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TOS
1. Acceptance of terms of use and amendments
Each time you use or cause access to www.websitedesignmcallen.com, you agree to be bound by these Terms of use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on www.websitedesignmcallen.com or accessed via www.websitedesignmcallen.com, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms of use. Please read the site’s Privacy policy, which is incorporated within these Terms of use by reference.
2. The site editor’s service
Website Design McAllen offers website design, web site redesign, web page search engine optimization and internet consulting for companies and homed based businesses. www.websitedesignmcallen.com and the services provided to you on and via www.websitedesignmcallen.com are provided on an “AS IS” basis. You agree that the site editor reserves the right to modify or discontinue provision of www.websitedesignmcallen.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you, The site editor will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration obligations
In order to use www.websitedesignmcallen.com or certain parts of it, you may be required to register for a user account on www.websitedesignmcallen.com; in this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site’s Terms of use, including any amendments made by the site editor that are published herein.
4. Privacy policy
Registration data and other personally identifiable information that the site may collect is subject to the terms of the site editor’s Privacy policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the site editor of any unauthorized use of your user account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (”content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that www.websitedesignmcallen.com may expose you to content that may be objectionable or offensive. The site editor will not be responsible to you in any way for content displayed on www.websitedesignmcallen.com, nor for any error or omission.
By using www.websitedesignmcallen.com or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of www.websitedesignmcallen.com or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use www.websitedesignmcallen.com to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use www.websitedesignmcallen.com to promote or operate any service or content without the site editor’s prior written consent;
(e) you will not provide any content that may give rise to the site editor being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
7. Submission of content on www.websitedesignmcallen.com
By providing any content to www.websitedesignmcallen.com:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the site editor the license specified in this section 7;
(c) you acknowledge and agree that the site editor will have the right (but not obligation), at the site editor’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made available on or through www.websitedesignmcallen.com. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The site editor will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor and the site editor’s representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with www.websitedesignmcallen.com or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF www.websitedesignmcallen.com AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND THE SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA www.websitedesignmcallen.com MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of www.websitedesignmcallen.com, its content, and goods and services that may be provided. The use of the site editor’s rights. and property requires the site editor’s prior written consent. By making services available to you, the site editor is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of www.websitedesignmcallen.com or provided services without the site editor’s prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the site editor’s copyright agent may be contacted via:
e-mail to the webmaster
Website Design McAllen
1100 S. Jackson Rd.
Suite 3-354
McAllen, Texas 78503
(956) 622-4965
14. Applicable law
You agree that these Terms of use and any dispute arising out of your use of www.websitedesignmcallen.com or products or services provided will be governed by and construed in accordance with local laws applicable at the site editor’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on www.websitedesignmcallen.com, or by using www.websitedesignmcallen.com and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over the site editor’s domicile, and that any disputes will be heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable; (ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party’s right, and the said right will remain in full force and effect; (iii) You agree that any claim or cause in respect of www.websitedesignmcallen.com or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (iv) The site editor may assign the site editor’s rights and obligations under these Terms of use; in this event, the site editor will be relieved of any further obligation.
Thank you for visiting Website Design McAllen. This Privacy Policy sets forth the online information practices of the Website Design McAllen web site www.websitedesignmcallen.com (”WDM”), including:
* The kinds of information we collect.
* The ways in which we use the information that we collect.
* The choices you have with regard to the information we collect.
* Our pledge to have reasonable security measures in place to protect against the loss, misuse or alteration of information under our control.
INFORMATION COLLECTION AND USE
WDM collects two kinds of information from you:
personally-identifiable information that you choose to provide to us and non personally-identifiable information, such as your IP address.
The only personally-identifiable information that we collect is what you voluntarily submit to us. For example, if you e-mail questions or requests for information about WDM, we may request your name, operating system, e-mail address in order to respond to your inquiries.
WDM may collect and store the information you choose to provide us in order to send you information about WDM from time to time.
WDM may offer links to third party sites, which may offer products or services for sale. Please be aware that we are not responsible for the privacy practices of any other web sites. We encourage our users to read the privacy statements of each and every web site that they visit for more information on how your information may be collected and used.
Non Personally-Identifiable Information
IP Addresses
An IP Address is a number used by computers on a network to identify your computer so that data can be transmitted to you. We collect IP Address information in order to administer our web site and measure where our traffic is coming from.
Cookies
Cookies are pieces of data that a web site sends to a user’s computer while the user is viewing the site. Cookies identify your web browser and store information about your visits, but do not reveal any personally-identifiable information about you. We may use cookies to understand what parts of our site users are visiting the most and to help us improve our site.
If you would like to change or modify information you have previously provided us, please contact us through our contact form.
If you have any questions about this privacy policy or the practices of our web site, please contact us through our contact form.
NOTIFICATION OF CHANGES
If we decide to change our privacy policy, we will post those changes on our homepage so you will always be aware of what information we collect, how we use it, and under what circumstances we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
SECURITY
We make every effort to have reasonable security procedures in place to protect against the loss, misuse or alteration of information under our control. If you have any questions about the security of our web site or about this privacy policy, please contact us through our contact form.