TERMS OF USE
General Information
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This Website provides general information about DWR Design and allows you to obtain information about its services. DWR Design makes reasonable efforts to include up-to-date and accurate information in this Website. DWR Design specifically reserves the right to delete, modify, or supplement the content for any reason at any time without prior notification to you. DWR Design may terminate your use of the Website, bar you from future use of the Website, cancel your order and/or take any appropriate legal action against you for any violation by you of the stated Terms of Use herein.
By agreeing to these Terms of Use and the related Privacy Policy, DWR Design grants you permission use of this Website as permitted for your personal, noncommercial use in accordance therewith
You agree not to will not copy or distribute any part of the Website in any medium without DWR Design's prior written authorization or to alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website and not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Without DWR Design’s prior express written consent, you further agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose. Without the prior express written permission of DWR Design, you are prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content (except for your own personal, non-commercial use) from this Website.
Trademarks
POTOFONE, THE potofone logo and Sporeleki Industries (collectively, the "Marks") are trademarks owned by DWR Design, LLC.
The Marks on this Website are variously protected by the laws of the United States. No use of these Marks may be made without DWR Design's express prior written authorization. All other uses of these Marks are expressly prohibited.
Copyrights
All binary files, graphics, logos, images, sounds and text published on this Website, except all user submissions (as defined below) are the sole and exclusive property of DWR Design or licensed thereto. DWR Design grants you permission to print or otherwise distribute all or a portion of this Website is granted, provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (b) the appropriate copyright notice, namely, "©Copyright DWR Design, LLC. All Rights Reserved" appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) the graphics and/or images from this Website are not used separately from the accompanying text.
Permission to copy and distribute the textual information contained in this Website is hereby also granted for non-commercial offline use only. DWR Design owns or licenses all graphics, images and text used on this Website for its use only and any unauthorized use is prohibited. Any use of any information contained on this Website publicly or for advertising by entities other than DWR Design is strictly prohibited and nothing contained herein shall be construed as conferring any right or license to any intellectual property owned or licensed by DWR Design.
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this Website, you should promptly sent correspondence to DWR Design pursuant the Digital Millennium Copyright Act to Customer Service or a written communication to:
DWR Design, LLC.
Attn: Webmaster / Digital Millennium Copyright Act Complaints
100 Warren St. Apt. 402
Jersey City, NJ 07302
Claims must substantially include the following information:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DWR Design to locate the allegedly infringing material. Providing URLs in the body of an email is usually the best way to help us locate content quickly;
- Information reasonably sufficient to permit DWR Design to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A physical or electronic signed statement that you are authorized you to act on behalf of the owner of an exclusive right that is allegedly infringed and have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A physical or electronic statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements above, your notice under the Digital Millennium Copyright Act may not be valid.
If you choose to submit a counter-notice, please go to Customer Service to access the instructions. Please note that under the Digital Millennium Copyright Act, persons who knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
DWR Design specifically reserves the right to terminate registered users who are repeat infringers in accordance with the Terms of Use herein.
Linking
You may not link to this Website without DWR Design's express written permission. Any and all unauthorized links or any approved links which thereafter contain infringing or dilutive content or obscene, defamatory or disparaging content will be automatically terminated without notice. Any links or references provided to other Websites provided by DWR Design are provided as a convenience to you and shall not be considered or construed as an endorsement, representation(s) or promotion by DWR Design. DWR Design has not reviewed any linked websites nor any content, privacy policies, representations or terms of use therein. Any use by you of the same is done at your own risk.
No Confidential Relationship
In no event will a confidential relationship be established should you or any other user of this Website should make any oral, written, or electronic response to DWR Design (e.g. feedback, questions, comments, suggestions, ideas, etc.) Any information or response submitted shall be considered non-confidential. DWR Design shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of any good or service.
User Submission
This Website permits the submission of videos or other communications submitted by you and other users ("User Submission") and the hosting, sharing, and/or publishing of such User Submission. Whether or not each such User Submission is eventually published, DWR Design does not guarantee the confidentiality of the same. DWR Design does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DWR Design expressly disclaims any and all liability in connection with any User Submission. DWR Design reserves the right to discontinue any aspect of this Website at any time.
You are solely responsible for your own User Submission and any legal consequences relating to the posting or publication of the same. As to any User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary consents, licenses, permissions to use and/or rights to post or publish the same and authorize DWR Design to utilize on a royalty free basis all intellectual property rights including, without limitation, all patent, trademark, trade secret, copyright or other proprietary rights in and to each User Submissions to enable inclusion and use of the User Submission on this Website; and (ii) you have obtained and retained the written consent, release, and/or permission of each and every identifiable person in the User Submission as necessary to enable the use the name or likeness of each and every such identifiable person to enable inclusion and use of the User Submission, for use in the manner contemplated by this Website and in accordance with these stated Terms of Use.
You retain all of your ownership rights in any User Submission regardless of the posting or publication of the same. Upon submission, you hereby grant DWR Design a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform each User Submission in connection with this Website and DWR Design's (and its successor's) business including, without limitation, utilizing the same for purposes of promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels. Further, you also hereby grant other users of this Website a non-exclusive license to access your User Submission through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform each such User Submission as permitted through the functionality of the Website and under these Terms of Use. Upon removal or deletion of a User Submission from this Website, the foregoing license granted by you to other users shall cease.
You further agree that you will not: (i) submit material as part of any User Submission that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner or the licensee of such rights from their rightful owner of the same to post the material and to grant DWR Design all of the license rights previously granted herein; (ii) publish falsehoods or misrepresentations as part of any User Submission that could damage DWR Design or any third party; (iii) submit any material that is defamatory, ethnically or radically offensive, harassing, hateful, libelous, obscene, pornographic or threatening, or otherwise unlawful, or encourages or endorses conduct that would be considered to give rise to civil liability, any criminal offense, violate any law, or otherwise be deemed inappropriate; (iv) post commercial advertisements or solicitations for business; or (v) impersonate another person.
DWR Design does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DWR Design reserves the right to remove without notice any User Submission if properly notified that such User Submission or the content therein in whole or in part infringes on another's proprietary rights and in certain case, terminate access to the Website by repeat offender. For the purposes of these Terms of Use, a repeat Offender is any user who has been notified of offending activity more than twice and/or has had a User Submission removed from the Website more than twice.
In its sole discretion, DWR Design may make determinations (other than those for infringement) as to whether any User Submission is appropriate and complies with Terms of Use herein.
When using this Website, you understand and acknowledge that DWR Design is not responsible for the accuracy, safety or usefulness to each User Submission. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, indecent, objectionable or offensive, and you hereby affirmatively waive, any and all legal or equitable rights or remedies you have or may have against DWR Design with respect thereto. By continuing to use the Website, you further agree to indemnify and hold DWR Design. its, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding any usage by you of this Website or any User Submission accessible therein.
Website WARRANTY Disclaimer
THIS WEBSITE, ALL CONTENT THEREON AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED "AS IS", "WHERE IS" AND "WHERE AVAILABLE" AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, DWR DESIGN, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DWR DESIGN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT OF THIS WEBSITE OR ANY USER SUBMISSIONS LINKED HERETO AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE WEBSITE OR IN ANY USER SUBMISSION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE OR CONTAINED IN ANY USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON THIS WEBSITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. FURTHER, DWR DESIGN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DWR DESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL DWR DESIGN BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ANY HARM CAUSED BY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE WEBSITE OR IN ANY USER SUBMISSION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE OR CONTAINED IN ANY USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON THIS WEBSITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DWR DESIGN HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT DWR DESIGN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT ANY AND ALL RISK OF HARM OR DAMAGE THEREFROM RESTS ENTIRELY WITH YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, DWR Design, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use or the Privacy Policy as incorporated therein by you. DWR Design reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DWR Design in asserting any available defenses.
Law
The use of this Website and business conducted hereunder shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions, and the Federal and State courts of Florida shall have exclusive jurisdiction over all claims. You agree that any and all claims arising out of or related to this Website must commence by you within one (1) year after the cause of action accrues or otherwise shall be permanently barred.
DWR Design reserves the right to change or update these Terms of Use at any time by notifying visitors of the existence and location of any new or revised Terms of Use. These Terms of Use were last updated on October 30, 2009.
DWR Design welcomes your questions and comments about our Terms of Use or this Website. Please send e-mail to: Customer Service
This Website and the contents thereof including, without limitation, all text, graphics, logos and images (excluding all User Submissions) are "©Copyright 2009 DWR Design, LLC. All Rights Reserved."
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. This Website provides general information about DWR Design and allows you to obtain information about its services. DWR Design makes reasonable efforts to include up-to-date and accurate information in this Website. DWR Design specifically reserves the right to delete, modify, or supplement the content for any reason at any time without prior notification to you. DWR Design may terminate your use of the Website, bar you from future use of the Website, cancel your order and/or take any appropriate legal action against you for any violation by you of the stated Terms of Use herein.
By agreeing to these Terms of Use and the related Privacy Policy, DWR Design grants you permission use of this Website as permitted for your personal, noncommercial use in accordance therewith
You agree not to will not copy or distribute any part of the Website in any medium without DWR Design's prior written authorization or to alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website and not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Without DWR Design’s prior express written consent, you further agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the pages of this Website or the content contained thereon or to access or capture data for any other unauthorized purpose. Without the prior express written permission of DWR Design, you are prohibited from duplicating, copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content (except for your own personal, non-commercial use) from this Website.
Trademarks
POTOFONE, THE potofone logo and Sporeleki Industries (collectively, the "Marks") are trademarks owned by DWR Design, LLC.
The Marks on this Website are variously protected by the laws of the United States. No use of these Marks may be made without DWR Design's express prior written authorization. All other uses of these Marks are expressly prohibited.
Copyrights
All binary files, graphics, logos, images, sounds and text published on this Website, except all user submissions (as defined below) are the sole and exclusive property of DWR Design or licensed thereto. DWR Design grants you permission to print or otherwise distribute all or a portion of this Website is granted, provided that (a) a notice is affixed to any copies so printed or distributed, that the information contained therein indicates that the page or pages were copied from this Website; (b) the appropriate copyright notice, namely, "©Copyright DWR Design, LLC. All Rights Reserved" appears on all copies; (c) the use of the information is for non-commercial personal or third party usage only; (d) the information is not altered in any manner; and (e) the graphics and/or images from this Website are not used separately from the accompanying text.
Permission to copy and distribute the textual information contained in this Website is hereby also granted for non-commercial offline use only. DWR Design owns or licenses all graphics, images and text used on this Website for its use only and any unauthorized use is prohibited. Any use of any information contained on this Website publicly or for advertising by entities other than DWR Design is strictly prohibited and nothing contained herein shall be construed as conferring any right or license to any intellectual property owned or licensed by DWR Design.
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this Website, you should promptly sent correspondence to DWR Design pursuant the Digital Millennium Copyright Act to Customer Service or a written communication to:
DWR Design, LLC.
Attn: Webmaster / Digital Millennium Copyright Act Complaints
100 Warren St. Apt. 402
Jersey City, NJ 07302
Claims must substantially include the following information:
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DWR Design to locate the allegedly infringing material. Providing URLs in the body of an email is usually the best way to help us locate content quickly;
- Information reasonably sufficient to permit DWR Design to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A physical or electronic signed statement that you are authorized you to act on behalf of the owner of an exclusive right that is allegedly infringed and have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A physical or electronic statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements above, your notice under the Digital Millennium Copyright Act may not be valid.
If you choose to submit a counter-notice, please go to Customer Service to access the instructions. Please note that under the Digital Millennium Copyright Act, persons who knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
DWR Design specifically reserves the right to terminate registered users who are repeat infringers in accordance with the Terms of Use herein.
Linking
You may not link to this Website without DWR Design's express written permission. Any and all unauthorized links or any approved links which thereafter contain infringing or dilutive content or obscene, defamatory or disparaging content will be automatically terminated without notice. Any links or references provided to other Websites provided by DWR Design are provided as a convenience to you and shall not be considered or construed as an endorsement, representation(s) or promotion by DWR Design. DWR Design has not reviewed any linked websites nor any content, privacy policies, representations or terms of use therein. Any use by you of the same is done at your own risk.
No Confidential Relationship
In no event will a confidential relationship be established should you or any other user of this Website should make any oral, written, or electronic response to DWR Design (e.g. feedback, questions, comments, suggestions, ideas, etc.) Any information or response submitted shall be considered non-confidential. DWR Design shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of any good or service.
User Submission
This Website permits the submission of videos or other communications submitted by you and other users ("User Submission") and the hosting, sharing, and/or publishing of such User Submission. Whether or not each such User Submission is eventually published, DWR Design does not guarantee the confidentiality of the same. DWR Design does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DWR Design expressly disclaims any and all liability in connection with any User Submission. DWR Design reserves the right to discontinue any aspect of this Website at any time.
You are solely responsible for your own User Submission and any legal consequences relating to the posting or publication of the same. As to any User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary consents, licenses, permissions to use and/or rights to post or publish the same and authorize DWR Design to utilize on a royalty free basis all intellectual property rights including, without limitation, all patent, trademark, trade secret, copyright or other proprietary rights in and to each User Submissions to enable inclusion and use of the User Submission on this Website; and (ii) you have obtained and retained the written consent, release, and/or permission of each and every identifiable person in the User Submission as necessary to enable the use the name or likeness of each and every such identifiable person to enable inclusion and use of the User Submission, for use in the manner contemplated by this Website and in accordance with these stated Terms of Use.
You retain all of your ownership rights in any User Submission regardless of the posting or publication of the same. Upon submission, you hereby grant DWR Design a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform each User Submission in connection with this Website and DWR Design's (and its successor's) business including, without limitation, utilizing the same for purposes of promoting and redistributing part or all of this Website (and derivative works thereof) in any media formats and through any media channels. Further, you also hereby grant other users of this Website a non-exclusive license to access your User Submission through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform each such User Submission as permitted through the functionality of the Website and under these Terms of Use. Upon removal or deletion of a User Submission from this Website, the foregoing license granted by you to other users shall cease.
You further agree that you will not: (i) submit material as part of any User Submission that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner or the licensee of such rights from their rightful owner of the same to post the material and to grant DWR Design all of the license rights previously granted herein; (ii) publish falsehoods or misrepresentations as part of any User Submission that could damage DWR Design or any third party; (iii) submit any material that is defamatory, ethnically or radically offensive, harassing, hateful, libelous, obscene, pornographic or threatening, or otherwise unlawful, or encourages or endorses conduct that would be considered to give rise to civil liability, any criminal offense, violate any law, or otherwise be deemed inappropriate; (iv) post commercial advertisements or solicitations for business; or (v) impersonate another person.
DWR Design does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DWR Design reserves the right to remove without notice any User Submission if properly notified that such User Submission or the content therein in whole or in part infringes on another's proprietary rights and in certain case, terminate access to the Website by repeat offender. For the purposes of these Terms of Use, a repeat Offender is any user who has been notified of offending activity more than twice and/or has had a User Submission removed from the Website more than twice.
In its sole discretion, DWR Design may make determinations (other than those for infringement) as to whether any User Submission is appropriate and complies with Terms of Use herein.
When using this Website, you understand and acknowledge that DWR Design is not responsible for the accuracy, safety or usefulness to each User Submission. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, indecent, objectionable or offensive, and you hereby affirmatively waive, any and all legal or equitable rights or remedies you have or may have against DWR Design with respect thereto. By continuing to use the Website, you further agree to indemnify and hold DWR Design. its, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding any usage by you of this Website or any User Submission accessible therein.
Website WARRANTY Disclaimer
THIS WEBSITE, ALL CONTENT THEREON AND THE SERVICES PROVIDED THEREIN ARE OFFERED OR PROVIDED "AS IS", "WHERE IS" AND "WHERE AVAILABLE" AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. THIS DOES NOT AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, DWR DESIGN, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. DWR DESIGN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT OF THIS WEBSITE OR ANY USER SUBMISSIONS LINKED HERETO AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE WEBSITE OR IN ANY USER SUBMISSION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE OR CONTAINED IN ANY USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON THIS WEBSITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. FURTHER, DWR DESIGN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DWR DESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LIMITATIONS ON LIABILITY
IN NO EVENT SHALL DWR DESIGN BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ANY HARM CAUSED BY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED ON THE WEBSITE OR IN ANY USER SUBMISSION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE OR CONTAINED IN ANY USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON THIS WEBSITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DWR DESIGN HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT DWR DESIGN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT ANY AND ALL RISK OF HARM OR DAMAGE THEREFROM RESTS ENTIRELY WITH YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, DWR Design, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use or the Privacy Policy as incorporated therein by you. DWR Design reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DWR Design in asserting any available defenses.
Law
The use of this Website and business conducted hereunder shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions, and the Federal and State courts of Florida shall have exclusive jurisdiction over all claims. You agree that any and all claims arising out of or related to this Website must commence by you within one (1) year after the cause of action accrues or otherwise shall be permanently barred.
DWR Design reserves the right to change or update these Terms of Use at any time by notifying visitors of the existence and location of any new or revised Terms of Use. These Terms of Use were last updated on October 30, 2009.
DWR Design welcomes your questions and comments about our Terms of Use or this Website. Please send e-mail to: Customer Service
This Website and the contents thereof including, without limitation, all text, graphics, logos and images (excluding all User Submissions) are "©Copyright 2009 DWR Design, LLC. All Rights Reserved."