Service
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you agree to be subject to the terms and conditions set forth herein and all applicable laws. We reserve the right to revise these terms and conditions and any product offerings or pricing at any time.
This offer is expressly conditioned upon your acceptance of these Terms of Service ("Terms"). Your use of or access to services provided by WebSiteWalkOuts™ .com constitutes your Agreement to these Terms, as in effect from time to time. This offer and your acceptance thereof represents the entire agreement between you and WebSiteWalkOuts™ Inc, and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of this posting by WebSiteWalkOuts™ Inc or by written agreement by an authorized officer of WebSiteWalkOuts™ Inc (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.) The Terms and the relationship between you and WebSiteWalkOuts™ Inc shall be governed by and interpreted in accordance with the laws of the Commonwealth of Florida, United States of America, without reference to its principles of conflicts of law. WebSiteWalkOuts™ Inc reserves the right to send notices to its customers of changes to the WebSiteWalkOuts™ Inc Privacy Statement or these Terms of Service, or of any material changes affecting their service.
It is your responsibility to keep WebSiteWalkOuts™ Inc notified of any changes to your e-mail address or other contact information to assure that customers receive all such notices from WebSiteWalkOuts™ Inc. Billing and contact information can be updated by contacting WebSiteWalkOuts™ Inc Support department at Support@WebSiteWalkOuts™ .com .
If your account is suspended due to non-payment, for any reason, you will be required to pay the entire balance due plus an additional 6.5% of the total balance due prior to your account being re-enabled.
Customers are responsible for keeping billing information up to date. WebSiteWalkOuts™ Inc reserves the right to suspend an account if, for any reason, we are not able to process payment through the credit card or payment is outstanding. You can review and correct information through contacting us at support@WebSiteWalkOuts™ .com .
If a check received by us for payment is returned for any reason, WebSiteWalkOuts™ Inc reserves the right to suspend or cancel service until the payment plus a $35.00 returned check fee, has been received by us. WebSiteWalkOuts™ Inc reserves the right to accept only US Postal money orders as payment if any check is returned for any reason. We may also require that you pay by credit card for future payments.
Refund and Service Cancellation Policy/Project Termination
For Design and Development Services, you are entitled to a 100% refund should you decide to voluntarily terminate your project prior to entering Pre-development… No refunds are available once Development has begun, or if the maximum Project Time has expired, which ever occurs first. The terms and conditions, Terms of Service, product offerings and pricing are subject to change at any time, without notice.
Indemnification:
You agree to indemnify and hold WebSiteWalkOuts™ Inc. (WSWO), its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all claims, losses, costs, liabilities or expenses (including without limitation reasonable attorneys’ and expert witnesses’ fees) incurred or arising from: (a) Design and Development Services, Additional Pages or Hourly Updates, (b) any breach of this Agreement or the documents it incorporates by reference, (c) any violation by You or Your end users of services and/or the licensed material You offer through Your website, of any laws, regulations or rights of others, (d) any acts or omissions by You. (WSWO), its suppliers’ and service providers’ indemnity rights shall not be limited or offset by any contributory negligence by (WSWO).
User Data
Pursuant to WebSiteWalkOuts™ Inc, Privacy Statement, may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms, or under any of the other circumstances set forth in the WebSiteWalkOuts™ Inc, privacy policy, as may be amended from time to time without notice.
WebSiteWalkOuts™ Inc Service and Content
WebSiteWalkOuts™ Inc services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be stored on or transmitted through any servers hosted by WebSiteWalkOuts™ Inc that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material, nor will any links to such Web sites be tolerated within the content hosted by WebSiteWalkOuts™ Inc.
TERMINATION
WebSiteWalkOuts™ ™ Inc may terminate this agreement and your access to any or all Services at any time, with or without cause, effective immediately. WebSiteWalkOuts™ Inc shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by WebSiteWalkOuts™ Inc to have violated these Terms of Service may be barred from receiving any services from WebSiteWalkOuts™ Inc.
Termination, by us or you, does not release you of any past or current fees owed for Services rendered through the date of termination.
LIMITATION OF LIABILITY
Client recognizes that results of marketing efforts are dependent on many factors. WebSiteWalkOuts™ LLC does not warrant the merchantability of our products or services, nor do we offer any other warranty of any kind, expressed or implied, and the customer may not extend any warranty on our behalf to anyone. Any such unauthorized extensions shall be the customer’s responsibility. In no event shall WebSiteWalkOuts™ LLC be liable to the
customer in warranty, contract, strict liability or otherwise for any damages alleged to be caused by one or more of our products, beyond the cost to the customer of the subject product or products, refund of the purchase price, as shown on invoice (less any discounts) being customer’s sole and exclusive remedy against WebSiteWalkOuts™ LLC upon proof of any alleged claim. WebSiteWalkOuts™ LLC is not liable for incidental and consequential damages,
including labor costs relating to installation or removal or other labor, and customer shall not have remedy against us for such damages, the sole and exclusive remedy for a proven claim having been stated above.2) Client certifies that neither WebSiteWalkOuts™ LLC nor anyone else has made any claims of guaranteed profits, representations of anticipated profits, or any other guarantee of response by the public that might result from a marketing component, project, or effort by WebSiteWalkOuts™ LLC. 3) No Party shall be liable for any failure to perform it’s obligations where such failure is as a result of “Acts of Nature (including fire, flood, earthquake, storm, or other natural disaster), war, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or interruption or failure of electricity or communication services (telephone or internet), and no other Party will have a right to terminate this Agreement in such circumstances.4) This Agreement (and any documents referred to in it) contains the whole agreement between the Parties relating to the transactions contemplated by this Agreement and supersedes all previous understandings and agreements between the Parties relating to these transactions. 5) Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. 6) This agreement (in its entirety) remains in effect for all projects performed by WebSiteWalkOuts™, LLC until amended in writing.
WARRANTY LIMITATION
WebSiteWalkOuts™ Inc AND ITS CONTENT ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH WebSiteWalkOuts™ Inc IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY WebSiteWalkOuts™ Inc.
Severability
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and WebSiteWalkOuts™ Inc hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You and WebSiteWalkOuts™ Inc each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings. Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Miscellaneous
These Terms shall bind and benefit the successors and heirs of the parties.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of the Commonwealth of Florida having jurisdiction over you.