Terms & Conditions

THIS IS AN IMPORTANT DOCUMENT AND AGREEMENT. YOU SHOULD READ EVERYTHING AS WHAT IS IN THE MIDDLE AND END IS NOT LESS IMPORTANT THAT WHAT IS IN THE BEGINNING. BY ACCESSING AND USING WEBSITEWERX.COM OR OUR PRODUCTS OR SERVICES YOU ARE SUBJECT TO THIS AGREEMENT AND LICENSE.

Introduction

You may be referred to as Licensee.  The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

We may be referred to as Licensor. The terms ‘WebSite Werx’, ‘WebSiteWerx’, ‘WebSiteWerx.com’, ‘Us,’ ‘We,’ or ‘Licensor’ includes WebSiteWerx.com and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.  This website is owned by Auxier Enterprises, Inc.

You must be at least 18 years old to access this website or to purchase products or services from us.

We do not direct this website to minors, nor do we knowingly collect any personal information from children under the age of thirteen.

Disclaimers

ALL CONTENT IS PROVIDED “AS IS” AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.

Any earnings, revenue, or income statements are strictly estimates.  There is no guarantee that you will make these levels for yourself.

As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person’s results will vary.

There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.

The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.

Prohibited Uses

You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.

You will not give others access to your username and password.

You will not violate any laws, third party rights, or this Agreement.  This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic

You will not provide false or misleading information to us.

Licensor’s Rights

You acknowledge and agree that IM Popup is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to IM Popup, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to IM Popup, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensor specifically reserves all rights not expressly granted in this License Agreement. All content, design, and programming (html, JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All rights reserved.

Payment to licensor is for the arrangement and/or research and obtaining of such materials. Copyright is claimed to all arrangements, enhancements, content, design and programming other than the text for which copyright is not claimed.

Consent to Use Information

When you communicate with us, send us information, or provide content to us or out website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.

Testimonials

We always want testimonials to advertise and promote our products and services. If you send us information about our products or services or your use of the same, you authorize us to use your name, likeness, and information you send us in advertisements or promotional materials without remuneration. Although we are not required to do so, we will often want to reciprocate in some way, so please provide a live link to your website, and personal contact information that can be included in a testimonial. This will provide you with free advertising and with a referring link that may help your search engine rankings.

No Waiver of Rights

Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Privacy Policy

We respect your interest in your privacy and as a result we have created this informational disclosure.

We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.

Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.

Information Collected by our ISP

The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on ‘server logs’ or ‘raw server logs.’ We may have access to our raw server logs and access reports prepared by our hosting provider.

Financial Information for Billing Purposes

We sell products and services. When sales are made financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and we do not receive your financial / credit card information.

In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction.  If you claim that your financial information was used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else we deem necessary to address the matter.

Use of eMail Addresses and other Contact Information

An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method.

As a customer you are agreeing to receive information about the product or service you purchased. This may include, but is not limited to, information about product or service updates, new features, or information we believe you may find interesting.

We may also send you information about other products and services our company offers.

We will not sell, provide, or transfer you email address to others.

We may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.

Identification of Purchasers

If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.

We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.

Cookies

Cookies may be used to keep track of referred affiliate commissions and to monitor access to our website.  You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.

Additionally, various third party information suppliers and other entities that provide information for this website, or for use by us, may use cookies. Examples include, but are not necessarily limited to billing providers, third party advertisers, and third party resources we promote.

Disclosure by Necessity

Private information may be disclosed if required by a court order, statute, law, or regulation.

Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.

Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our website, products or services, or anyone else.

As we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.

Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our website, products and services, you consent to any such transfer of information outside of your country.

After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.

Arbitration Agreement

You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org.

You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a ‘consumer’ and will not invoke arbitration rules applicable to consumers.

You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Colorado.

Miscellaneous

This Agreement in all respects shall be governed by and construed according to the laws of the State of Colorado, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

This Agreement is entered into in Arapahoe County, Colorado.  You consent to the exclusive jurisdiction of Colorado for any dispute arising from or related to this Agreement.

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.

Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

You agree that your continued use of our website, product or service after that date will constitute your consent and acceptance of the amendment.

Date of this Agreement: June 4th, 2009