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Terms of Service
Terms & Conditions of Company G Web Development or Victoria and Phillip Gailinas and The Purchase of Products and Use of our Services”
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES AND SERVICES PROVIDED.
For the purposes of this document, Company G Web Development, whose website is located at www.CompanyGWD.com, shall be referred to as "this company" and its management, the owners of Company GWD, or Victoria Gailinas and Phillip Gailinas as individuals, shall be referred to as either "we" or "us". The following terms and conditions, hereby referred to as the "Terms and Conditions", govern your use of this site and the purchase of products by you through this site. By using our services, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following Terms and Conditions. These Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this site and these Terms and Conditions at any time.
Disclaimer and Limitation of Liability While we endeavor to provide the most accurate and current information available, the information on this site may be out of date or include omissions, inaccuracies or other errors. This site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this site, its operations, contents, information or materials. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that we shall not be liable for damages arising from the operation or use of our services. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this site or our services at Company GWD or Victoria and Phillip Gailinas.
Capacity to Contract You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use our services.
Typographical Errors In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card (or check cashed) has already been charged for the purchase and your order is canceled within 72 hours of purchase, we shall issue a credit to your credit card account in the amount of the charge or refund your funds via another method.
Privacy Policy We consider the privacy of our users to be paramount, and we have developed a Privacy Policy, hereby referred to as the "Privacy Policy", to protect and inform our users. Our Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.
Feedback We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this site. Please note that your feedback shall be considered non-confidential and become our property. By submitting your feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your feedback. We shall be free to use your feedback on an unrestricted basis.
Third Party Content Certain content from third party vendors may be made available as part of this site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
Order/Service Acceptance Terms of payment shall be determined at our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to Company GWD or Victoria and Phillip Gailinas. We also may require additional verification or information before accepting any order of services. In the event you, as the client/customer should wish to end services with us as individuals or as Company GWD, all outstanding balances must be paid upon the termination date and all transfers of information will be performed at that time which include but are not limited to: domain names, hosting, usernames, passwords, files and all other sensitive information pertaining to any account under our service for your benefit as the customer/client. Victoria and Phillip Gailinas (as individuals) as well as Company GWD reserve the right to withhold all information pertaining as well as access to and use of any and all websites including but not limited to the above until all balances have been paid in full.
Prices, Shipping and Handling Charges Not all prices include charges for shipping and handling. Separate charges for shipping and handling will be shown on the invoice when applicable.
Sales and Other Taxes We are not obligated to withhold sales tax. The customer is responsible for sales and all other taxes associated with the order not collected by us.
Compliance With Applicable Laws You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site and your purchase of products or services from Phillip and Victoria Gailinas or though Company GWD and its representatives. We may, at our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our files. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
Termination of Usage We may terminate or suspend your access to or use of all or part of any website, without notice, for any conduct that we believe is disruptive to any site or is in violation of any applicable law or these Terms and Conditions. In the event you, as the client/customer should wish to terminate services with us as individuals or as Company GWD, all outstanding balances must be paid upon the termination date and all transfers of information will be performed at that time which include but are not limited to: domain names, hosting, usernames, passwords, files and all other sensitive information pertaining to any account under our service for your benefit as the customer/client. Victoria and Phillip Gailinas (as individuals) as well as Company GWD reserve the right to withhold all information pertaining as well as access to and use of any and all websites including but not limited to the above until all balances have been paid in full.
Disclaimer and Limitation of Liability as to Products Sold Any product offered by us is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by us on an "AS-IS" basis without warranty by us. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED A $100.00 LIMIT.
IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Copyright and Trademark Notice All content included on this site is the property of Company GWD or its content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Company GWD or its software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of Company GWD or its content suppliers. The trademarks on this site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Applicable Law You agree that any legal action brought against Company GWD shall be governed by the laws of the State of New Hampshire, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our services shall be an appropriate federal or state court located in New Hampshire. We make no representations that the content in this site is appropriate for access outside the United States. Those who choose to access this site and employ our services from outside the United States do so on their own initiative and are responsible for compliance with local laws.
General If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these Terms and Conditions without our express written consent.
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