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1. THIS IS AN AGREEMENT BETWEEN YOU AND 411 WEB DESIGN GROUP
This is an agreement ("Agreement") between you
and 411 Web Design Group Corporation (or, if applicable based on
where you live, one of its affiliates) ("411 Web Design Group").
This Agreement governs your use of any Web site or Web page operated
by 411 Web Design Group (each, a "411WEBDESIGN.NET Web Site," and
collectively, the "411WEBDESIGN.NET Web Sites"). You represent that
you are at least 18 years of age and have attained the age of
majority in the province, state or country in which you reside, and
any information that you submit is correct.
411 WEB DESIGN GROUP OFFERS THE 411WEBDESIGN.NET WEB SITES TO YOU
CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS
AGREEMENT. YOUR USE OF THE 411WEBDESIGN.NET WEB SITES CONSTITUTES
YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10).
THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW 411 WEB DESIGN GROUP MAY MODIFY THIS AGREEMENT
411 Web Design Group
reserves the right to change the terms, conditions, and notices
under which it offers the 411WEBDESIGN.NET Web Sites, including any
charges associated with the use of the 411WEBDESIGN.NET Web Sites.
You are responsible for regularly reviewing these terms, conditions
and notices, and any additional terms posted on any 411WEBDESIGN.NET
Web Site. Your continued use of the 411WEBDESIGN.NET Web Sites after
the effective date of such changes constitutes your acceptance of
and agreement to such changes.
3. ADDITIONAL TERMS
Any 411WEBDESIGN.NET Web Site may itself
contain additional terms (for example, codes of conduct or
guidelines) that further govern use of that 411WEBDESIGN.NET Web
Site, including without limitation, particular features or offers
(for example, sweepstakes). If any terms contained in this Agreement
conflict with any terms contained within a 411WEBDESIGN.NET Web
Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE
411WEBDESIGN.NET WEB SITE
The 411WEBDESIGN.NET Web Sites are only for
your personal use. You will not use the 411WEBDESIGN.NET Web Sites
for commercial purposes. You will not use the 411WEBDESIGN.NET Web
Sites in any way that is unlawful, or harms 411 Web Design Group,
its affiliates, resellers, distributors, service providers and/or
suppliers (each, a "411 Web Design Group Party" and collectively,
the "411 Web Design Group Parties") or any customer of a 411 Web
Design Group Party, as determined in 411 Web Design Group's sole
discretion. 411 Web Design Group may tell you about certain specific
harmful uses in a code of conduct or other notices available through
a 411WEBDESIGN.NET Web Site, but has no obligation to do so. You may
not use the 411WEBDESIGN.NET Web Sites in any way that breaches any
code of conduct, policy or other notice applicable to the
411WEBDESIGN.NET Web Sites. Without limiting the generality of this
section, you may not use the 411WEBDESIGN.NET Web Sites in any
manner that could damage, disable, overburden, or impair any
411WEBDESIGN.NET Web Site (or the network(s) connected to any
411WEBDESIGN.NET Web Site) or interfere with any other party's use
and enjoyment of the 411WEBDESIGN.NET Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING
TECHNOLOGY
Without limiting the generality of Section 4,
you will not use the 411WEBDESIGN.NET Web Sites to transmit, either
directly or indirectly, any unsolicited bulk e-mail or unsolicited
commercial e-mail. You will not use the 411WEBDESIGN.NET Web Sites
in any way that violates the 411 Web Design Group Anti-Spam Policy.
A breach of any part of the Anti-Spam Policy is a breach of this
Agreement. 411 Web Design Group may use filtering technology or
other measures in its efforts to stop unsolicited bulk e-mail and
unsolicited commercial e-mail, and if your use of the
411WEBDESIGN.NET Web Sites includes e-mail related services, then
such filtering technology or other measures may block, either
temporarily or permanently, some e-mail sent to you through the
411WEBDESIGN.NET Web Sites even if such e-mail does not violate the
Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to
411 Web Design Group related to the 411WEBDESIGN.NET Web Sites (a
"Submission"), you grant 411 Web Design Group permission to (1) use,
copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, modify, translate and reformat your Submission,
each in connection with the 411WEBDESIGN.NET Web Sites, and (2)
sublicense these rights, to the maximum extent permitted by
applicable law. 411 Web Design Group will not pay you for your
Submission. 411 Web Design Group may remove your Submission at any
time. For each Submission, you represent that you have all rights
necessary for you to make the grants in this section. To the maximum
extent permitted by applicable law, 411 Web Design Group may monitor
your e-mail, or other electronic communications and may disclose
such information in the event it has a good faith reason to believe
it is necessary for purposes of ensuring your compliance with this
Agreement, and protecting the rights, property, and interests of the
411 Web Design Group Parties or any customer of a 411 Web Design
Group Party.
7. SOFTWARE
Your use of any software associated with the
411WEBDESIGN.NET Web Sites will be governed by the terms and
conditions of the end user license agreement ("EULA") accompanying
such software. If you receive any software that is not accompanied
by a EULA, then 411 Web Design Group grants to you a non-exclusive,
revocable, personal, non-transferable license to use such software
solely in connection with the 411WEBDESIGN.NET Web Sites and in
accordance with this Agreement. 411 Web Design Group reserves all
rights to such software not expressly granted to you in this
Agreement. Such software is protected by copyright and other
intellectual property laws and treaties. 411 Web Design Group or its
suppliers own the title, copyright, and other intellectual property
rights in such software, and such software is licensed, not sold.
You will not disassemble, decompile, or reverse engineer, such
software, except and only to the extent that such activity is
expressly permitted by applicable law. 411 Web Design Group may
automatically check your version of such software and may
automatically download upgrades to such software to your computer to
update, enhance and further develop the 411WEBDESIGN.NET Web Sites.
8. INFORMATION AVAILABLE FROM THE 411WEBDESIGN.NET WEB SITE
411 Web Design Group and its suppliers do not
warrant or guarantee the accuracy or timeliness of any information
available from the 411WEBDESIGN.NET Web Sites including stock
quotes, even if such information appears in any e-mail, pager, cell
phone or other alerts available through the 411WEBDESIGN.NET Web
Sites. 411 Web Design Group and its suppliers do not authorize the
use of information available from the 411WEBDESIGN.NET Web Sites
including stock quote or other financial information, for any
purpose other than your personal use, and prohibit to the maximum
extent allowable the resale, redistribution, and use of this
information for commercial purposes. 411 Web Design Group is not a
broker/dealer or registered investment advisor under United States
federal securities law or securities laws of other jurisdictions,
and does not advise individuals as to the advisability of investing
in, purchasing or selling securities or other financial products or
services. Nothing contained in the 411WEBDESIGN.NET Web Sites
constitute an offer or solicitation to buy or sell any security. 411
Web Design Group does not endorse or recommend any particular
product or service, including financial products or services.
Nothing contained in the 411WEBDESIGN.NET Web Sites is intended to
constitute professional advice, including but not limited to,
investment or tax advice.
9. 411 WEB DESIGN GROUP MAKES NO WARRANTY
411 web design group provides the
411webdesign.net web sites "as is," "with all faults" and "as
available," and the entire risk as to satisfactory quality,
performance, accuracy, and effort is with you. to the maximum extent
permitted by applicable law, the 411 web design group parties make
no representations, warranties or conditions, express or implied.
the 411 web design group parties disclaim any and all warranties or
conditions, express, statutory and implied, including without
limitation (1) warranties or conditions of merchantability, fitness
for a particular purpose, workmanlike effort, accuracy, title, quiet
enjoyment, no encumbrances, no liens and non-infringement, (2)
warranties or conditions arising through course of dealing or usage
of trade, and (3) warranties or conditions that access to or use of
the 411webdesign.net web sites will be uninterrupted or error-free.
there are no warranties that extend beyond the face of this
agreement.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
in no event will any 411 web design group party
be liable for any damages, including without limitation any
indirect, consequential, special, incidental, or punitive damages
arising out of, based on, or resulting from this agreement or your
use of the 411webdesign.net web sites, even if such 411 web design
group party has been advised of the possibility of such damages. The
exclusion of damages under section 10 is independent of your
exclusive remedy and survives in the event such remedy fails of its
essential purpose or is otherwise deemed unenforceable. These
limitations and exclusions apply without regard to whether the
damages arise from (1) breach of contract, (2) breach of warranty,
(3) negligence, or (4) any other cause of action, to the extent such
exclusion and limitations are not prohibited by applicable law. If
you are dissatisfied with the 411webdesign.net web sites, you do not
agree with any part of this agreement, or you have any other dispute
or claim with or against any 411 web design group party with respect
to this agreement or the 411webdesign.net web sites, then your sole
and exclusive remedy is to discontinue using the 411webdesign.net
web sites.
11. Changes to the 411webdesign.net web sites; additional liability
limitation
The 411 web design group parties may change the
411webdesign.net web sites or delete features in any way, at any
time and for any reason. As you use the 411webdesign.net web sites,
you should expect to receive, access or use information, materials,
graphics, software, data and content (collectively, "content")
originated by 411 web design group and persons other than 411 web
design group (any such person is referred to as a "third party").
Without limiting the generality of sections 9 and 10, you
acknowledge and agree that the 411 web design group parties are not
responsible or liable for (1) any content, including without
limitation, any infringing, inaccurate, obscene, indecent,
threatening, offensive, defamatory, tortious, or illegal content, or
(2) any third party conduct, transmissions or data. In addition,
without limiting the generality of sections 9 and 10, you
acknowledge and agree that 411 web design group is not responsible
or liable for (1) any viruses or other disabling features that
affect your access to or use of the 411webdesign.net web sites, (2)
any incompatibility between the 411webdesign.net web sites and other
web sites, services, software and hardware, (3) any delays or
failures you may experience in initiating, conducting or completing
any transmissions or transactions in connection with the
411webdesign.net web sites in an accurate or timely manner, or (4)
any damages or costs of any type arising out of or in any way
connected with your use of any services available from third parties
though links contained on the 411webdesign.net web sites. The
limitations, exclusions and disclaimers in sections 9, 10 and 11 of
this agreement apply to the maximum extent permitted by applicable
law, and are not intended to deprive you of any mandatory
protections provided to you under applicable law.
12. TERMINATION; ACCESS RESTRICTION
411 Web Design Group may terminate this
Agreement, or terminate or suspend your access to the
411WEBDESIGN.NET Web Sites at any time, with or without cause, with
or without notice. Upon such termination or suspension, your right
to use the 411WEBDESIGN.NET Web Sites will immediately cease. UPON
SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON
THE 411WEBDESIGN.NET WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with 411 Web Design Group
Corporation, claims for enforcement, breach or violation of duties
or rights under this Agreement will be adjudicated under the laws of
the State of Nevada, without reference to conflict of laws
principles. If this Agreement is with a 411 Web Design Group
affiliate, claims for enforcement, breach or violation of duties or
rights under this Agreement will be adjudicated under the laws of
the place of incorporation for such 411 Web Design Group affiliate,
without reference to conflict of laws principles. All other claims,
including, without limitation, claims under or for violation of
consumer protection laws, unfair competition laws, and in tort, will
be adjudicated under the laws of your state of residence in the
United States, or, if you reside outside the United States, under
the laws of the country to which the subject 411WEBDESIGN.NET Web
Sites are directed. If this Agreement is with 411 Web Design Group
Corporation, you hereby irrevocably consent to the exclusive
jurisdiction and venue of state or federal courts in Clark County,
Nevada, USA in all disputes arising out of or relating to the use of
the 4 411WEBDESIGN.NET Web Sites. If this Agreement is with a 411
Web Design Group affiliate, you hereby consent to the exclusive
jurisdiction and venue of the courts located in the place of
incorporation for such 411 Web Design Group affiliate in all
disputes arising out of or relating to the use of the
411WEBDESIGN.NET Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to
be invalid or unenforceable pursuant to applicable law, 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 the remainder of this Agreement will
continue in effect. 411 Web Design Group may assign this Agreement,
in whole or in part, at any time with or without notice to you. You
may not assign this Agreement, or assign, transfer or sublicense
your rights, if any, in the 411WEBDESIGN.NET Web Sites. Except as
expressly stated herein, this Agreement constitutes the entire
agreement between you and 411 Web Design Group with respect to the
411WEBDESIGN.NET Web Sites and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral or written, between you and 411 Web Design Group with respect
to the 411WEBDESIGN.NET Web Sites. The section titles in the
Agreement are solely used for the convenience of the parties and
have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
You and 411 web design group agree that any
cause of action arising out of or related to the 411webdesign.net
web sites must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently
barred.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER
ACKNOWLEDGEMENTS
All contents of the 411WEBDESIGN.NET Web Sites
are Copyright © 2006 411 Web Design Group Corporation and/or its
suppliers,5081 Pioneer Avenue, Las Vegas, Nevada 89146 U.S.A. All
rights reserved. 411 Web Design Group, 411WEBDESIGN.NET,
411WEBDESIGN.NET logo, and/or other 411 Web Design Group products
and services referenced herein may also be either trademarks or
registered trademarks of 411 Web Design Group in the United States
and/or other countries. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, domain names, e-mail
addresses, logos, people, places and events depicted herein are
fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, places or events
is intended or should be inferred.
17. OTHER NOTICES
Third Party Account Information
By using the "My Accounts" service through the 411WEBDESIGN.NET Web
Sites, you authorize 411 Web Design Group and its agents to access
third party sites designated by you or on your behalf, to retrieve
information requested by you, and you appoint 411 Web Design Group
and its agents as your agent for this limited purpose. Each time you
enter your account login information, you are permitting 411 Web
Design Group and its agents to process your request and use
information submitted by you to accomplish the foregoing. You will
choose a password when registering.
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement
should be sent to Service Provider's Designated Agent.
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