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Please read this disclaimer carefully before using this or any website
designed, modified, or hosted by Web Pro Design, Inc. (Acer Design). You must agree to these
terms in order to use this or any of our sites.
By use of this web site, you agree to the following:
AGE OF USERS
If you are younger than 13 years old, you must have permission from your parent
or guardian to use this website.
DISCLAIMER OF WARRANTIES
ALL MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Web Pro Design, Inc. (Acer Design) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEB SITE WILL BE
UNINTERRUPTED OR ERROR FREE. ACER DESIGN DOES NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEB SITE IS SOLELY AT YOUR RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ACER DESIGN, ITS MEMBERS, EMPLOYEES, SUBCONTRACTORS,
SUBSIDIARIES, VOLUNTEERS, LICENSORS, AGENTS, AFFILIATED COMPANIES (INCLUDING OTHER ACER
DESIGN CLIENTS), AND THEIR EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM:
- THE USE OF, OR INABILITY TO USE, THE WEB SITE
- THE DISCLOSURE OF, OR CORRUPTION, OR ERASURE OF, DATA TRANSMITTED OR RECEIVED
OR STORED ON ANY HOST SERVER ASSOCIATED WITH THE WEB SITE, INCLUDING CREDIT CARD
OR OTHER FINANCIAL TRANSACTIONS.
- THE USE OF ANY OTHER MATERIALS OR SERVICES PROVIDED, OR PROMISED TO BE
PROVIDED.
- ANY OTHER ACTIVITIES ASSOCIATED WITH THE CREATION OR USE OF THIS WEB SITE.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACER DESIGN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING THE ABOVE, CLIENT'S EXCLUSIVE REMEDIES FOR DAMAGES, LOSSES AND
CAUSES OF ACTIONS WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE, AND
WHICH ARE DIRECTLY RELATED TO WORK PERFORMED BY ACER DESIGN, SHALL NOT EXCEED THE EXACT
DOLLAR AMOUNT OF FEES, IF ANY, PAID TO ACER DESIGN.
INDEMNIFICATION
UPON REQUEST BY ACER DESIGN, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ACER DESIGN, ITS
MEMBERS, EMPLOYEES, SUBCONTRACTORS, SUBSIDIARIES, VOLUNTEERS, LISCENSORS, AGENTS,
OR OTHER AFFILIATED COMPANIES (INCLUDING OTHER ACER DESIGN CLIENTS), AND THEIR EMPLOYEES,
CONTRACTORS, OFFICERS, AND DIRECTORS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES,
INCLUDING ATTORNEY'S FEES, THAT ARISE FROM THE CREATION OR USE OF THIS WEB SITE.
ACER DESIGN RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER
OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH
ACER DESIGN IN ASSERTING ANY AVAILABLE DEFENSES.
CHOICE OF LAW AND FORUM
This AGREEMENT shall be governed by and construed in accordance with the laws of the
state of Maryland, excluding its conflicts of law rules. You expressly agree
that the exclusive jurisdiction, for any claim or action arising out of or relating
to goods or services provided under or in relation to this AGREEMENT, shall be filed
only in the state or federal courts located in the state of Maryland, and
further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
SEVERABILITY
If any part of this AGREEMENT is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full
force and effect.
This agreement may be changed without notice. Web Pro Design, Inc. (Acer Design) reserves the right to
modify this Terms Of Service at any time in its sole and absolute discretion. The user
agrees to be bound by the current version of this document.
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