TERMS OF USE
[Updated 2/4/2010]
Acceptance of Terms. This is the agreement between Website Forge, LLC ("Website Forge") and you, the user of this Site. Website Forge makes this web site (the "Site"), including software belonging to Website Forge (the "Software") and all information, documents, communications, files, text, graphics and products available through the Site (collectively, the "Materials") and custom design services (the "Custom Design Services") operated by Website Forge and third party affiliates of Website Forge through the Site, available for your use subject to the terms and conditions set forth in this document and any changes to this document that Website Forge may publish from time to time (collectively, the "Terms of Use").
By accessing or using this Site in any way, including, without limitation, using the Software or Custom Design Services, using or downloading any of the Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Website Forge reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Software, Materials or Custom Design Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site and the Software, Materials and Custom Design Services automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
Payment of Fees. Please be aware that certain Software and Materials provided through this Site are available only to persons who are covered under a paid subscription ("Subscribers"). By subscribing to use the Software and Materials, or registering with Website Forge or its affiliates to provide Custom Design Services, you authorize Website Forge to charge your credit card the respective fees posted on the Site, which are subject to change. You should periodically check the Site to view the then-current fees. Your failure to pay any then-current fee shall automatically terminate your authorization to use the Site, Software, Materials and Custom Design Services.
Set-Up & Monthly Fees include many services above and beyond the basic hosting of your web site including project management and technical support. Set-Up & Monthly fees start immediately upon purchase of your web site and are non-refundable along with other products you may purchase from WebsiteForge from time to time.
Your monthly Managed Services & Hosting solution is fully accessible and functional. As such, the monthly charges you agreed to upon purchase will not be suspended even if you choose to wait to begin building or selling.
100% Satisfaction Guarantee. Website Forge Offers A 100% Satisfaction Guarantee for your custom graphic web design with unlimited revisions! If you're not satisfied with our designs we will continually offer designs until you approve one. With this being stated, Website Forge maintains the right to refund any client for any reason and does not offer this 100% Satisfaction Guarantee as a Money Back Guarantee. Website Forge at its discretion will determine any refund offer if any. Website Forge is a fair and just company with an excellent rating with the Better Business Bureau
Website Forge follows the BBB accreditation standards which include a commitment to make a good faith effort to resolve any consumer complaints.
BBB Code of Business Practices represents standards for business accreditation by BBB. The Code is built on the BBB Standards for Trust, eight principles that summarize important elements of creating and maintaining trust in business.
Build Trust
Establish and maintain a positive track record in the marketplace.
Advertise Honestly
Adhere to established standards of advertising and selling.
Tell the Truth
Honestly represent products and services, including clear and adequate disclosures of all material terms.
Be Transparent
Openly identify the nature, location, and ownership of the business, and clearly disclose all policies, guarantees and procedures that bear on a customer’s decision to buy.
Honor Promises
Abide by all written agreements and verbal representations.
Be Responsive
Address marketplace disputes quickly, professionally, and in good faith.
Safeguard Privacy
Protect any data collected against mishandling and fraud, collect personal information only as needed, and respect the preferences of consumers regarding the use of their information.
Embody Integrity
Approach all business dealings, marketplace transactions and commitments with integrity.
It is important to have clear communication with the Project Manager. Typically we can have your design ready in 2-3 weeks with good communication from both parties. Once the design is ready we enter all your content and set-up your site which takes about 1 week for an Informational site and 2 weeks for an E-Commerce site. (3-6 weeks total)
Website Forge Design Services allow you to have a unique, custom look for your website. Designs are built just for you, specific to your requirements including colors, style and imagery. We offer Unlimited Design Revisions until you are 100% Satisfied, then the Design is applied to your site.
Please note that while your design project is in process, your monthly hosting solution is fully accessible and functional. As such, the monthly hosting charges you agreed to upon purchase will not be suspended even if you choose to wait for the completion of your design project to begin building or selling. If you have any questions about how to prepare or use your store while the design project is still in process, please contact your Project Manager or the Support department by phone (1-888-558-2446 option 2), Live Online Chat, or Ticket. It is recommended to sign up for our Training Classes by clicking on our Support Page or watch our Online Training Videos to familiarize yourself with all the options we offer.
This Policy is subject to change without notice.
How to cancel your Managed Services & Hosting. If you would like to cancel your services offered by Website Forge please do the following: (a) login to your site at websiteforge.com in the upper right hand side, go to your Member's Area on the left hand side, select Dash Board, then select Sites & Invoices. On the right hand side you'll see a blue link called Terminate Site, click that to proceed to cancel online. (b) if by facsimile, please send a SIGNED fax to (517) 338-5064, or (c) if by United States mail, to Website Forge, LLC, Attn: Shane Merem, P.O. Box 358, Fowlerville, MI 48836.
Upon receipt of your written request, Website Forge shall have the right to immediately discontinue any and all services provided to you without further notice or liability.
If you would like to have Website Forge send you a copy of your website in HTML minus all proprietory software it will cost you $99 and Website Forge will deliver it in a ZIP FILE FORMAT.
If you would like to have Website Forge store your site for up to 5 years on our backup server in case you should ever change your mind, Website Forge charges $99 to provide that service for you, otherwise your site is immediately deleted from the server. There is also a reinstatement fee of $99 if during those 5 years you would like to reactivate your website.
This Policy and the fees mentioned are subject to change without notice.
Zero Response. If any Project goes 30 days without progress and or communication from your end, our Policy is to place your Project Zero Response. There, all communication is saved and the Project will be put on-hold until we hear back from you. Once you're ready to proceed there is a $99 fee to bring the Project back to Active mode and resume working with the Project Team.
Content. All Software and Materials provided by Website Forge and its affiliates are collectively referred to as "WSF Content." Information, materials, files, communications and documents that are provided to Website Forge by users in connection with their use of the Site are referred to collectively as "User Content." Materials, information, services and software provided by third-parties are referred to collectively as "Third-Party Content."
Intellectual Property. The WSF Content on this Site is protected by copyright, trademark, patent and/or other intellectual property laws, and any unauthorized use of the WSF Content on this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Website Forge and its affiliates do not grant you any express or implied rights to use the WSF Content. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or the WSF Content, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with your use of the Site.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Website Forge, its affiliates, or other third parties. You are not permitted to use the Marks without the prior written consent of the party that owns the Marks. Website Forge, WebsiteForge.com, and the Website Forge logo are trademarks of Website Forge, LLC.
Use of Software, Materials, WSF Content and User Content. By subscribing, you are granted a limited, non-exclusive and non-assignable license to use the Software and Materials available on the Site. You will not be authorized to use the Software or Materials unless you agree and adhere to the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software available on the Site. Except as indicated to the contrary elsewhere on this Site, you may view, download and print WSF Content and User Content available on this Site subject to the following conditions:
1. WSF Content and User Content may be used solely for personal, informational and internal purposes.
2. WSF Content and User Content may not be modified or altered in any way.
3. WSF Content and User Content on the Site may not be distributed or sold, rented, leased or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in WSF Content and/or User Content.
5. Website Forge reserves the right to revoke your authorization to view, download and print WSF Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Website Forge.
6. The rights granted to you constitute a license and not a transfer of title.
Use of Third-Party Content. Your use of Third-Party Content is governed by separate license agreements with each respective third-party. Neither Website Forge nor its affiliates offer any guarantee and assume no responsibility or liability of any type with respect to Third-Party Content, including any liability resulting from incompatibility between the Third-Party Content and the Software, Materials and Custom Design Services offered by Website Forge. You agree that you will not hold Website Forge responsible or liable with respect to your use of Third-Party Content or seek to do so.
Important exceptions. Various sections of the Site showcase the work of creative professionals. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
The rights specified above to view, download, and print the WebsiteForge.com Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Your Website. Any website that you design using the Software, Materials and/or Custom Design Services available through the Site shall be hosted by Website Forge and/or its affiliates, as determined in the sole discretion of Website Forge.
From time to time, Website Forge and its affiliates may offer Custom Design Services, which are not included in your subscription. When using Custom Design Services offered by Website Forge and its affiliates, you shall be subject to any posted guidelines, rules or licenses applicable to such Custom Design Services and to the Terms of Use. Such guidelines, rules or licenses may contain terms and conditions in addition to those in the Terms of Use.
If you are subscribing to use the Software and Materials offered by Website Forge, but have not purchased any Custom Design Services, then Website Forge shall be the sole owner of your website (the "Licensed Site"), including all technology, scripts and programs, in object code and source code form, except User Content and Third-Party Content. You shall have the right, but not the obligation, to purchase, at any time, the HTML source code of your Licensed Site for a fee to be solely determined by Website Forge.
If you are subscribing to use the Software and Materials offered by Website Forge, and have purchased Custom Design Services, then Website Forge shall remain the sole owner of all technology, but you shall own all of your User Content and shall have the right to receive, upon reasonable request, a copy of all scripts and programs purchased as Custom Design Services, as well as a copy of your website in object code and source code form, except Third-Party Content, and provided that you shall not have made a written refund request pursuant to the Money-Bank Guarantee/Refund Policy, above.
The parties agree that their relationship is not that of employer and employee, and they do not intend, by reason or operation of this Agreement, to create a joint venture, partnership, corporation or limited liability company. This Agreement creates no relationship between
Licensor and Licensee other than that of a licensor to a licensee. Licensee has no authority to commit Licensor in any manner or to incur any obligation on behalf of or in the name of Licensor.
Use of Design Content. Subscribers and other persons registered to use the DesignTeam service may use the Design Content in any manner that has been agreed upon by the user providing such Design Content. It is your sole responsibility to discuss with others in your Work Group and determine what limitations, if any, are placed on your use of the Design Content distributed within your Work Group. If you obtain access to materials created or used by others outside of your Work Group in conjunction with the DesignTeam service, you have no right to use such materials in any way. You also acknowledge that WebsiteForge.com has no liability of any kind should members of your Work Group modify, destroy, corrupt, copy or distribute your Design Content.
License to Website Forge for User Content. Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site, you grant WebsiteForge.com and Website Forge, LLC (for the purposes of this section, "Licensees") one or more of the following types of licenses:
1. For User Content that is the result of your creative efforts and which is intended to be displayed on your site, you grant Licensees a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance or site administration only) and reproduce such User Content for the full duration of your subscription. You also grant Licensees the right to distribute and publicly display your web site during the term of your subscription, including but not limited to such User Content, for the purpose of promoting their services. If you submit User Content to Licensees, you acknowledge that such content may be modified and annotated. You acknowledge and agree that any User Content you submit to Website Forge, such as actions or extensions, may be downloaded, modified, reproduced and distributed by users of this Site.
2. If you submit or contribute comments to the WebsiteForge.com User to User Forums, or bug reports, piracy reports or product suggestions to Website Forge ("us"), you grant us and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Website Forge and its affiliates ("we") are free to use any ideas, concepts, know-how or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Website Forge or others.
License to Website Forge for Design Content. For Design Content that is intended to be accessible only to members of your Work Group, you grant Website Forge the right to copy, display, distribute, and otherwise use such Design Content in connection with operation of the DesignTeam service. You agree that Website Forge may access and/or disclose such Design Content if Website Forge has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the DesignTeam service; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect Website Forge or others from liability or damages. Website Forge has no obligation to retain Design Content once the applicable subscription agreement has expired or terminated, and you agree that Website Forge shall not be liable for any failure to store Design Content after such expiration or termination.
Prohibited Communications. You may submit only User Content or Design Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in termination of your web site, and/or denial of or limitations on access by you to this Site.
User Conduct. In using the Site, including all Services and Materials available through it, you agree:
1. not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
2. not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
3. not to create a false identity;
4. not to use or attempt to use another's account, password, service or system without authorization from WebsiteForge.com;
5. not to access or attempt to access any Design Content which you are not authorized to access; and
6. not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
Managing Content and Communications. Although it is not our intention to do so, we reserve the right, in our sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have reason to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, we reserve the right to delete or remove User Content if the relevant subscription has expired or lapsed or if we have a good faith belief that the user posting such User Content has violated these Terms of Use, or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect our rights or the rights of others.
We may, but are not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, we will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity or otherwise. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any User Content.
Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of your account number, account name and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name and/or password, whether actually or expressly authorized by you, unless access to your account number, account name and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) WE DO NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) WE MAKE NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. WE ASSUME NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International Users. This Site can be accessed from countries around the world and may contain references to our products, services and programs that are not available in your country. These references do not imply that we intend to announce such products, services or programs in your country.
The Site is controlled, operated and administered by Website Forge, LLC from its offices within the United States of America. We make no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
Personal Information And Privacy. To learn about how we protect your personal information, such as your name and address, refer to our online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of User Content, any non-personal information or material sent to us will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property or safety of us or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use the Services.
LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Notification Of Copyright Infringement. We will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide us with a notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the WebsiteForge.com site;
4. information sufficient to permit WebsiteForge.com to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send your notice of claims of copyright infringement to our Copyright Agent, as follows: If by email, to info@websiteforge.com
If by facsimile, to (517) 338-5064.
If by United States mail, to Website Forge, LLC, Attn: Shane Merem, P.O. Box 358, Fowlerville, MI 48836.
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
Export Control Laws; Notice to U.S. Government Users. The export and re-export of our software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods. In addition, our software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By using our software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All of our products and publications are commercial in nature. The software and documentation available on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Indemnity and Liability. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of your employees, representatives, agents, successors or assigns, or your violation of any rights of another person or entity.
Attorney's Fees. If Website Forge or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
Injunctive Relief. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Website Forge as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Website Forge shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Website Forge in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Website Forge, LLC from its offices within the State of Michigan, United States of America. By accessing this Site, you and we agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Michigan, without regard to the conflicts of laws principles thereof. You and we also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Oakland County and the United States District Court for the Eastern District of Michigan with respect to such matters.
Language. It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
General. The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between us and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
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