ChrisWilliamsWebDesign.com Terms of Use & Privacy Policy

1. ACCEPTANCE OF TERMS

1.1 Read these Terms of Use ("Terms") carefully before You ("You") accept these Terms by: (a) placing an order through chriswilliamswebdesign.com and/or (b) use the chriswilliamswebdesign.com website ("Website") in any other manner. If You do not agree to all of these terms, do not use this Website.
1.2 The Terms are entered into by and between Chris Williams Web Design and You. If you are using the Services on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer's behalf. Chris Williams Web Design provides the Chris Williams Web Design online store and other on-line resources accessible via chriswilliamswebdesign.com (the "Services") to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Services, including the release of new Chris Williams Web Design resources. In addition to the Terms and unless otherwise noted, the Chris Williams Web Design Standard License governs purchases You make through chriswilliamswebdesign.com, unless You have currently in effect a separate written purchase or license agreement with Chris Williams Web Design for that product, in which case that separate agreement governs. If there is a conflict between: (a) these Terms, and (b) either the Chris Williams Web Design Standard License or other applicable purchase or license agreement, the latter prevail.

2. YOUR OBLIGATIONS

In consideration of Your use of the Services, You agree to be solely responsible for: (a) providing true, accurate, current, and complete information about You as prompted by the Service's registration form (the "Registration Data"), and (b) maintaining and promptly updating the Registration Data to keep it true, accurate, current and complete. You are solely responsible for the security of your password. Chris Williams Web Design is not liable for any unauthorized use of the Website or Services. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of Your existing contracts to assist You in purchasing, maintaining and supporting Your Chris Williams Web Design products. By using this Website and registering for such Services, You consent to Chris Williams Web Design's display of such information via the Services and accept all risks of unauthorized access to such information. If You provide any information that is false, inaccurate, out of date, or incomplete, or Chris Williams Web Design has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Chris Williams Web Design may suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

3. CONFIDENTIALITY OF Chris Williams Web Design INFORMATION

In order to gain access to the Services, You agree to these confidentiality provisions:

3.1 You acknowledge that You may obtain direct access via the Website to certain Chris Williams Web Design confidential information ("Information"). You must hold Information in strict confidence and may provide Information to employees in your organization only on a need-to-know basis. You may use the Information from the Website solely for the purpose of purchasing, maintaining and supporting Your Chris Williams Web Design products. Title to Information remains with Chris Williams Web Design and its suppliers. You agree, either as an individual or on behalf of Your employer, to be bound by the provisions of this Section 3. Furthermore, if You are acting on behalf of Your employer, Your employer agrees to indemnify You for violations of this Section 3.
3.2 You do not acquire any rights in Information, except the limited right to use Information as described above.
3.3 Any breach of the Terms will result in irreparable harm to Chris Williams Web Design for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Chris Williams Web Design will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Chris Williams Web Design seeks such an injunction.
3.4 Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Chris Williams Web Design's written request, You must cease use of Information and return or destroy all Information.
3.5 The Terms impose no obligation upon You with respect to Information that You can establish by legally sufficient evidence: (a) You possessed, or knew, prior to Your receipt from Chris Williams Web Design, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Chris Williams Web Design adequate to afford Chris Williams Web Design the opportunity to object to the disclosure.

4. YOUR CONDUCT

4.1 You understand that all information, data, text, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not Chris Williams Web Design, are entirely responsible for all Content that You upload, post or otherwise transmit via the Services. Chris Williams Web Design does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
4.2 While it is not our intent to monitor Your online communications, Chris Williams Web Design reserves the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these Terms. Chris Williams Web Design may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions ("Restrictions") may also result in the termination or suspension of your account. These Restrictions apply to all content provided to or through the Services, including email messages, newsgroup postings, chat, and personal or business web pages.
4.3 You agree not to post or store on chriswilliamswebdesign.com any Content that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
4.4 You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to use any Chris Williams Web Design domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Services. Furthermore, You agree not to transmit unsolicited or bulk communications to any Chris Williams Web Design account holder or to any chriswilliamswebdesign.com email address (regardless of whether You use the Services to transmit any such communication).
4.5 You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, You agree not to use the Services to:
· (a) impersonate any person or entity, including, but not limited to, a Chris Williams Web Design official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
· (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to chriswilliamswebdesign.com from another accessible page);
· (c) upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· (d) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· (e) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
· (f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
· (g) collect or store personal data about other users.

5. CONTENT SUBMITTED TO Chris Williams Web Design

5.1 Chris Williams Web Design does not claim ownership of the Content You place on the website. By submitting Content to Chris Williams Web Design for inclusion on the website, You grant Chris Williams Web Design and all other users of chriswilliamswebdesign.com a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form).
5.2 You acknowledge that Chris Williams Web Design does not pre-screen Content, but that Chris Williams Web Design and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Services. Without limiting the foregoing, Chris Williams Web Design and its designees may disable, restrict access to or the availability of, any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
5.3 Unless otherwise explicitly stated, herein, any Content provided by You in connection with this Website shall be deemed to be provided on a nonproprietary and nonconfidential basis. Chris Williams Web Design shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Content that You submit, and You, not Chris Williams Web Design, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright.

6. SPAM EMAIL AND POSTINGS.

You agree that Chris Williams Web Design would be irreparably harmed by the use, by You or others, of Chris Williams Web Design's Services or facilities in connection with the transmission of spam newsgroup postings or unsolicited email in violation of these Terms, and that Chris Williams Web Design is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Chris Williams Web Design reserves the right to block, filter or delete unsolicited email.

7. INDEMNITY

You agree to indemnify and hold Chris Williams Web Design, and its subsidiaries, affiliates, officers, agents, co-branders, alliance members, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, including any use by Your employees, Your connection to the Services, Your violation of the Terms, or Your violation of any rights of another.

8. NOTICES; MODIFICATION AND TERMINATION OF SERVICES

Chris Williams Web Design may provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Services. Chris Williams Web Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Chris Williams Web Design may make changes to the Chris Williams Web Design on-line store, including regarding products, services, programs, and prices, at any time without notice. Chris Williams Web Design, in its sole discretion, may terminate Your password, Your use of the Services or use of any other Chris Williams Web Design service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Chris Williams Web Design believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Services under any provision of the Terms may be effected without prior notice, and Chris Williams Web Design may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Services. Further, Chris Williams Web Design will not be liable to You or any third-party for any termination, modification, or suspension of the Services.

9. ADVERTISEMENTS AND PROMOTIONS

Chris Williams Web Design may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Chris Williams Web Design found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Chris Williams Web Design is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Chris Williams Web Design advertisers on the Services.

10. LINKS

10.1 The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Chris Williams Web Design has no control over such sites and resources, You acknowledge and agree that Chris Williams Web Design is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. Chris Williams Web Design will not be 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 or through any such site or resource.
10.2 This Website may be linked to other websites which are not under the control of and are not maintained by Chris Williams Web Design. Chris Williams Web Design is not responsible for the content of those sites. Chris Williams Web Design is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Chris Williams Web Design of those sites.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 The Services and any software (including any downloads available at the Website or otherwise provided by Chris Williams Web Design) used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Chris Williams Web Design or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
11.2 You may use the Software and related Services only subject to the agreement or license that accompanies such Software or Services. You may use Services only during their specified term, for the enumerated number of times, for the specified number of individuals, or as otherwise limited in the applicable agreement or license. Services involving an update, version release, product release, maintenance release, patch or derivative work of a licensed Software or Service may be used only: (a) on systems for which such Software or Service were specifically licensed; and (b) subject to the license and warranty term governing the original product or Service.
11.3 You must not modify, decompile, or reverse engineer any Software Chris Williams Web Design discloses to You, and must not remove, overprint, or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Software or Information from the Services.
11.4 "Chris Williams Web Design Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations Chris Williams Web Design uses in connection with Products or Services. Customer may not remove or alter any Chris Williams Web Design Trademarks. Customer acknowledges Chris Williams Web Design's rights in Chris Williams Web Design Trademarks. Customer agrees not to incorporate any Chris Williams Web Design Trademarks into Customer's trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
11.5 Chris Williams Web Design is committed to respecting others' intellectual property rights, and we ask our users to do the same. Chris Williams Web Design may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.
11.6 All Content provided on this Website is provided by or to Chris Williams Web Design by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of Chris Williams Web Design and/or the Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Chris Williams Web Design or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Chris Williams Web Design. You also may not, without Chris Williams Web Design's prior express written permission, "mirror" any Content contained on this Website on any other server.
11.7 Nothing on this Website shall be construed as conferring any license under any of Chris Williams Web Design's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
11.8 Permission is granted to display, copy, distribute and download Chris Williams Web Design's Content on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Content.
11.9 Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11.10 Content provided by Third Party Providers has not been independently authenticated in whole or in part by Chris Williams Web Design. Chris Williams Web Design does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by Chris Williams Web Design.

12. DISCLAIMER OF WARRANTIES

12.1 YOUR USE OF THE SERVICES AND ANY SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL USE ONLY. Chris Williams Web Design DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. Chris Williams Web Design MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. Chris Williams Web Design MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL Chris Williams Web Design OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
12.2 Chris Williams Web Design MAKES NO WARRANTY OR CONDITION THAT: (i) THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Chris Williams Web Design OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. Chris Williams Web Design'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.

13. LIMITATION OF LIABILITY

13.1 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, Chris Williams Web Design IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF Chris Williams Web Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
13.2 YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST Chris Williams Web Design FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
13.3 YOU AGREE TO HOLD Chris Williams Web Design HARMLESS FROM, AND YOU COVENANT NOT TO SUE Chris Williams Web Design FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

14. GENERAL INFORMATION

14.1 The Terms constitute the entire agreement between You and Chris Williams Web Design and govern Your use of the Services, superseding any prior agreements between You and Chris Williams Web Design (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Chris Williams Web Design services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4, 10, 11, 12, 13 and 14 survive termination of the Terms.
14.2 Nevada law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Chris Williams Web Design agree to submit to the personal and exclusive jurisdiction of the state courts located within the county of Clark, Nevada.
14.3 Chris Williams Web Design controls and operates this Website from its headquarters in the United States of America and makes no representation that this Content is appropriate or available for use in other locations. If You use this Website from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
14.4 You acknowledge and agree that Content is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Content contrary to U.S. law is prohibited. You agree that none of the Content, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
14.5 This Website could include inaccuracies or typographical errors. Chris Williams Web Design and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Chris Williams Web Design may amend these Terms at any time by posting the amended terms on this site.
14.6 The failure of Chris Williams Web Design to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
14.7 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.

End User License Agreement

This End-User License Agreement (this “Agreement”) is a legal contract between you, as either an individual or a single business entity, and Chris Williams Web Design and its affiliates.

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING Chris Williams Web Design's PROPRIETARY SOFTWARE, (the “Software”) OR OBTAINING A LICENSE KEY TO THE SOFTWARE OR USING THE SOFTWARE.

THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU. BY DOWNLOADING THE SOFTWARE OR OBTAINING A LICENSE KEY TO THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK THE “I DO NOT ACCEPT” BUTTON BELOW, TERMINATE THE DOWNLOAD PROCESS, AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND Chris Williams Web Design CONCERNING THE SOFTWARE, AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH Chris Williams Web Design RELATING TO THE SOFTWARE.

1. License

1.1. Grant of License. Chris Williams Web Design hereby grants to you, and you accept, a limited, nonexclusive license to use the Software in machine-readable, object code form only, and the user manuals accompanying the Software (the “Documentation”), only as authorized in this Agreement. For purposes of this Agreement, the “Software” includes any updates, enhancements, modifications, revisions, or additions to the Software made by Chris Williams Web Design and made available to end-users through Chris Williams Web Design's web site. Notwithstanding the foregoing, Chris Williams Web Design shall be under no obligation to provide any updates, enhancements, modifications, revisions, or additions to the Software
1.2. Scope of Use. You may use one copy of the Software activated by a license key on a single server (virtual or physical) owned, leased, or otherwise controlled by you, at a single time. If you have multiple license keys for the Software, you may make and use as many copies of the Software as you have license keys. For purposes of this Agreement, “use” of the software means loading the Software into the temporary or permanent memory of a computer. Installation of the Software on a network server solely for distribution to other computers is not “use” of the Software, and is permitted, as long as you have a license key for each server (virtual or physical) to which the Software is distributed. The Software may not be used on or distributed to a greater number of computers than you have license keys. If you use or distribute the Software to multiple users, you must ensure that the number of users does not exceed the number of license keys you have obtained, or you will be in breach of this Agreement.
1.3. Copies and Modifications. You may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. You may make one copy of the Software, the Documentation, and any license keys that you have obtained, solely for backup or archival purposes. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.
1.4. Assignment of Rights. You will not sublicense, lease, rent, or lend your rights in the Software, Documentation, or license keys, as granted by this Agreement, with any third party without prior written consent of Chris Williams Web Design.

2. Intellectual Property and Confidentiality

2.1. Use Reporting, License Violations and Remedies. Chris Williams Web Design reserves the right to gather data on key usage including license key numbers, server IP addresses, domain counts and other information deemed relevant, to ensure that our products are being used in accordance with the terms of this End-User License Agreement. Chris Williams Web Design expressly prohibits simultaneous, multiple installations of our licensed products and domain count overrides without prior written approval. Any unauthorized use shall be considered by Chris Williams Web Design to be a violation of the End-User License Agreement. Chris Williams Web Design reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys to the credit card used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this agreement. Any blocking of data required for compliance under this agreement is considered to be violation of this agreement and will result in immediate termination of this Agreement pursuant to Section 4.
2.2. License Automatic Update and Expiration. Your license may include an expiration date that can result in the termination of the license. For permanent (non-lease) license keys, the license updates automatically except if Chris Williams Web Design determines that a license is used in violation of the terms of this Agreement. If your license key is stolen, or if you suspect any improper or illegal usage of your license outside of your control you should promptly notify Chris Williams Web Design of such occurrence. A replacement license will be issued to you and the suspect license will be allowed to expire. For lease licenses, your monthly payment for each month must be processed prior to the expiration date in order for the license updates to be performed. For your convenience Chris Williams Web Design provides license expiration warnings in the product interface should there be any issues that would cause the product license to eventually expire. It is your responsibility to contact Chris Williams Web Design regarding any potential expiration that you deem inappropriate. Chris Williams Web Design is not liable for any damages or costs incurred in connection with the expiring licenses.
2.3. Proprietary Rights to Software and Trademarks. You acknowledge that the Software and the Documentation are proprietary to Chris Williams Web Design, and the Software and Documentation are protected under United States copyright law and international treaties. You further acknowledge and agree that, as between you and Chris Williams Web Design, Chris Williams Web Design owns and shall continue to own all right, title, and interest in and to the Software and Documentation, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. This Agreement does not grant you any ownership interest in or to the Software or the Documentation, but only a limited right of use that is revocable in accordance with the terms of this Agreement. Any and all trademarks or service marks that Chris Williams Web Design uses in connection with the Software or with services rendered by Chris Williams Web Design are marks owned by Chris Williams Web Design. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
2.4. Confidentiality. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Software or to view the Documentation. Except as expressly authorized by this Agreement, you shall not make available the Software, Documentation, or any license key to any third party. You will use your best efforts to cooperate with and assist Chris Williams Web Design in identifying and preventing any unauthorized use, copying, or disclosure of the Software, Documentation, or any portion thereof.

3. License Fees

The Software will be available to you for use upon your receipt of one or more license keys. Upon acceptance of this Agreement, you may obtain one or more license keys by paying the requisite license fees, using the procedure set forth on Chris Williams Web Design's web site. The license fees paid by you are paid in consideration of the license granted under this Agreement. Chris Williams Web Design Inc. does not refund license fees. By accepting this agreement you fully understand that once license fee payment is made to Chris Williams Web Design you will have no recourse for receiving a refund of any part of the fees.

4. Term and Termination

This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing, and using the Software, even if you have not expressly accepted this Agreement. This Agreement shall continue in effect until terminated. Without prejudice to any other rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. If you are leasing the Software, and fail to pay the applicable license fees, Chris Williams Web Design shall have the right to shut down your server. You may terminate this License Agreement at any time by: (i) providing written notice of your decision to terminate the Agreement to Chris Williams Web Design and (ii) either returning the Software, Documentation, all copies thereof, and all license keys that you have obtained to Chris Williams Web Design or destroying all such materials and providing written verification of such destruction to Chris Williams Web Design. Chris Williams Web Design may terminate this License Agreement if you breach any term of the Agreement by giving you written notice of your breach and Chris Williams Web Design's decision to terminate the Agreement. Upon termination of the Agreement by Chris Williams Web Design, you agree to either return to Chris Williams Web Design the Software, Documentation, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to Chris Williams Web Design.

5. Remedies, Indemnification

5.1. If you learn of any actual or threatened infringement or piracy of the Software, or if any infringement or piracy claim is made against you by a party other than Chris Williams Web Design in connection with your use of the Software, you shall notify Chris Williams Web Design in writing of the infringement, piracy or claim as soon as is reasonably possible. Chris Williams Web Design shall in its sole discretion determine what action if any to take with respect to the foregoing and shall assume the defense or and bear the expenses of any such action (except to the extent, if any, to which such dispute or costs arise from your negligence, willful misconduct or modification of the Software). In the event that the use of the Software in accordance with the provisions of this Agreement is declared by a court of competent jurisdiction to infringe the rights of any third party, as your sole remedy, Chris Williams Web Design at its option shall (i) procure for you the right to use the Software, or (ii) modify the Software to render it non-infringing.
5.2. You will, at your own expense, indemnify and hold Chris Williams Web Design, and its subsidiaries and affiliates, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Software by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.

6. Disclaimer

THE SOFTWARE AND DOCUMENTATION ARE LICENSED “AS IS,” AND Chris Williams Web Design DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, Chris Williams Web Design EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.

7. Limitation of Liability

Chris Williams Web Design's CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION Chris Williams Web Design's INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS, SHALL BE LIMITED TO THE AMOUNT OF LICENSE FEES PAID TO Chris Williams Web Design BY YOU UNDER THIS AGREEMENT, BUT IN NO EVENT SUCH LIABILITY SHALL EXCEED US$2,000 IN THE AGGREGATE FOR ALL OCCURANCES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL Chris Williams Web Design BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF Chris Williams Web Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. General Terms

8.1. Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in accordance with the laws of the Nevada, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts situated within Clark County, Nevada. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
8.2. Severability. If any term or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation.
8.3. Survival. Articles 2, 5, 6, 7, and 8 of this Agreement and all Sections thereof, shall survive the termination of this Agreement, regardless of the cause for termination, and shall remain valid and binding indefinitely.
8.4. Headings. The Article and Section headings contained in this Agreement are incorporated for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
8.5. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
8.6. Amendment. Chris Williams Web Design reserves the right, in its sole discretion, to amend this Agreement from time to time. If there is a conflict between this Agreement and the most current version of this Agreement, posted at www.ChrisWilliamsWebDesign.com, will prevail. If you do not accept amendments made to this agreement, then this license will be immediately terminated pursuant to Section 4.
8.7. Taxes. You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of the transaction contemplated under this Agreement, excluding income taxes on the net profits of Chris Williams Web Design. You shall reimburse Chris Williams Web Design for the amount of any such taxes or duties paid or incurred directly by Chris Williams Web Design as a result of this transaction.

9. United States Government Restricted Rights

The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.

1 - Any other Chris Williams Web Design products as may be added by Chris Williams Web Design