Terms of Use / Policies
TERMS OF USE
IMPORTANT - READ
CAREFULLY BEFORE ACCESSING THIS website!
By accessing the Webmike website you accept this
Agreement without limitation or qualification.
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER,
AND THE PROVIDER, WEBMKE. BY ACCESSING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO
NOT ACCESS THIS WEBSITE.
GRANT OF LICENSE:The provider, Webmike, grants
you, the end user, a non-transferable, non-exclusive
license to browse, respond to and otherwise use this
website, solely for your own personal use, with only
one central processing unit at any one time.
- You may not copy, distribute, publicly display
or perform, reverse engineer, translate, port, adapt,
modify or make derivative works of, or otherwise use
any content contained on Webmike.
- "Content," as used throughout this Agreement
includes, but is not limited to, any text, sound recordings,
musical compositions, lyrics, graphics, images, photographs,
databases, logos, motion pictures or other audio-video
works, HTML or other files and software technology.
- You may not rent, disclose, publish, sell, assign,
lease, sublicense, market, or transfer any content
or use it in any manner not expressly authorized by
this Agreement.
- You shall not derive or attempt to derive the source
code, source files or structure of all or any portion
of the website by reverse engineering, disassembly,
decompilation or any other means.
- You shall not use the website to operate a service
bureau or for any other use involving the processing
of data of other persons or entities.
- Webmike or other respective owners retain all
ownership rights to any content.
- Any content, product, service, program, or technology
on this website is copyrighted, trademarked, patented
or otherwise protected by intellectual property rights
and may not be copied, distributed, publicly performed
or displayed, adapted, modified or made into derivative
works, or otherwise used, even if merged with other
websites. Any use of content without express written
permission of Webmike or the rightful owner is
strictly prohibited. Any such right that is not expressly
licensed herein is reserved by Webmike or other
rightful owners. You shall not alter or remove any
copyright or trademark notice or proprietary legend
contained in or on any content.
- All content is available for your non-commercial
use only.
- Webmike neither warrants nor represents that
your use of the material displayed on its website
will not infringe rights of third parties.
- Images of people or places displayed on Webmike.com are either the property of Webmike or used
with permission. Use of these images by you or other
third parties is prohibited unless expressly permitted
in this Agreement. Any unauthorized use of these images
may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations
and statutes.
- Any trademarks, logos, and service marks (collectively
the "Trademarks") displayed on Webmike.com,
whether registered or unregistered are property of
its respective owners. Nothing contained on Webmike should be construed as granting by implication,
estoppel, or otherwise, any license or right to use
any Trademark displayed on Webmike without the
written permission of the owner of the Trademark.
Misuse of any Trademarks, or any other content, displayed
on Webmike is prohibited.
- NO WARRANTY OR LIABILITY. The Webmike site
is provided to you on an AS IS basis.
- You assume the entire risk of loss in using the
website.
- WEBMIKE MAKES AND END USER RECEIVES NO WARRANTY,
WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF
MERCHANTABILITY, TITLE, AND FITNESS FOR ANY PARTICULAR
PURPOSE ARE EXPRESSLY EXCLUDED.
- IN NO EVENT SHALL WEBMIKE BE LIABLE FOR ANY
DAMAGES, CLAIM OR LOSS INCURRED BY USER (INCLUDING
WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST
PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS,
OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS
OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST DATA
OR INABILITY TO USE DATA) IRRESPECTIVE OF WHETHER
Webmike HAS BEEN INFORMED OF, KNEW OF, OR SHOULD
HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER TORTS. IF WEBMIKE'S
DISCLAIMER OF LIABILITY SET FORTH IN THIS AGREEMENT
SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, END USER AGREES THAT WEBMIKE'S
LIABILITY SHALL NOT EXCEED $50.00.
- Webmike does not warrant that the website
will meet your needs or expectations, that operations
of the website will be error free or uninterrupted,
or that all nonconformities can or will be corrected.
The site is complex and may unknowingly contain some
nonconformities, defects, viruses or errors.
- While Webmike uses reasonable efforts to include
accurate and up-to-date information on its website,
Webmike makes no warranties or representations
as to its accuracy. Webmike may periodically add,
change, or improve any of the information, products,
services, programs, and technology described on its
website without notice. Webmike assumes no liability
or responsibility for any errors or omissions in the
content.
- Webmike has not reviewed all of the sites which
are linked to its website, and the fact of such links
does not indicate any approval or endorsement of any
material contained on any linked site. Webmike
is not responsible for the contents of any site linked
to it; and your connection to any such linked site
is at your own risk.
MISCELLANEOUS:
- This is the exclusive and entire Agreement between
Webmike and you regarding its subject matter.
- Any legal dispute which may arise from or in connection
with this Agreement, website or its contents will
be governed by the laws of the State of Oregon. All
parties to any such dispute will submit to the exclusive
jurisdiction of the federal and/or state courts of
the State of Oregon for all purposes. U.S. Copyright
and Federal Trademark laws will be strictly enforced,
subjecting violators to substantial civil and/or criminal
prosecution.
- You shall pay any taxes on transactions that may
occur on the website.
- If any provision of this Agreement is declared
invalid or unenforceable, the remaining provisions
of this Agreement shall remain in effect.
REFUND POLICY:
There are no refunds for services already rendered. Since web design services are somewhat of artistic nature, a cash value refund cannot be given, since the work was already performed. You can rest assured that all work is and will be performed with the highest standard of quality and satisfaction, therefore refunds are not necessary.
If you have already prepaid for services and need to cancel the agreement, there may be a partial refund minus any applicable fees and/or deposits.
If there is ever an error on Webmike's side, Webmike will correct the error at no additional charge or issue a credit for future work.
PRIVACY POLICY:
Your privacy is important to us. Webmike has developed
this privacy policy for the benefit of our clients and
users of this website and to demonstrate our commitment
to protecting your privacy. The following information
summarizes our personal data gathering and distribution
practices associated with this website.
- Collection of Personal Information: In order to provide you with high quality of service
and relevant information, we may periodically collect
certain personal information during your visit to
this website. This information is used only to respond
to any requests by you for further information or
to improve our content and service.
- Distribution of Personal Information: All personal information that we may collect is maintained
in the strictest confidence. We do not sell, share,
license, or otherwise distribute client and user personal
information.
POLICY CHANGES:
Please note
that we reserve the right to change the terms, policies above, or any other policy or practice, at any time. Any such
changes will be effective immediately upon posting to
this website. You should review this website for information
concerning such changes. Your continued use of this
website following posting of such changes will be conclusively
deemed acceptance of the changes.
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