Webyonder and Leigh Ellis, (hereinafter known as “Webyonder”). has created this “Terms and Conditions” governing your access to and use of the Webyonder Web Site and Membership Services (as each are defined below) provided by Webyonder. Please read this page carefully. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Webyonder Web Site or Services. These Terms and Conditions are effective as of August 22, 2018. Webyonder Web Site is defined as any and all websites operated by Webyonder, including but not limited to webyonder.com and shall be hereinafter collectively referred to as the “Sites.” Client Services shall be defined as any services provided for by Webyonder to Users and may be referred to as the “Services.” You and User shall mean any individual or entity that uses the Sites and/or engages in the Services.
2. PERMITTED USES AND REGULATIONS
2.1 PERMITTED USES
The Sites are intended for individuals and businesses seeking value and consulting services. You may use the Sites only for lawful purposes within the stated context of Webyonder’s intended and acceptable use of the Sites in its sole discretion.
You represent, warrant and agree that you (a) are at least 18 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
3. WEBYONDER INTELLECTUAL PROPERTY RIGHTS
The Sites, their content and any and all materials and all right, title and interest in and to the Sites are the sole property of Webyonder or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Webyonder reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the content or any materials, or use them in any other way for public or commercial purpose. The use of the content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Webyonder logo and certain other names or logos are service marks or trademarks of Webyonder, and all related product and service names, design marks and slogans are the service marks or trademarks of Webyonder. Any code that Webyonder creates to generate or display the content or the pages making up the Sites is also protected by Webyonder’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Webyonder materials on any authorized copy you make of the content or Webyonder materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4. DISCLAIMERS AND LIMITATIONS ON WEBYONDER’S LIABILITY
4.1 ALLOCATION OF RESPONSIBILITY
Webyonder assumes no responsibility for applications, documents and/or materials posted by Users and no responsibility for the activities, omissions or other conduct of Users. If notified by a User of an application, document and/or material which allegedly does not conform to these Terms and Conditions, Webyonder may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such application, document and/or material. Webyonder has no liability or responsibility to Users for performance or nonperformance of such activities. Webyonder may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
4.2 NO ENDORSEMENTS BY WEBYONDER
Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
4.3 WARRANTY DISCLAIMERS
4.3.1 THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS
Without any warranties of any kind, express or implied. Webyonder, to the fullest extent permitted by law, disclaims all warranties, including, but not limited to, the warranties of merchantability, title, non-infringement of third parties’ rights, and fitness for particular purpose. Webyonder makes no warranties about the accuracy, reliability, completeness, or timeliness of the Sites.
4.3.2 WITHOUT LIMITATION ON THE FOREGOING
Webyonder does not warrant that the Sites will operate error-free or that the Sites and their servers are free of computer viruses or other harmful mechanisms. If your use of the Sites results directly or indirectly in the need for servicing or replacing equipment or data, Webyonder is not responsible for those costs.
4.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF
You assume all responsibility and risk for your use of the Sites, the internet generally, and the applications, documents and materials you post or access and for your conduct on and off the Sites.
In no event shall Webyonder (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, or agents), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost employment opportunity, or business interruption) resulting from or arising under or in connection with services or the use or access to, or the inability to use or access, the Sites and/or any application, document or material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Webyonder is advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then Webyonder’s maximum liability to you for any non-direct type of damages shall be limited to U.S. $350.00 in the aggregate.
In no event shall Webyonder (or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, or agents), be liable for any direct damages in excess in the aggregate of U.S. $350.00 or the amounts actually paid by you to Webyonder if greater than U.S. $350.00).
Due to the nature of this agreement, in addition to money damages, you agree that Webyonder will be entitled to equitable relief upon a breach of this agreement by you.
4.5 CALIFORNIA RESIDENTS
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
5. BINDING AGREEMENT
These Terms and Conditions (as they may be amended from time to time by Webyonder) form a binding agreement (the “Agreement”) between you and Webyonder. Your access to or use of the Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
6. AMENDMENTS TO THIS AGREEMENT AND CHANGES TO SITES
Webyonder may revise these Terms and Conditions at any time by updating this page. Changes will be binding to you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Webyonder unless Webyonder agrees to them in a signed writing specifically including those new or different terms. Webyonder may change the Sites at any time.
You agree to defend, indemnify, and hold harmless Webyonder (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any application, document and/or material posted by you, your use of the Services or your breach of this Agreement. Webyonder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
8. COSTS OF ENFORCEMENT
In the event of any legal action arising hereunder or between Webyonder and a User, and Webyonder is the prevailing party, the User shall be responsible for reimbursing Webyonder all of its reasonable costs and expenses (including but not limited to attorneys’ fees) relating to the legal action.
When you register on any of the Webyonder Sites or in connection with the Services, you may be asked to create an account and provide Webyonder with certain information, including but not limited to, a valid email address and contact information (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
This Agreement is governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the State of Texas. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Webyonder in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement constitutes the entire agreement between you and Webyonder.