Last updated 07/15/16
Since Terms of Use contain legal obligations, please read them carefully.
Your use of the Siteworx, LLC (“Siteworx”) website (“Site”) is subject to the following Terms of Use (“Terms”). Siteworx reserves the right to update the Terms at any time without notice to you.
Please review Siteworx’s Privacy Policy for disclosures relating to the collection and use of your information.
This Site and all its Contents are intended solely for personal, non-commercial use. Except as expressly provided, nothing within the Site shall be construed as conferring any license under Siteworx’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of Siteworx and its affiliates, licensors, and service providers. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any Siteworx server, or the network(s) connected to any Siteworx server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Siteworx server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Siteworx’s visitors and the inclusion of any link does not imply endorsement by Siteworx of the linked Site. Such Linked Sites are not under Siteworx’s control, and Siteworx is not responsible for and does not endorse the content of or any changes or updates to such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SITEWORX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SITEWORX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITEWORX SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SITEWORX’S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using the Site you agree to indemnify Siteworx and affiliated entities (collectively “Indemnities”) and hold them harmless from any and all claims and expenses, including (without limitation) attorney’s fees, arising from your use of the Site.
This Site is controlled, operated and administered by Siteworx, from its offices. Siteworx makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of Law, Limitation of Actions, Severability, Non-Waiver and Merger. You hereby consent to jurisdiction and venue in the state and federal courts and waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail with delivery receipt to the address you provided to Siteworx) and agree that any claim against Siteworx must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever. If any provision of these Terms of Use is held to be invalid or unenforceable, the provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Siteworx’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and Siteworx with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between Siteworx’s representatives and you with respect to the subject matter hereof.
No Joint Venture, No Derogation of Rights. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Siteworx as a result of these Terms or your use of the Site. Siteworx’s performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Siteworx with respect to such use.