- No person is authorized to use, copy or distribute any portion the Website including related graphics.
User Conduct & Participation
The Site and its contents, including but not limited to articles, newsletters, forums, blogs, comments, promotional language, graphical images, interactive applications, and the user interface (the “Content”) are the property and copyrighted material of Melissa Witzel Designs, its licensors, vendors and partners. “Content” also includes any material from the Site that Melissa Witzel Designs delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, quote or sell any content except as expressly permitted by copyright law, The Digital Millennium Copyright Act or as expressly permitted in this Site Agreement. Any Content you add to the Site becomes property of Melissa Witzel Designs to use without limitation, or any payment required to you, acknowledgment or consent from you, for any purpose whatsoever. a reserves the right to edit, remove or alter any Content You add to the site as it deems necessary and without your consent.
Purchase Of Services
By using the Site you acknowledge and agree that Melissa Witzel Designs and its Partners shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Services ordered or received through this Site or through links on this Site or from any action or inaction of any Partner.
You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither Melissa Witzel Designs nor any Partner can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you may call Melissa Witzel Designs to place your order by telephone. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Melissa Witzel Designs nor any Partner will have any liability if the applicable encryption technology fails to protect your information.
No Representations or Warranties; Limitations on Liability
The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Melissa Witzel Designs MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEBSITE.
This site may automatically produce search results or contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). Melissa Witzel Designs is not responsible for the availability of, or the content located on or through, any External Site. Melissa Witzel Designs does not endorse the content (or software) of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Melissa Witzel Designs for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. In addition, should you link to any third party site you will be bound by the terms and conditions that apply on that site.
Governing Law, Arbitration
This Site Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of North Carolina. If there is a dispute between you and Melissa Witzel Designs, either of us may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
Melissa Witzel Designs reserves the right to change this Site Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.
Melissa Witzel Designs reserves the right to modify or improve the Site at any time at its sole discretion without notice to users. Melissa Witzel Designs may deny access to the Site to anyone at any time.
This Site Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by Melissa Witzel Designs, its licensors, vendors or partners in specific areas of the Site. However, in the event of a conflict between such terms and this Site Agreement, the terms of this Site Agreement shall prevail.
Melissa Witzel Designs, at its option, may communicate with You regarding the Melissa Witzel Designs service by mail, by telephone or by electronic communications. Melissa Witzel Designs may communicate with You electronically by means of electronic mail to the email address You provide when You sign-up for the Melissa Witzel Designs service and/or postings to the www.mwdesignsonline.com website. Melissa Witzel Designs may communicate electronically to You the following types of communications: Notices or disclosures regarding the Melissa Witzel Designs service, payment and billing authorizations, and other matters relating to your use of the Melissa Witzel Designs service.
You may contact Melissa Witzel Designs via the Website contact function to request another electronic copy of an electronic communication without a fee. You may request a paper copy of the terms of the payment authorization, and Melissa Witzel Designs may charge you a fee to provide such paper copy. You may update your contact information when logged-in to your Site profile, and opt-out via links within email communications to withdraw your consent to receive marketing-oriented electronic communications. Melissa Witzel Designs reserves the right to terminate your use of the Service if You decline or withdraw your consent to receive electronic communications from Melissa Witzel Designs.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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