agreements made and to be performed in United States of
America. You agree that any legal action or proceeding between
www.webitsites.com and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in United
States of America . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. www.webitsites.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. www.webitsites.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein
are reserved.
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