TERMS OF SERVICE
GENERAL INFORMATION.
These Rules constitutes the entire
agreement between you and us and govern your use of the Website,
superseding any prior agreements between you and us. The Rules and
the relationship between you and us shall be governed by the laws
of the State of California without regard to its conflict of law
provisions. You agree that any controversy between the parties
hereto involving any claim arising out of or relating to a breach
of these Rules shall be submitted to and be settled by final and
binding arbitration in the City and County of Los Angeles,
California, in accordance with the then current Commercial
Arbitration Rules of the American Arbitration Association (the
“AAA"). The arbitrator shall determine a prevailing party.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Website or the Rules must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
FEES.
All fees paid to us for advertising
on our network of websites are non-refundable. Fees paid to
us for banner or web site registration, creation, and population
will be refunded on a pro-rata basis where undue delay or an
inability to reconcile differences between the parties
occurs. If fees are paid and a business closes or ceases to
operate, then there shall be no refund after implementation of
services.
DISCLAIMER OF WARRANTIES.
YOU AGREE THAT USE OF THE WEBSITE
is ENTIRELY AT YOUR OWN RISK. THE WEBSITE is PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE
SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, DOGPATCH
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY
LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE WEBSITE OR THE SERVICES. Some jurisdictions do
not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to
you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL WE BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES (EVEN IF DOGPATCH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS
ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR
ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions,
some of the foregoing limitation may not apply to you.
ADVERTISING RATES.
Rates are based on each individual
website. There are different prices based on the site's popularity
as well as the type of advertisement placed, (ie textual ad vs.
banner ad). Please read through each sites' pricing and
advertising rate page.
SITE REGISTRATION, CREATION, &
POPULATION.
Rates are based on each individual
project. The amounts can vary depending on the amount of
time and creativity that is needed by our staff to complete the
project. A client that provides artwork and direction will, naturally,
pay a lower rate than one where our staff must create everything
from the ground up. Please be sure to go over your website design
with your representative to make sure that you understand the
process from start to finish.
Please feel free to contact us with
any additional questions or concerns at eWebNation@aol.com
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