Welcome to WebAdur Ltd (referred
to as “WebAdur Ltd”) where affordable
web design is the name of the game. This
WebAdur Ltd Services Member Agreement (the
"Agreement") explains the terms
and conditions governing your use of WebAdur Ltd’s services, technology, and
any other content available on the WebAdur Ltd
service. By checking the box and clicking
on the ‘Continue’ button, you
accept these terms and conditions and acknowledge
that the WebAdur Ltd service is subject
to certain limitations set forth below.
If you do not wish to accept this agreement,
do not purchase this service. By registering
and purchasing any WebAdur Ltd service,
you agree to use the WebAdur Ltd service
in a manner consistent with all applicable
laws and regulations and in accordance with
the terms and conditions outlined below.
1. Services
(a) Generally. Purchasing WebAdur Ltd's
service entitles you (a "Member")
to all the tools, content, and services
available on the system regardless of your
use of them.
If you would like to switch WebAdur Ltd
services, please contact Customer Care or
apply the changes on your own (in your "Account
Summary" in the Customer Login Area.
(b) WebAdur Ltd Services and Technology:
You will be able to use the proprietary
and licensed technology incorporated in
the WebAdur Ltd Service ("Technology").
to build and maintain your web site ("Member
Site") WebAdur Ltd may offer other
tools and services that are not included
in any WebAdur Ltd Service, including premium
or custom services for which an additional
fee will apply. Separate terms and conditions
apply for each WebAdur Ltd solution and
will be outlined in a separate agreement.
2. Payment Terms
(a) For access to and use of any WebAdur Ltd
Service, you agree to pay all fees and charges
specified in the WebAdur Ltd Service fee
schedule. All fees are due immediately and
are non-refundable. WebAdur Ltd asks that
you provide us with your credit card information
for payment, and all charges you incur for
use of the WebAdur Ltd Service will be charged
to the credit card number you provide. If
WebAdur Ltd does not receive payment from
the card issuer, you agree to pay WebAdur Ltd
all amounts due upon demand. WebAdur Ltd
may take commercially reasonable actions
to validate your credit card and collect
all payments due. You agree to pay all legal
and collection fees arising from any efforts
to collect any past due amounts from you
to the extent allowed by law. You understand
that if WebAdur Ltd does not receive timely
payment of all amounts due for any Solution
you purchase, your use of any WebAdur Ltd
Service or Solution may be severely restricted
or terminated at WebAdur Ltd's sole discretion.
This includes any Information you provide
to WebAdur Ltd while using any WebAdur Ltd
Service or Solution.
THE FEE FOR ANY WebAdur Ltd SERVICE IS NONREFUNDABLE.
WebAdur Ltd WILL NOT REFUND ANY FEES PAID
BY YOU IF YOU TERMINATE YOUR AGREEMENT WITH
US.
(b) WebAdur Ltd reserves the right at its
sole discretion and as it deems appropriate
to add or remove certain services it offers
and change its fees for any services in
accordance with Section 4.
(c) You agree to notify WebAdur Ltd immediately
if you suspect unauthorized use of the WebAdur Ltd Service, your credit card, or your
password.Generally, credit card providers
will not hold you liable for more than £50
of fraudulent charges. Subject to the following,
if your credit card provider holds you liable
for any of this £50, WebAdur Ltd will
cover your entire liability up to the full
£50. WebAdur Ltd will cover this liability
only if the unauthorized use of your credit
card is solely a result of a negligent act
or omission by WebAdur Ltd, and only for
purchases made at WebAdur Ltd while using
the secure server. In the event of an unauthorized
use of your credit card, you must notify
your credit card provider in accordance
with its reporting rules and procedures.
(d) You agree to pay any taxes, including
personal property taxes or sales taxes (VAT
for UK Customers), resulting from your use
of the WebAdur Ltd Services. You agree to
pay all legal and collection fees arising
from our efforts to collect any past due
amounts from you to the extent allowed by
law.
3. Restrictions and Description of Prohibited
Acts
(a) You may not use the WebAdur Ltd Service
or WebAdur Ltd Solution, the selection of
a web address for your Member Site, the
Technology, or the Member Site to, including,
but not limited to:
(i) display material containing pornographic
material or adult paraphernalia of any kind,
whether viewable by the general public or
hidden in password protected areas
(ii) provide material that is grossly offensive
to the WebAdur Ltd online community, including
blatant expressions of bigotry, prejudice,
racism, hatred, or profanity, or post any
obscene, lewd, lascivious, filthy, excessively
violent, harassing, or otherwise objectionable
content
(iii) sell or promote any products or services
that are unlawful in the location at which
the content is posted or received
(iv) access illegally or without authorization
any computers, accounts, or networks of
WebAdur Ltd or any WebAdur Ltd Member, or
attempt to penetrate WebAdur Ltd's security
measures ("hacking"), or conduct
a port scan, stealth scan, or other information-gathering
activity the intent of which is to gather
information to be used to attempt a system
penetration; or upload to WebAdur Ltd, send
through WebAdur Ltd, or have WebAdur Ltd
host or distribute any Internet viruses,
worms, Trojan horses, other harmful code,
pinging, flooding, mail bombing, or denial-of-service
attacks; or disrupt the use of or interfere
with the ability of others to effectively
use an WebAdur Ltd Service or any connected
network, system, service, or equipment
(v) display material that exploits, or otherwise
exploit, children under 18 years of age
(vi) post any content or otherwise infringe
in any way or violate any copyright, patent,
trademark, service mark, trade name, trade
secret, or other intellectual property right
of any third party
(vii) promote, solicit, or participate in
pyramid schemes
(viii) post any content that holds WebAdur Ltd
up to public scorn or ridicule
(ix) engage in any libellous, defamatory,
scandalous, threatening, or harassing activity
(x) post or disclose any personally identifying
information or private information about
children or any third parties without their
consent (or their parents' consent, in case
of a minor)
(xi) post any content that advocates, promotes,
or otherwise encourages violence against
any governments, organizations, groups,
or individuals or that provides instruction,
information, or assistance in causing or
carrying out such violence.
(xii) post any information, images or content
that WebAdur Ltd (in its sole discretion)
deems immoral or unfit for general public
consumption.
(b) You agree that without the express consent
of WebAdur Ltd (and showing proof of the
appropriate licenses where necessary or
appropriate), you will never provide, sell,
or offer to sell the following products
or content (or services related to the same)
on the Member Site you create: pharmaceutical
or any other controlled substances; illegal
drugs; illegal drug contraband; alcohol;
firearms; weapons; pirated computer programs;
pornography or illicitly pornographic sexual
products; adult paraphernalia; programs
to "nuke" or create attacks against
another individual or an Internet service
provider; illegal goods; escort services;
instructions on how to assemble or otherwise
make bombs, grenades, or other weapons;
information used to circumvent manufacturer-installed
copy-protect devices; or computer software
viruses or software designed to create a
virus.
(c) You also agree that you will never promote
or provide instructional information about:
illegal activities, activities that can
lead to physical harm to any group or individual,
or any activities that lead to cruelty to
animals. You may not use the WebAdur Ltd
Service, Technology, or Member Site in any
high-risk activities where damage or injury
to persons, property, environment, or business
may result if an error occurs. YOU EXPRESSLY
ASSUME ALL RISK FOR SUCH USE.
(d) Unless WebAdur Ltd offers a service
to conduct any of the following, you agree
that you will never conduct the following
types of activities on the Member Site:
gambling; sweepstakes; raffles; lotteries;
contests, pyramid, or Ponzi schemes; and/or
unsolicited commercial Email (spam).
(e) You agree that you will not (and you
will not allow any third party to) partake
in the following actions: reverse engineering,
reverse compiling or otherwise deriving
the underlying source code or structure
or sequence of any WebAdur Ltd Service,
WebAdur Ltd Solution, or any Technology;
individual passwording of Member Sites (or
pages contained therein); deleting or altering
author attributes or copyright notices,
unless expressly permitted in writing by
the author or owner; and/or fail to obtain
all required permissions when using an WebAdur Ltd Service, WebAdur Ltd Solution, or
Technology to receive, upload, download,
display, distribute, or execute programs
or perform other works protected by intellectual-property
laws, including copyright and patent laws.
(f) You agree and acknowledge that at all
times, WebAdur Ltd retains all rights to
the graphical design of the website or template
used by you as a paying customer. Images
are licensed royalty-free images that WebAdur Ltd does not sell, sublicense or offer
for lease to any customers before, during
or after their time with WebAdur Ltd as
a customer.
4. Changes to the Terms and Conditions
WebAdur Ltd may at any time, with notice
of not less than thirty (30) days, change
its fees and change the terms of this Agreement.
Except for the addition of new tools and
services, WebAdur Ltd will also give reasonable
notice before any modification of the then-current
WebAdur Ltd Service that could change your
Member Site. WebAdur Ltd will announce changes
to our fees and charges by posting them
in the Home section of our service (first
page once a customer logs into to Client
Area). WebAdur Ltd may, at its discretion,
supplement such notice by sending you an
email or by putting a popup notice on your
screen when you access the WebAdur Ltd Service,
or by sending you a letter. If you find
any change to be unacceptable, you are free
to terminate this agreement by following
the steps described in Section 8.
5. WebAdur Ltd Signature
WebAdur Ltd relies on the ongoing support
of its customers to help fund the services
it offers its Members. Accordingly, WebAdur Ltd reserves the right to include its
signature in text ("online website
builder: WebAdur Ltd ") at the bottom
of each web page WebAdur Ltd hosts. This
will be unobtrusive so as not to detract
or in any way distract our customers’
web site visitors.
6. Information About You and Your Business
(a) WebAdur Ltd is committed to protecting
your privacy. WebAdur Ltd will never sell
personally identifiable information about
you or your business to any third party
without first receiving your permission,
and all uses of any personally identifiable
information about you or your business will
be subject to our Privacy Policy.
(b) In order to protect you, WebAdur Ltd
uses state-of-the-art technology to protect
your data from unauthorized third parties.
Currently WebAdur Ltd uses Secure Sockets
Layer (SSL) software to protect your data
and secure your transactions. SSL encrypts
or "scrambles" all your personal
information, including your credit card
number, name, and address, as it is transmitted
over the Internet. For more details, please
visit Security.
7. WebAdur Ltd Rights
(a) Member Site Content Changes. WebAdur Ltd
reserves the right to make changes to Member
Site upon written request by you to Customer
Care to do so, such as through email, or
upon breach of any of the provisions of
this Agreement by providing you notice of
such breach and reasonable time, determined
by WebAdur Ltd at its sole discretion, to
rectify the infringing content. If after
such time has expired the Member Site does
not conform to WebAdur Ltd's satisfaction,
WebAdur Ltd may make changes to the content
of Member Site to bring it to compliance
with this Agreement. Member agrees not to
hold WebAdur Ltd liable for any foreseeable,
unforeseeable, direct, or indirect consequences
that may result from changes made by Customer
Support to Member Site in response to Member
request to do so or in response to a Member
Site that breaches this Agreement. WebAdur Ltd's
decisions are final and binding. Notwithstanding
the above, WebAdur Ltd also reserves the
right to discontinue the provision of any
or all aspects of the WebAdur Ltd Service
or any WebAdur Ltd Solution to any Member
for any breach of this Agreement.
(b) Communications. You will receive a confirmation
email from us at the time of registration.
Once registered, you can set your email
subscription preferences by clicking on
the My Account link in the upper right corner
of the Service, then choosing the Email
Subscriptions link. If you choose to receive
Member communications, you may choose to
change your email preferences at any time
by following the instructions above. WebAdur Ltd reserves the right to communicate
with all Members regardless of their email
subscriptions in the event that important
messages need to be communicated to Members,
including, but not limited to, service outages,
material changes or modifications to the
service, and notice of changes to this Agreement.
8. Term/Termination
(a) Term.
This agreement shall be effective upon when
you click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by WebAdur Ltd.
(i) WebAdur Ltd may at any time without
notice to you discontinue any or all aspects
of the WebAdur Ltd Service or restrict your
use of the WebAdur Ltd Service in whole
or in part for any breach of this Agreement
by you; or if WebAdur Ltd determines in
its sole and exclusive judgment that terminating
your use of the WebAdur Ltd Service is necessary
for security reasons or for proper continued
operation of the WebAdur Ltd Service; or
your use of the WebAdur Ltd Service, WebAdur Ltd Solution, or Technology is not for
legitimate business purposes, or your use
of the WebAdur Ltd Service violates any
laws or regulation; or if WebAdur Ltd receives
information that the WebAdur Ltd Service
or your use of the WebAdur Ltd Service (or
any part thereof) may violate any third-party
right.
(ii) WebAdur Ltd may at any time, with thirty
(30) days notice to you, modify or discontinue
any or all aspects of the WebAdur Ltd Service.
(iii) WebAdur Ltd may at any time, with
ten (10) days notice to you, modify or discontinue
any or all aspects of the WebAdur Ltd Service
or any WebAdur Ltd Solution, if the credit
card number you provide WebAdur Ltd expires,
or if WebAdur Ltd is unable to charge valid
charges to that credit card number, or if
you otherwise fail to make payments due
to WebAdur Ltd hereunder.
(iv) Upon termination of this Agreement,
all rights granted to you under this Agreement
shall terminate immediately. If WebAdur Ltd
terminates this Agreement or suspends your
access to the WebAdur Ltd Service, you will
remain liable for the full charge for the
period during which we terminate or suspend
your WebAdur Ltd Service. Following such
termination or suspension, you agree not
to reregister for or otherwise access the
WebAdur Ltd Services without WebAdur Ltd's
prior written approval. WebAdur Ltd reserves
the right to delete any data files associated
with your use of the WebAdur Ltd Service
upon termination of this Agreement.
(v) In the event that a charge back occurs
on your credit card which is your responsibility
(for example, insufficient funds) then you
agree to cover the charges imposed on WebAdur Ltd by the credit card company or bank.
If the error is as a result of WebAdur Ltd’s
mistake, no charge back fee will apply.
(c) Termination by You.
You may cancel your WebAdur Ltd Service
at any time. To cancel, you must submit
a written request to Customer Care at least
five (5) business days before the beginning
of your next billing period. If your notice
to WebAdur Ltd is within this five (5) business-day
period before the beginning of your next
billing period, you will be charged for
the subsequent billing period, and the cancellation
will take effect for the following billing
period. Any cancellations that occur after
the monthly payment is withdrawn from your
credit card are non-refundable and are not
pro-rated.
Effects of Cancellation
If you cancel your WebAdur Ltd Service,
then as of the end of the applicable billing
period, you will no longer have access to
any of the tools and services included in
the service, therefore:
(i) WebAdur Ltd will no longer host your
web site, and all of your Information will
be deleted
(ii) you will no longer have access to any
site building services, communication tools,
or reports
(iii) you will no longer have access to
your Web Mail, and any files, emails, attachments,
email addresses, and any other information
or content included in your Web Mail account
will be deleted
(iv) you will have no rights to the graphics
or design WebAdur Ltd has provided once
cancellation is in effect (i.e.: design
and graphics are the sole property of WebAdur Ltd).
WebAdur Ltd IS NOT RESPONSIBLE FOR THE DELETION
OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT,
OR ANY OTHER CONSEQUENCE OF YOUR DECISION
TO CANCEL THIS SERVICE.
9. Indemnification
You agree to indemnify WebAdur Ltd and hold
WebAdur Ltd harmless against any and all
liabilities, cost, and expenses, including
reasonable legal costs related to or arising
from:
(i) your use of the WebAdur Ltd Service
in a way that is prohibited or restricted
under this agreement
(ii) infringement of any copyright, trademark,
intellectual property, or other right or
patent by any material you post or use on
your Member Site
(iii) any breach by you of this Agreement;
and/or
(iv) any indecent, obscene, or libellous
material posted on your Member Site.
10. Reporting Violations
WebAdur Ltd does not routinely monitor the
content of Member Sites but will investigate
complaints of a violation of third-party
rights. Violations or infringement of a
third-party copyright, other intellectual
property right, or other right will be dealt
with in accordance with the WebAdur Ltd
policy.
11. Proprietary Rights
As between the parties, WebAdur Ltd acknowledges
that it claims no proprietary rights in
your Information or any intellectual property
right contained therein. As between the
parties, you acknowledge and agree that
WebAdur Ltd and its licensors own all right,
title, and interest in:
(a) the WebAdur Ltd Service or any WebAdur Ltd
Solution
(b) the Technology available on the WebAdur Ltd Service or WebAdur Ltd Solution
(c) and all content, including but not limited
to text, software, music, sound, photographs,
video, graphics, or other material contained
or maintained on the WebAdur Ltd Service
or WebAdur Ltd Solution (collectively "WebAdur Ltd Content"), excluding all Member
Information.
In addition, you agree that the WebAdur Ltd
Content and Technology available on the
WebAdur Ltd Service or any WebAdur Ltd Solution
is protected by English, Canadian, U.S.
and international copyrights, trademarks,
service marks, patents, or other proprietary
rights and laws; therefore, you are permitted
to use this WebAdur Ltd Content and Technology
only as expressly authorized by WebAdur Ltd.
You also understand and agree that the compilation,
collection, selection, arrangement, assembly,
and coordination of all WebAdur Ltd Content
available on the WebAdur Ltd Service or
WebAdur Ltd Solution is the exclusive property
of WebAdur Ltd and its licensors and protected
by U.S. and international copyright laws.
You agree that, except as expressly authorized
by WebAdur Ltd, all the WebAdur Ltd Content
and Technology available on the WebAdur Ltd
Service or WebAdur Ltd Solution may be used
by you only for your internal business and
data-gathering purposes. You may not make,
use, sell, copy, reproduce, distribute,
transmit, or create derivative works from
this WebAdur Ltd Content or Technology without
expressly being authorized to do so by WebAdur Ltd.
12. Trademarks
WebAdur Ltd (TM), what the web can be (TM),
WebAdur Ltd solutions (TM) and other pending
and/or registered trademarks and service
marks, and other graphics, logos, and service
names used by WebAdur Ltd on the WebAdur Ltd
Service or WebAdur Ltd Solutions to identify
the products or services of WebAdur Ltd
(collectively the "WebAdur Ltd Trademarks")
are the trademarks of WebAdur Ltd. You agree
not to use the WebAdur Ltd Trademarks in
connection with your products or services
or any third-party products or services
or in any manner that disparages or discredits
WebAdur Ltd. All other brands and names
(including third-party product names) used
on the WebAdur Ltd Service are the property
of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER
CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS
UNDER YOUR CONTROL. REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
YOU AGREE THAT IN NO EVENT WILL WebAdur Ltd,
OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY
OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE WebAdur Ltd SERVICE, TECHNOLOGY,
OR CONTENT AVAILABLE ON THE WebAdur Ltd
SERVICE ("WebAdur Ltd AFFILIATES"),
BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
(I) FOR ANY DECISION MADE OR ACTION OR NONACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE WebAdur Ltd SERVICE
(II) FOR LOSS OR INACCURACY OF DATA OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES,
OR TECHNOLOGY
(III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES AND
LOSS OF PROFITS, EVEN IF WebAdur Ltd HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
(b) THE AGGREGATE LIABILITY OF WebAdur Ltd
AND THE WebAdur Ltd AFFILIATES ARISING FROM
OR RELATING TO THIS AGREEMENT (REGARDLESS
OF THE FORM OF ACTION OR CLAIM) IS LIMITED
TO ANY AMOUNTS YOU HAVE PAID TO WebAdur Ltd
DURING THE TERM OF THIS AGREEMENT FOR ANY
WebAdur Ltd SERVICE, WebAdur Ltd SOLUTION,
OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN
THOSE JURISDICTIONS OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS WebAdur Ltd OR ANY WebAdur Ltd AFFILIATE LIABLE FOR ANY DAMAGES
ARISING FROM YOUR FAILURE TO PERFORM YOUR
RESPONSIBILITIES IN CONNECTION WITH THIS
AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND
WebAdur Ltd'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY
YOU IRRESPECTIVE OF THE CAUSE OF ACTION
UNDERLYING YOUR CLAIM, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT (EVEN IF IN
THE NATURE OF A BREACH OF CONDITION OR A
FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH),
OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
STRICT LIABILITY, FRAUD, MISREPRESENTATION,
AND/OR OTHERWISE.
14. Warranties/Disclaimers
Once you publish your site, you can expect
99 percent availability in any calendar
month, excluding scheduled maintenance or
outages beyond our control or other third-party
service provider outages. Your published
site is available when end users are able
to download your homepage from WebAdur Ltd.
If, for some reason beyond our control,
the WebAdur Ltd service in unavailable to
you and your customers for less than 80%
of the time (calendar month), WebAdur Ltd
will provide a refund for the affected month.
You acknowledge that in no way will WebAdur Ltd be held financially responsible
for any loss of business / service as a
result of downtime of your web site or the
improper functioning of it. Please report
any technical problems to Customer Care.
Once a WebAdur Ltd refund is given (for
affected calendar month), it will be applied
to your next billing cycle. If a credit
is necessary, you will receive the appropriate
credit within 6 to 8 weeks of the end of
the month in which the Performance Guarantee
was breached. In no event will WebAdur Ltd
refund any portion of the package service
fee. Availability shall be calculated solely
by WebAdur Ltd. This Performance Guarantee
does not apply to any technology offered
to you in a "preview" or "beta"
mode.
The remedy stated above is your sole remedy
for any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED IN
ANY MEMBER SITE DO NOT REFLECT THOSE OF
WebAdur Ltd, AND WebAdur Ltd DOES NOT REVIEW,
VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR
THE CONTENT OR LEGITIMACY OF ANY MEMBER
SITES. WebAdur Ltd IS NOT RESPONSIBLE FOR
THE CONTENT OF ANY MEMBER PAGE. MEMBERS
ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED
IN THEIR OWN MEMBER SITE. MEMBERS MAY BE
HELD LEGALLY LIABLE FOR THE CONTENTS OF
THEIR MEMBER SITE AND MAY BE HELD LEGALLY
ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES,
FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR
MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK,
PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT
THE EXPRESS PERMISSION OF THE AUTHOR OR
OWNER.
(b) WebAdur Ltd IS NOT RESPONSIBLE FOR THE
DELIVERY OR QUALITY OF ANY GOODS OR SERVICES
SOLD OR ADVERTISED THROUGH THE WebAdur Ltd
NETWORK OR THROUGH ANY WebAdur Ltd AFFILIATE
PROGRAM OR THROUGH THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL WebAdur Ltd SERVICE,
CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION
WITH THE WebAdur Ltd SERVICE ARE PROVIDED
"AS IS" WITHOUT WARRANTIES OF
ANY KIND. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER WebAdur Ltd NOR
WebAdur Ltd'S LICENSORS MAKE ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND WITH RESPECT
TO THE WebAdur Ltd SERVICE, CONTENT, TECHNOLOGY,
OR PRODUCTS THAT WebAdur Ltd OR ITS LICENSORS
OR ANY OTHER THIRD PARTY PROVIDES, AND WebAdur Ltd AND ITS LICENSORS EXPRESSLY DISCLAIM
ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
WITH RESPECT TO THE SAME. WITHOUT LIMITING
THE FOREGOING, NO WARRANTY IS GIVEN THAT
THE WebAdur Ltd SERVICE OR TECHNOLOGY IS
ERROR-FREE. WebAdur Ltd AND ITS LICENSORS
DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER
WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S)
OR PRODUCT(S).
(d) WebAdur Ltd DOES NOT GUARANTEE THAT
ITS SECURITY PROCEDURES WILL PREVENT THE
LOSS OF, ALTERATION OF, OR IMPROPER ACCESS
TO YOUR INFORMATION. WebAdur Ltd AND ITS
LICENSORS ARE NOT RESPONSIBLE FOR INVALID
DESTINATIONS AND TRANSMISSION ERRORS IN,
CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION
CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL
EXCHANGE CARRIERS', OR OTHER PROVIDERS'
FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING
ON THE WebAdur Ltd SERVICE MAY INCLUDE TECHNICAL
INACCURACIES, TYPOGRAPHICAL ERRORS, AND
OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY
ASSUME ALL RISK FOR SUCH USE OF THE WebAdur Ltd SERVICE, WebAdur Ltd SOLUTION, OR
TECHNOLOGY.
(f) WebAdur Ltd MAY PROVIDE LINKS TO OTHER
WEB SITES OR RESOURCES. YOU ACKNOWLEDGE
AND AGREE THAT WebAdur Ltd IS NOT RESPONSIBLE
FOR THE AVAILABILITY OF SUCH EXTERNAL SITES
OR RESOURCES, AND DOES NOT ENDORSE AND IS
NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS
ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
YOU ALSO AGREE THAT WebAdur Ltd SHALL NOT
BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED
TO BE CAUSED BY OR IN CONNECTION WITH USE
OF OR RELIANCE ON ANY SUCH CONTENT, GOODS,
OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY
SITES.
(g) WebAdur Ltd makes no warranty, pledge
or guarantee as to the effect of Search
Engine Marketing or Positioning on your
business results.
15. Miscellaneous
(a) This Agreement shall be governed by
and construed in accordance with English
law and you agree to submit to the exclusive
jurisdiction of the English courts. If local
laws prohibit your participation in any
part of the WebAdur Ltd Service, or use
of them, then you are responsible for complying
with such laws and the terms of this Agreement.
(b) Any and all disputes between you and
WebAdur Ltd will be settled by arbitration
in London, and you agree that all negotiations,
discussions, and settlements shall be subject
to obligations of confidentiality and shall
not be disclosed to any third party.
(c) If any provision(s) of this Agreement
is held to be contrary to law, then such
provision(s) shall be construed, as nearly
as possible, to reflect the intentions of
the parties with the other provisions remaining
in full force and effect.
(d) All notices to you shall be in writing
and shall be made either via email or conventional
mail, or by posting such notices on the
WebAdur Ltd Service. WebAdur Ltd may broadcast
notices or messages through the WebAdur Ltd
Service to inform you of changes to this
Agreement, the WebAdur Ltd Service, or other
matters of importance; such broadcasts shall
constitute notice to you. All notices to
WebAdur Ltd from you must be made in writing
via our Customer Care form.
(e) WebAdur Ltd's failure to exercise or
enforce any right or provision of this Agreement
shall not constitute a waiver of such right
or provision unless acknowledged and agreed
to by WebAdur Ltd in writing.
(f) Except in the event that you purchase
any WebAdur Ltd Solution, this Agreement
comprises the entire agreement between you
and WebAdur Ltd and supersedes all prior
agreements between the parties regarding
the subject matter contained herein. Should
you choose to purchase any WebAdur Ltd Solution,
you will be bound by all terms and conditions
relating to the provision of such WebAdur Ltd
Solution.
(g) Your membership in the WebAdur Ltd Service
and any of your rights hereunder may not
be assigned or transferred to any third
party. WebAdur Ltd reserves the right to
assign this agreement to any third party
that acquires all or substantially all of
its relevant business or assets.
(h) The section titles in this Agreement
are solely used for the convenience of the
parties and have no legal or contractual
significance.
(i) You represent and warrant that you are
over the age of 18 years, have read this
Agreement, and agree to be bound by its
terms and conditions.
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