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Disclaimer
NOTICE
Please read these terms and conditions carefully. By accessing this site and any contents thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any contents thereof.
COPYRIGHT
© Stoltz Design, Ltd. ALL RIGHTS RESERVED. Copyright in the pages and screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Stoltz Design, Ltd. unless otherwise indicated.
USE OF INFORMATION AND MATERIALS
The information and materials contained in this site and pages - and the terms, conditions, and descriptions that appear are subject to change. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final Stoltz Design, Ltd. determination and acceptance.
NO WARRANTY
The information and materials contained in this site, including text, graphics, links or other items - are provided "as is," "as available". Stoltz Design, Ltd. does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
LIMITATION OF LIABILITY
In no event will Stoltz Design,Ltd. be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Stoltz Design, Ltd., or representatives thereof, are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by Stoltz Design, Ltd.
SUBMISSIONS
All information submitted to Stoltz Design, Ltd. via this site shall be deemed and remain the property of Stoltz Design, Ltd. and Stoltz Design, Ltd. shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this site provides Stoltz Design, Ltd. through this site. Stoltz Design, Ltd. shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Stoltz Design, Ltd. entity having the direct customer relationship or as otherwise specifically agreed or required by law.
REFUND POLICY
To purchase a service through Stoltz Design, Ltd., we normally require a deposit equal to a portion of the entire cost of the service. Generally its around 25-33% of the total client price. This deposit ensures proper scheduling and resource commitment. Deposits are not refundable under any circumstance. Refunds are not available for any service or consulting fees; however, non-functioning web solutions such as completed yet inoperable websites may be subject to a refund if we are unable to repair the problem. Where a refund is issued, purchasers will have to confirm in writing that they have destroyed all source code submitted by Stoltz Design, Ltd. and have not saved the source code in any format or on any electronic or print media. Any abuse of this policy as determined at the sole discretion of Stoltz Design, Ltd. may lead to a denial of refund.
RETURN POLICY
Returns are not available for any service rendered. For example, when ordering anything Printed; you will approve the digital copy before it goes to print.
CANCELLATION POLICY
See refund policy above for details on deposit payments. Cancellation on 3, 6, and 12 monthly contracts or retainer agreements are not allowed once an agreement has been signed. We also do not offer refunds for any of our web and email hosting services unless, technical difficulties arise.
Web Site Agreement
Stoltz Design, Ltd. Web Site Agreement :: The stoltzdesign.net Web Site (the "Site") is an online information service provided by Stoltz Design, Ltd. ("stoltzdesign.net "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. stoltzdesign.net MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses, and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are stoltzdesign.net, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to stoltzdesign.net a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to stoltzdesign.net by all means and in any media now known or hereafter developed. You also grant to stoltzdesign.net the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against stoltzdesign.net for any alleged or actual infringement or misappropriation of any proprietary right in your communications to stoltzdesign.net.
Trademarks
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of stoltzdesign.net. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by stoltzdesign.net, stoltzdesign.netdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for stoltzdesign.net- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with stoltzdesign.net a. You also understand that stoltzdesign.net cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. stoltzdesign.net PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND stoltzdesign.net SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. stoltzdesign.net DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. stoltzdesign.net HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. Limitation of Liability
IN NO EVENT WILL stoltzdesign.net BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF stoltzdesign.net OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, stoltzdesign.net LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
stoltzdesign.net makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-stoltzdesign.net web site, please understand that it is independent from stoltzdesign.net, and that stoltzdesign.net has no control over the content on that web site. In addition, a link to a stoltzdesign.net web site does not mean that stoltzdesign.net endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification
You agree to indemnify, defend and hold harmless stoltzdesign.net, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4.Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of stoltzdesign.net and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between stoltzdesign.net and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. stoltzdesign.net's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. stoltzdesign.net may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
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