TERMS AND CONDITION
ACCEPTANCE OF TERMS; BINDING CONTRACT
The Terms constitute a binding agreement between Digitalworkbench Inc. (“Company”) and (“Client” “You”). The Terms apply to all services and products, and related support and consulting services and products (each a “Service” and collectively “Services”), made available by Company to Client. By accepting these terms, electronically or in writing, or by otherwise using the Service or the Services, including, but not limited to, the submission of materials, information and/or content to Company for Company’s performance or rending of Services, or making payment and/or authorizing payment to Company, Client agrees to be bound by these Terms.
You acknowledge and agree that all content, design elements, and materials available on this Website are protected by copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws.
Except as provided below, Company and its affiliates and licensors retain all right, title and interest in and to the Services, excluding your user content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Company’s intellectual property in whole or in party, except as expressly permitted in these Terms or with the prior written consent of Company. You agree to use the Services only in accordance with these Terms. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Company application.
EXCLUSION OF WARRENTIES
You expressly understand and agree that your use of the offering is at your sole risk and that the offering are provided on “as is” basis. In particular, Company does not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by you as a result of your use of the offering will be accurate or reliable, and any material downloaded or otherwise obtained through the use of the offering is done at your own discretion and risk and Company will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Company shall have no liability for the accuracy or content of the information contained in or for delays or omissions therein. Nor shall Company its affiliates and each of their directors, employees, agents and representatives, be liable for any third-party claims or losses of any nature, including but not limited to, lost profits, punitive, indirect or consequential damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental, exemplary, punitive, direct, indirect, special or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of Company shall be limited to the greatest extent permitted by law.
In the event that a product is mistakenly listed at an incorrect price, Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue a credit to your credit card account in the amount of the incorrect price.
As Company strives to offer the very best Services, there are certain guidelines and policies that must govern Company’s efforts and relationships with its Clients. Practices that are in violation of these guidelines and policies are forbidden and will result in the immediate termination of Company’s Services. Client acknowledges and agrees that Company has sole discretion over decisions regarding compliance with these guidelines and policies. Unacceptable practices include, but are not limited to:
- Adult or pornographic material including, but not limited to, sexually explicit or suggestive
- Sexually oriented products or material
- Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or
- Offensive or otherwise distasteful material
- Bulk emailing tools
- Distribution of internet viruses or other harmful or destructive activities
- Gambling, gaming, lotteries, and similar activities
- Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwiseobjectionable content or language
- Defamatory, hateful or revenge content or language. Content or language that is harmful to minors in any way
- Intentional or unintentional violations of any applicable local, state, national or international law.
- Reselling email accounts or hosting accounts to third parties
- Reselling of any Company services including, but not limited to, design services and updates to third parties without a written re-seller agreement.
- Spamming and all other forms of unsolicited messages including, but not limited to, spam, pyramid schemes, chain letters, and junk email
- Links to other websites that are in violation of Company’s policies and guidelines
- Other activities, whether lawful or unlawful, that Company deems to be in poor taste or that reflect adversely on Company or Company’s other clients
- Company reserves the right to refuse to design or host an account at its sole discretion at anytime.
Company retains the right to terminate any Client that is in violation of the letter or spirit of this Company. At its sole discretion and at any time, Company may discontinue providing Services, or any part thereof, with or without notice.
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
THIRD PARTY WEBSITES
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party websites should be directed to its respective site administrator.
1-800 390 8757