Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by COMO Web Designs, LLC, acceptance is expressly limited to these terms.
DESCRIPTION OF SERVICE
Our Services are not directed to persons younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
As a condition to using Services, you are required to open an account with COMO Web Designs, LLC select a password and username, and to provide registration information. All registration information provided must be accurate at all times. Failure to maintain accurate registration information constitutes a breach of the Terms, which may result in immediate termination of your COMO Web Designs account.
You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify COMO Web Designs, LLC of any security breach of your Account. COMO Web Designs, LLC shall not be responsible for any losses arising out of the unauthorized use of your Account.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the COMO Web Designs, LLC Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services and that COMO Web Designs, LLC may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing COMO Web Designs, LLC with a valid payment method for payment of all fees.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at COMO Web Designs, LLC’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
Certain services available may include materials from third parties. COMO Web Designs, LLC may provide links to third-party websites as a convenience to you. You agree that COMO Web Designs, LLC is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that COMO Web Designs, LLC is not in any way responsible for any such use by you.
COMO Web Designs, LLC highly recommends using SiteGround as the hosting service for your domain. If you purchase a SiteGround website hosting, this section applies. Your use of SiteGround services is subject to SiteGround’s Terms of Service for the services, which you’ll accept prior to using SiteGround for the first time. COMO Web Designs, LLC is enrolled in the affiliate program of SiteGround, but makes no warranties about the services provided by SiteGround, and disclaims SiteGround’s liability for any damages arising from our distribution and resale of their services. SiteGround will provide technical support for its services.
This Agreement does not transfer from COMO Web Designs, LLC to you any COMO Web Designs, LLC or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with COMO Web Designs, LLC. COMO Web Designs, LLC, the comowebdesigns.com logo, and all other trademarks, service marks, graphics and logos used in connection with comowebdesigns.com or our Services, are trademarks or registered trademarks of COMO Web Designs, LLC or COMO Web Designs’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any COMO Web Designs, LLC or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
COMO Web Designs, LLC may terminate or suspend any and all Services and/or your COMO Web Designs, LLC account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate youCOMO Web Designs, LLC account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
Our Services are provided “as is.” COMO Web Designs, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither COMO Web Designs, LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.
JURISDICTION AND APPLICABLE LAW
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Missouri, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Boone County, Missouri.
LIMITATION OF LIABILITY
In no event will COMO Web Designs, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to COMO Web Designs, LLC under this agreement during the twelve (12) month period prior to the cause of action. COMO Web Designs, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to indemnify and hold harmless COMO Web Designs, LLC, its employees, contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages upon request. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between COMO Web Designs, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of COMO Web Designs, LLC, or by the posting by COMO Web Designs, LLC of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; COMO Web Designs, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- 09/13/2017: Document Implemented