POTOFONE GUIDELINES

Respect the POTOFONE website. We're not asking for the kind of respect reserved for grandmothers and big tippers. We're simply asking that you respect the rights of others. Being a part of POTOFONE Community involves a certain degree of trust. We trust you to be responsible and to use good judgment when using the site.

Use Your Head

Please take the rules below seriously and try to respect the spirit in which they were created. Violations of the same or the Terms of Use may result in a warning or may result in termination of your account, along with the deletion of all your videos and any other content that has been posted to this website.

The following are simple rules that must be followed:

1 No posting of dangerous or illegal acts. Such videos would include instructions how to make a bomb or any other type of lethal weapon, human or animal abuse, substance abuse, self-abuse, etc.

2 POTOFONE is not a shock site. Our purpose is to entertain, inform, and amuse our visitors. If your video shows someone getting attacked, physically injured, harassed, humiliated, maimed, or mutilated, please don't post it on this website. If that type of material is of interest, we suggest you watch the news.

3 No pornography or sexually explicit content. If this describes your video, please don't post it on the website. There are plenty of other sites to go to for this type of material --- POTOFONE just isn't one of them. Additionally, we have a zero tolerance policy in regard to child exploitation, stalking, threats, harassment, invasions of privacy, or the revealing of another's personal information. If you are caught doing any of these things, you may be permanently banned from POTOFONE. We also will report such behavior to the appropriate law enforcement, if warranted.

4 Respect material that is protected by copyright. Upload videos that you created or that you have obtained the rights to use. Don't uploading videos you didn't make, or use content in your videos that someone else owns the copyright, i.e., music, clips from copyrighted television programs or movies, videos made by other users (without their permission). Our Copyright Tips contain more specific information. We do not condone piracy at POTOFONE.

5 Although we support free speech and the opinions of others, even if those opinions are not popular, speech that contains racial or ethnic slurs or employs malicious use of stereotypes attacking or demeaning a particular gender, race, sexual orientation or religion will not be tolerated on this website.

Termination of your account for violations is done at our discretion and is not negotiable. Once terminated, the account is terminated for forever and you will not be permitted to register again.

Inappropriate Videos

Videos flagged as inappropriate are reviewed by us to determine whether the videos violate our Terms of Use. If your video is removed after review, you can assume that we removed it for good take our warning notification seriously. Prior to posting, please read our Terms of Use and determine whether the material is suitable for the site. If you find other videos on POTOFONE with that violate these guidelines, please flag them for our review. Taking such actions does not make you a fink --- unless of course you do it out of spite.

Your contributions to POTOFONE make the website interesting to others who share common interests. We encourage you to share your experiences and opinions with other members of the community.

1 Have a good time. Enjoy watching videos or reading blogs that others have posted and contribute ones of your own. Participate in polls. Rate or review your favorite films, books, or video games and share your opinions with others. We want the experience to be informative, inspirational, and entertaining for all of our visitors.

2 Have an opinion. Leave comments, feedback, rate videos, enter contests of interest, etc. Your contributions are part of the experience and can be a great way to make friends, share stories, and make your experience on POTOFONE fuller and richer.

3 Have good sense. If you come across offensive content that violates our Terms of Use, please click "Flag as Inappropriate" and the staff at POTOFONE will review the content in question. If you don't like the video or disagree with the blog, please exercise your right to watch something else. Disagreeing with another person's opinion or finding a video boring is not a reason to flag that content as inappropriate.

Thanks and welcome to POTOFONE. We hope you enjoy the website.

Contests, Sweepstakes, Electronic Postcards and other Activities

POTOFONE provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by POTOFONE and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

PRIVACY POLICY

This Website (www.potofone.com) (hereinafter, the "Website") is provided as a service by DWR Design LLC. (hereinafter, "DWR Design") to you. DWR Design understands your need to protect your privacy (hereinafter, "You" or "you"). This Privacy Policy does not apply to information collected by DWR Design offline. This Privacy Policy was developed by DWR Design to inform you as to the information gathering and dissemination practices for this Website only. This Privacy Policy is incorporated into and is subject to the Terms of Use for this Website. Use of this Website signifies your consent to our Privacy Policy/Terms of Use as described herein.

This Website is hosted in the United States and are intended for and directed to uses in the United States. If you are a accessing this Website from the outside of the United States, please check your local laws or regulations governing personal data collection, use, and disclosure which may differ from United States law. By continuing to use this Website governed by US law, this Privacy Policy, and our Terms of Use, you hereby are consenting to the transfer of your personal information to the United States.

All videos, images, or other content posted by you onto this Website automatically becomes published content and is therefore not considered personally identifiable information subject to this Privacy Policy.

Collection of Personal Information

In order to view this Website, DWR Design does not require you to register or provide personal information. Additionally, DWR Design does not sell, trade, or rent your personal information to others. Accessing certain parts of this Website however, requires registration and/or the collection of personal information. Upon request, you may be asked to voluntarily provide personally identifiable information (including, without limitation, your name and email address) when choosing to participate in certain activities such as uploading videos, posting messages/blogging, entering contests or promotions, responding to surveys, subscribing to newsletters or mailing lists on the Website. All personal data you enter is encrypted with secure server software (SSL) that encodes the information prior to your web browser software forwarding the same. DWR Design gathers this information solely for its use and does not shared the same with third parties except as set forth herein. Commercially reasonable safeguards are sued by DWR Design in order to preserve the integrity and security of any personal information voluntarily submitted.

Please note that any personal information or video content that you voluntarily upload or submit including any submissions to discussion boards, messages, chats, blogs, on any public profile page, etc.) automatically becomes publicly available for use by others. Although your email address is not shown, your account name is displayed when you upload videos or send messages through this Website allowing other users to be able to contact you. Any videos submitted to this Website may be viewed by the general public and redistributed through the internet and other media channels without further permission from you. DWR Design does not use your email address or other personally identifiable information to send commercial messages without your consent. Your personal information may be used by DWR Design to contact you concerning changes to this Website or other administrative/customer service purposes. You, of course, will have the ability to opt-in or opt-out at anytime. In the event that you do not wish to receive such communications, please request to be removed from DWR Design's contact list by unsubscribing (opting-out) at any time by simply sending an email, including your name and email address, to: support@potofone.com will remove you from all electronic mailings. In the event that you would like to modify your profile, please also contact Customer Service a including the same information for assistance.

When you submit any personal information to DWR Design, you are responsible for its content, including the truthfulness and accuracy thereof. Although it is not DWR Design's intention to sell personal information to third parties as part of a mailing list or otherwise, nonetheless, DWR Design recognizes that unrelated third parties may observe or otherwise obtain information provided by you through electronic means other than set forth herein. DWR Design therefore can not make any absolute guarantees whatsoever to you with respect to the confidentiality of information provided to DWR Design by you electronically through the Internet, via email or otherwise.

DWR Design reserves the right to release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as US Copyright Law) or respond to a court order, subpoena, or search warrant. Further, DWR Design reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that it believes, in good faith, is appropriate or necessary to enforce the Terms of Use, as a precaution against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of this Website, and to protect the rights, property, or personal safety of DWR Design, you or others.

Sharing of Information with Third Parties

DWR Design may share aggregate and/or non-individual statistical information (e.g. non-personally identifiable information) about you with third parties, such as advertising and marketing affiliates. In no event does DWR Design sell, transfer, disclose or share with third parties personal information collected on this Website, except in the following instances:

- Third Party Vendors: From time to time, DWR Design may engage third party vendors to perform, on its behalf, functions such as sending postal mail and responding to e-mails, website evaluation, analyzing data and providing customer service and support. These approved third parties will only have access to information to the extent necessary and will be authorized not to use any personal information for any purpose other than providing such services that DWR Design has contracted for. In addition, DWR Design requires that these third party vendors maintain the confidentiality of such information.

- Special Cases: DWR Design may also disclose personally identifiable information to third parties in order to comply with law or requests by law enforcement agencies, to enforce our Terms of Use or to protect the rights, property or safety of the Website and the safety of our users or as required by law or judicial order.

- Business Transfers/Bankruptcy: In the event that all or substantially all of the assets relating to the Website are transferred or sold to another entity, please note that personally identifiable information may be transferred to the acquiring entity without notice to you with the stipulation that such information continue to be treated in a manner consistent with this Privacy Policy. In the unlikely event of bankruptcy, please note that we may be unable to control how your personal information is used.

Additionally, DWR Design allows other companies, called third-party ad servers or ad networks, to serve advertisements within this Website. In most instances, such third-party ad servers or ad networks use technology which send, the advertisements and links that appear on this Website directly to your browser and thereafter automatically receive your IP address. Third-party ad servers or ad networks sometime use other technologies (such as cookies, JavaScript, or Web Beacons) to personalize the advertising content you see or determine the effectiveness of their message.

In no event does DWR Design provide any personally identifiable information without your consent to these third-party ad servers or ad networks except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. You should consult the respective privacy policies of each third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Since we cannot control the activities of third-party ad servers or ad networks or their websites, DWR Design's privacy policy does not apply to the same.

By using this Website, you grant DWR Design permission to use cookies to provide you with a more personalized experience each subsequent time you visit this Website. "Cookies" are small pieces of information that most Websites store on your computer's hard drive when you visit them. DWR Design uses cookies to identify which pages on the Website you have selected to view for development of statistical information. As you may know, most web browsers automatically accept cookies but you may modify your security settings so that you are notified upon receipt of the same from DWR Design. This will allow you to accept or reject a cookie from DWR Design on a case-by-case. In the event that you do not accept cookies from this Website, please note that you may be able to access many of the pages contained therein.

Passwords/Security

All registered users of this Website are required to have a personal user ID (your email address) and a password specific to your account. In order to maintain the highest level of security, DWR Design warns that you should not share your password or personal user ID or password with others. Also, you may never use another's password without permission.

Accessing Your Registration Information for Corrections/Updates

Once you have registered, you may access your information by submitting your ID (your email address) and password. This password is for your protection. If you don't have your password, there is a link that reads "Forgot your password?" Click on this for instructions on how to get your password. After successfully opening an account with DWR Design, you may correct or update your registration information at any time. Additionally, you can update or correct your account information at any time by contacting Customer Service.

Contests and Sweepstakes

POTOFONE occasionally offers contests and sweepstakes, which may be entered online. To participate in a contest or sweepstakes, a child is asked to provide his or her first name and email address. Sometimes, when we conduct contests or sweepstakes that may involve more than a one-time contact, we ask additionally for the email address of his or her parent. In such types of contests or sweepstakes, we send the child's parent an email within two business days informing him or her of the child's entry and give the parent the option to have the child's entry deleted. All the information collected by potofone.com is securely maintained and used only for the purpose of conducting the contest or sweepstakes. Once the contest or sweepstakes if finished, we then delete any personal information collected. The information collected in ahealthygreenhome.com sweepstakes may be passed to a fulfillment house which may use the information to help run the contest or sweepstakes and may not use it for other purposes and has agreed to maintain the confidentiality of such information.

Children's Online Privacy Protection Act of 1998

DWR Design is committed to complying fully with the Children's Online Privacy Protection Act of 1998. Please note that DWR Design is prohibited by law from conditioning a child's participation in an activity - like registration - on the child's disclosure of more personal information than is reasonably necessary to utilized portions of this Website only accessible to registered users.

Our information collection practices are described below. DWR Design urges kids to check with their parents before entering information on any Website and parents to discuss with their kids restrictions regarding the online release of personal information. DWR Design does collect any personally identifiable information from anyone who we know to be under the age of 18. Users who are under 18 may use this Website only with involvement of a parent or guardian and should not submit any personally identifiable information to us.

Parental or Guardian Access

DWR Design's goal is to help parents ensure that their kids have a safe and fun at its Website. DWR Design has set up a system by which parents/guardians can print out and mail us a signed form that allows them to review any identifiable information collected about their child, have this information deleted, and/or request that there be no further collection or use of their child's information. You can link to that form here. DWR Design takes commercially reasonable steps to verify the identity of anyone requesting information about a child and to ensure that the person is in fact the child's parent or guardian.

Any parent/guardian who has given DWR Design permission to collect their child's information can (1) confirm, correct or have deleted the child's personal information; (2) discontinue further use of the child's information or online collection of the child's personal information and/or communication with the child; and/or (3) revoke his or her earlier consent to collect and use the child's information. Please contact us by sending an email to Customer Service, and we will review or update the child's information as appropriate. Please be sure to include in your e-mail the name, email and date of birth of your child, and your name and email.

Collection and Use of Children's Personal Information

To determine who is younger than 13 years old and whether parental consent is required, we ask users who wish to register to submit their date of birth. Users that indicate they are under 13 are directed to our Parent/Guardian Permission Form which you can link to here.

If given verifiable permission from a parent/guardian, DWR Design will collect and store the following types of personal information about a child under 13: child's name, child's e-mail address, child's mailing address, child's cell phone number (to receive text messaging), parent's/guardian's name, mailing address, phone number, and e-mail address. DWR Design will also collect the child's date of birth and link it to the child's personal information after obtaining consent. DWR Design will only collect this information if it is voluntarily submitted to us by the child or parent/guardian and provided with the parent's/guardian's verifiable permission.

Information contained in a cookie may be linked to a child's personal information, however, DWR Design does not collect personal information about a child through the use of passive collection mechanisms.

We may also use a child's information to send the child messages (via e-mail, regular mail, or text messaging) from DWR Design upon receiving the appropriate permission.

In the event that DWR Design acquires personable identifiable information of any person under 13 without the consent of a parent or guardian, DWR Design will delete this information upon notification.

E-mail to a Friend

If you are a registered user of this Website, you will have the opportunity to e-mail pages from or links to this Website to others. In order to accomplish this, you must provide to us your friend or family's first names and e-mail addresses, as well as your e-mail address. We only use this information to send your friend or family the product pages you requested that they receive. We delete this information after we send them the pages or User Submission you requested they receive.

Links to Third Party Websites

DWR Design's Website contains links to other Websites of interest to our customers. DWR Design's Privacy Policy applies solely to this Website and not to any other Websites to which DWR Design's Website may link.

FOR RESIDENTS OF CALIFORNIA ONLY: Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of customers' personal information with third-parties. These businesses are required to accept such requests from customers but are only required to honor one request per calendar year. In each instance, businesses have thirty (30) days to respond to each inquiry. Each inquiring customer is entitled to receive an explanation of the categories of customer information shared and the names and addresses of the third-party businesses. In limited circumstances, customers' failure to submit requests in the manner specified will not require a response from the business.

If you are a resident of California and a current DWR Design, you may be eligible to request such information from DWR Design by sending an email correspondence noting your name, address, and email address to Customer Service. Further, you must also include a request that DWR Design provide such information to you using the following or similar text in your correspondence. "I request that DWR Design provide its third-party information sharing disclosures required by Section 1798.83 of the California Civil Code." This same request may be made by regular mail by sending a written communication containing the information above to:

DWR Design, LLC.

Attn: Customer Service

dr@dwrdesign.com

DWR Design reserves the right to change or update this Privacy Policy at any time by notifying visitors of the existence and location of any new or revised Privacy Policy. This Privacy Policy was last updated on May 30, 2009.

DWR Design welcomes your questions and comments about our Privacy Policy or this Website. Please send e-mail to: dr@dwrdesign.com

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

548 CARROLL HINKLEY RD

ROXBURY NY 12474-1940

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

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

In order to file a copyright infringement complaint with us, we require a written communication that includes substantially the following information:

- 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 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.

Such written notice should be sent to our designated agent as follows:

DWR Design, LLC.

Attn: Webmaster / Digital Millennium Copyright Act Complaints

548 CARROLL HINKLEY RD

ROXBURY NY 12474-1940

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.

DWR Design specifically reserves the right to terminate registered users who are repeat infringers in accordance with the Terms of Use herein.

We also strongly recommend that you consult your lawyer or review Section 512(c)(3) of the Copyright Act to confirm these requirements and also be sure that you claim is legitimate since any person who knowingly materially misrepresents that material or activity is a copyright infringement may also be subject to liability.

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