1. Agreement Between Web Site User & Web Consulting Services
The network of Web Sites (collectively, the "Web Consulting Services Web Sites") operated by Web Consulting Services or its subsidiaries ("Web Consulting Services" or "iconstructwebs"), is comprised of various Web sites and Web pages. The Web Consulting Services Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices set forth herein.
Your use of the Web Consulting Services Web Sites constitutes your agreement to all such terms, conditions, and notices.
2. Use of Site. Personal & Non-Commercial Use Limitation.
Unless otherwise specified, the Web Consulting Services Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create copied works from, transfer, or sell any information, software, products or services obtained from the Web Consulting Services Web Sites.
You may display and, subject to any stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the Sites solely for your own noncommercial use, or to place an order with Web Consulting Services or to purchase Web Consulting Services products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Web Consulting Services is prohibited.
Harassment in any manner or form on the Site or any of the Web Consulting Services Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Web Consulting Services employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
3. Copyrights & Trademarks.
The entire content (unless otherwise specified), design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Web Consulting Services. The collective work includes works that are licensed to Web Consulting Services, Copyright 2001. ALL RIGHTS RESERVED.
4. Notices & Procedures For Making Claims Of Copyright Infringement.
Notifications of claimed copyright infringement should be sent to the website's designated address. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Web Consulting Services respects the intellectual property of others, and we ask our users and visitors to do the same. Web Consulting Services will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Web Consulting Services will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Web Consulting Services the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address and all other sufficient information to permit Web Consulting Services to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Web Consulting Services
PO Box 33502
Charlotte, NC 28233
(Please include "Notice of Infringement" in the subject line.)
5. Typographical Errors.
In the event a Web Consulting Services product or service is listed at an incorrect price due to typographical error or error in pricing information, Web Consulting Services shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price 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 canceled, Web Consulting Services shall issue a credit to your credit card account in the amount of the incorrect price.
6. Term; Termination.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Web Consulting Services without notice at any time for any reason. The provisions relating to copyrights and trademarks, disclaimer, claims, limitation of liability, indemnification, applicable laws, arbitration and general, shall survive any termination.
7. User Submissions.
All information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered confidential and proprietary. Web Consulting Services will be obligated with respect to the Communications to keep this information confidential. Web Consulting Services and its designees will not copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
8. Third-Party Links.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Web Consulting Services, Web Consulting Services has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Web Consulting Services. Web Consulting Services has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and you access them at your own risk. Links do not imply that Web Consulting Services sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Web Consulting Services seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of Web Consulting Services products and/or each claim or statement comparing the effectiveness of Web Consulting Services products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
Web Consulting Services makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Web Consulting Services DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Web Consulting Services DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Web Consulting Services DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability.
IN NO EVENT SHALL Web Consulting Services BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Web Consulting Services HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Web Consulting Services, its officers, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
13. Applicable Laws.
Your use of this Site shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Web Consulting Services products) shall be in the state or federal courts located in Mecklenburg County, North Carolina. Web Consulting Services failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Web Consulting Services may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using this Site, you agree that Web Consulting Services, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the Uniform Arbitration Act set forth by the National Conference Of Commissioners On Uniform State Laws and by it approved and recommended for enactment in all the states, by one or more arbitrators appointed in accordance with the said Rules.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Web Consulting Services may revise these Terms at any time by updating this page. You should visit this page periodically to review the then current Terms because they are binding. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.