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Online Policies Terms & Conditions General Terms & Conditions 1. By visiting or using this Web site in any way, or linking to this Web site, you are entering into an agreement with KReed Design Services, Inc. to be bound by the then-current version of these Terms and Conditions and other policies. You are also bound by all other applicable laws. This is the entire agreement between you and KReed Designs relating to this Web site. KReed Designs has the right to revise these Terms and Conditions at any time. 2. ALL CONTENT OF THIS WEB SITE, INCLUDING ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KREED DESIGNS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH KREED DESIGNS WISHES THE CONTENT OF THIS WEB SITE TO BE ACCURATE, COMPLETE, AND CURRENT, KREED DESIGNS DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. 3. UNDER NO CIRCUMSTANCES WILL KREED DESIGNS BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEB SITE, OR WEBSITE KREED CREATES, OR ANY OTHER WEB SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH WEB SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF KREED DESIGNS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. 4. KReed Designs controls and operates this Web site from the State of Texas and makes no representation or warranty that the content of this Web site is appropriate, lawful, or available for use in other geographic locations. If you use this Web site from other locations, you are responsible for compliance with all applicable local laws. 5. In the event that KReed Design Services, Inc. receives a check that is returned for any reason such as insufficient funds, KReed Design Services, Inc. will charge $50 per check and may charge any additional fees to cover charges deemed necessary by our Bank as a direct result of the returned check. If for example, a customer's returned check causes KReed Design Services, Inc. to bounce any checks; the Licensee will be responsible for any resulting bank service fees. Deliquent accounts and late payments for any reason will accrue late fees which are based 2.5-10% per 15-30 days - late fees will only be based on the original amount due. 6. Links to other Web sites or Internet locations from this Web site have been provided for your convenience only. KReed Designs does not endorse, sponsor, or approve any of the content of such Web sites or locations. KReed Designs does not always have full control over any of the Web sites or other Internet locations that you may access through this Web site, and is not responsible for the content or accuracy of the content of any such Web sites or locations. If you access any other Web site or Internet locations through this Web site, you do so at your own risk. 7. KReed Designs owns or has the right to use all of the data, information, text, images, sounds, icons, and other content contained on this Web site (including software and transmissions to this Web site), and the copyrights and other intellectual property rights therein, unless otherwise noted. You may review, download, and/or print one copy of the content of this Web site, but you may not make more than one copy of such content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the content of this Web site on your own or any other Web site, or make any other use of it. Such copying, modification, distribution or transmission, display, or use would breach this agreement and infringe KReed Design’s copyrights, copyrights licensed to KReed Designs, and/or other intellectual property rights owned by or licensed to KReed Designs. If you download software from this Web site, KReed Designs owns such copy and you are licensed to use it for its intended purpose but may not sell copies of it, modify it, display it, redistribute or transmit it, or use it in any other way. If you download and/or print any content of this Web site, you agree to maintain any and all copyright notices and other notices or statements of proprietary rights appearing on such content. KReed Designs has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other Web site that you access from this Web site. 8. The following are trademarks or service marks of KReed Designs: KReed.com © (year) KReed Design Services, Inc. KReed Designs © (year) KReed Design Services, Inc. Band Bam™ & Bizz Bam™ Any trademark or service marks which appear on this Web site do so by permission of their owners. You may not use any trademarks or service marks in any way, for example, you may not use any such marks as links to this Web site from other Web sites, or as machine-readable search terms ("meta tags"). 9. KReed Designs reserves the right to change or discontinue at any time, without notice, any materials, equipment, specifications, models, products, or services described on this Web site, or the availability thereof. Products, methods, and processes described on this Web site may be covered by U.S. or foreign patents and/or other intellectual property rights. 10. Software made available on this Web site may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, North Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software made available on this Web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 11. If you transmit any information of any kind (including software) to this Web site, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that KReed Designs may copy, distribute, modify, display, disclose, obtain intellectual property protection in its own name for, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made there from, without restriction, in any way it chooses anywhere in the world, free of charge to KReed Designs and without acknowledgment of authorship or source. KReed Designs shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold KReed Designs harmless with respect to any such compensation, claims, or damages, including attorneys’ fees. 12. KReed Designs may review transmissions to this Web site from time to-time, but is under no obligation to do so. KReed Designs disclaims all responsibility for the content of such transmissions and all liability arising from such content. You may not transmit any inflammatory, libelous, defamatory, obscene, unlawful, threatening, or otherwise objectionable information to this Web site. KReed Designs may remove any transmissions to this Web site at any time. KReed Designs shall not be liable for any compensation, claims, or damages resulting from any transmissions to this Web site and you agree to defend and hold KReed Designs harmless with respect to any such compensation, claims, or damages, including attorneys’ fees. 13. Your obligations under these Terms and Conditions shall continue for as long as you access this website or use this Web site or use or maintain any of the content (including software) of this Web site or copies thereof. Your obligation shall continue so long as you continue to use any design and/or programming elements created by KReed Design Services, Inc. You may terminate your obligations at any time by discontinuing your use of this Web site and all work created by KReed and by destroying all content obtained from KReed, and all copies thereof. 14. These Terms and Conditions shall be governed by the laws of Texas and applicable federal laws, without giving effect to conflicts of laws principles. If any portion of these Terms and Conditions is unlawful, invalid, or unenforceable, then such portion of these Terms and Conditions shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms and Conditions. DISPUTES: All claims or disputes of whatever kind or nature arising out of this agreement will be decided in accordance with the commercial arbitration rules of the American Arbitration Society. Location of the arbitration will be based in Texas. The prevailing party will be entitled to recover reasonable attorney’s fees and costs associated with the dispute. |
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