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TERMS AND CONDITIONS OF USE
IMPORTANT: Please read the following, and the Privacy
Statement before accessing and using this Site.
Thank you for visiting www.Dwg1.com. We hope that you will find
this website ("Site") helpful and informative.
The following are the terms and conditions ("Terms")
that apply to and govern your use of this Site. These Terms also
incorporate our Privacy Statement. If you do not agree with any
terms or conditions herein, or have any questions, before proceeding
contact us directly at webmaster@aztecwebdesign.com, and we will
be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE,
YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
Exclusive Terms.
Please note that these Terms exclusively govern your access and
use of this Site and do not alter or affect the terms and conditions
of any other agreement that you may have or enter into with any
Dwg & Associates entity for any given product or service. The latter
agreement will continue to govern that specific legal relationship
with Dwg & Associates. However, some pages on this Site or areas of this
Site with restricted access ("Secured Sites", including
project extranets or sites engaged in e-commerce) may require the
application of additional or special terms and conditions (for example,
licensing restrictions to download software) which may be accessed
through a separate link on the home page of that Site.
Changes to Site.
In order to improve our service to you, we reserve the right to
make changes in the access, operation, and content of this Site
at any time without notice. We also reserve the right to make changes
in the Terms and the Privacy Statement, so please check before each
use for changes.
Secured Sites:
Access to some areas on this Site is restricted to users ("Authorized
User(s)") who have completed a registration process and who
have then been granted authorization for access through issuance
of a unique user ID and password ("Secured Site(s)").
No other persons other than Authorized Users may access these Secured
Sites. Registrations, passwords, and user ID numbers are non-transferable.
Due to technical uncertainties in internet transmissions, Dwg &
Associates cannot be responsible for authenticating the identity
of any person accessing a Secured Site with a verified user ID and
password. As an Authorized User, you are solely responsible and
liable to maintain the security and confidentiality of your password
and user ID, and accordingly, you are liable for all resulting access,
use and activities on these Secured Sites under this ID and password,
including any use by others "borrowing" the user ID and
password, or any fraudulent, erroneous, or unauthorized third party
use. Should you become aware that your name, identity, account,
system, electronic signature, registration, user ID, password, or
other protected data or your idenity is being used or attempted
to be used on a Secured Site or otherwise by an unauthorized third
party, or in the event of any other possible error, misuse or fraud,
it is your responsibility to inform us immediately upon discovery
so we may take appropriate action. We reserve the right to terminate
any Authorized User's access to and use of a Secured Site at any
time, and without notice, including but not limited to any possible
or alleged misuse, abuse, violation of law, fraud, or misconduct
by any person accessing or using the Secured Site under a user ID
and password.
Copyright Notice.
You acknowledge that, unless otherwise specifically designated,
Dwg & Associates is the sole owner of all intellectual property
rights to this Site and its contents, including but not limited
to copyright protection for all content, including the design, layout,
graphics, photos, format, and other visual elements of the Site.
All ownership rights pertaining to the information and material
contained on this Site, including but not limited to the Dwg &
Associates name, logos, trademark, graphics, photos, images, and
content, are owned or have been duly licensed by Dwg & Associates,
WITH ALL RIGHTS RESERVED. The Site pages and content may be electronically
copied or printed in hard copy for internal informational, personal
or non-commercial use only, provided that no modifications are made,
it is not published in any media, and on each page of ever internal
copy, Dwg & Associates is acknowledged as the source with a
copyright symbol. You are not granted any license to use the content.
Any use other than that set forth above, including the non-internal
reproduction, modification, copying, display or use of any copyright-protected
Dwg & Associates or other logo, graphic, photo or image, without
the prior written permission of Dwg & Associates, is strictly
prohibited and will be enforced to the full extent of the law. Except
for data and information submitted pursuant to an existing agreement
with Dwg & Associates, any ideas, material, or content submitted
by any user on or through this Site (including by e-mail) is, to
the extent you own the intellectual property rights, the sole property
of Dwg & Associates, and Dwg & Associates has no obligation
of confidentiality nor are we responsible for any claims of infringement
or misappropriation that may result from any submission. Personal
information submitted will be treated in accordance with our Privacy
Statement. Dwg & Associates makes no guarantee, representation
or warranty that the content of this Site or its use will not infringe
upon the intellectual property right of any person, nor that the
use, transfer, reproduction, distribution, transmission, or storage
of any Site content outside the United States is in compliance with
the laws of any other governmental authority or jurisdiction which
may be applicable.
No Warranties Provided.
The information on this Site is provided for general information
purposes only. While Dwg & Associates strives to provide timely,
accurate and complete information, you may discover some inadvertent
typographical, technical, factual, or other errors or omissions
in the information provided. Please bring them to our attention
at webmaster@aztecwebdesign. Since such mistakes may occur, Dwg
& Associates MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY,
SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION,
OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING
THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION
AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS,
AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED)
ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Conduct.
For the convenience of our users, some areas on this Site may allow
for interactive communication, some of which may be conducted in
"real time". You agree not to post any content which is
or may be, in whole or in part: false, unlawful, criminal, fraudulent,
misleading, infringing, libelous, slanderous, defamatory, profane,
racist, sexist, threatening, inflammatory, obscene, invasive of
personal or privacy rights, advertising, promoting or soliciting
for commercial purposes, containing any known viruses or bugs, or
which is otherwise harmful, offensive, inappropriate, or unprofessional.
Dwg & Associates has no obligation to monitor, screen, filter
or edit any information, communication, or content that is directly
posted by or shared by users on the Site, however we may at our
discretion from time to time monitor use of the Site, and we reserve
the right to delete or edit any objectionable content posted or
submitted by authorized users, terminate the user's access to the
Site, deny future access, or take any other action we deem appropriate
under the circumstances. Please report any such violations to us
at webmaster@aztecwebdesign.com. Dwg & Associates will handle
any personally identifiable data or information posted by you in
accordance with our Privacy Statement, however, any third party
liability or usage which may arise from your posting will be solely
at your own risk. Information obtained through monitoring our Site
may also be used for duly authorized law enforcement investigations.
We also reserve the right to identify and investigate inquiries
to the extent required to comply with applicable laws and regulations,
including but not limited to U.S. export control laws and executive
orders. Dwg & Associates will have no liability for any content
posted by users on any Site (including Secured Sites).
Compliance with all Laws.
This Site is operated from servers located in Houston, Texas.
You agree that your use of this Site will be in compliance with
all relevant and applicable laws and regulations, which shall include
but not be limited to U.S. export control laws and executive orders.
The information provided on and through this Site or any Secured
Site may be deemed in some cases to be controlled technology and
subject to the export control restrictions of the United States.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS
AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL
ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE
DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site
may not be accessed or used by any national of certain countries
or groups against which the United States has instituted sanctions
(including Iran, Libya, Iraq, Cuba, the Sudan, and members of some
Angolan and Serbian groups), Specially Designated Nationals, and
other proscribed persons who are listed on the Denied Parties list.
Due to technical uncertainties preventing verification of the identity
and ultimate point of access by any person attempting to access
or use the Site, including any Secured Site, your access of the
Site, including the presentment of any authorized user ID and password,
constitutes your express representation that (1) the person attempting
access thereunder is not a national of any such sanctioned country
or group or a Specially Designated National, and (2) is not included
on such Denied Parties list, and (3) that, if an Authorized User,
you have not disclosed or provided such password and user ID to
any such person for use under your registration. Users shall be
fully liable and subject to prosecution to the full extent of the
law for any violations of this paragraph, and SUCH USER HEREBY AGREES
TO DEFEND, INDEMNIFY AND HOLD Dwg & Associates HARMLESS FROM
AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Site Security.
So that this Site remains to the extent possible open and available
to all users, we have mechanisms in place to identify unauthorized
attempts to gain access to Secured Sites, upload or change information
or any image, inject any harmful elements, or otherwise cause damage.
Regardless, even though we strive to keep these mechanisms up to
date, due to the technical uncertainties, we are unable to make
any representation or warranty that the content, information, or
links in this Site are secure and free of data-processing errors,
technical glitches, operational problems, interruptions, errors,
bugs, worms, viruses, unauthorized third party access, or any other
harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY
AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized
attempts to upload, insert, or change any information or image on
this Site or cause harm are strictly prohibited and may be punishable
to the full extent of the law, including the Computer Fraud and
Abuse Act and the National Information Infrastructure Protection
Act.
Outside Links.
For your information or convenience, this Site may contain direct
links or hyperlinks to websites that are maintained by third parties.
When clicking on such a link, you are leaving our Site. Therefore,
Dwg & Associates has no control over, does not endorse, and
is not liable for, the quality, operation, reliability, compliance
with laws, ethics, business practices, nor content of such third
party websites, or for any product or service advertised or provided
therein. Any transactions with such third parties, including provision
of your personal information, are strictly at your own risk. We
expressly disclaim all liability arising from your access of and
for the content contained within or through any such third party
website.
Access Outside United States.
If you are accessing this Site from outside the United States,
you are doing so at your own risk, and you remain fully responsible
and liable for familiarity and compliance with these Terms as well
as with the laws, regulations, directives, codes, and rules of the
United States, including its export compliance laws and regulations,
as well those of the jurisdiction from which you are accessing the
Site, and any other applicable jurisdiction which may be involved
in the access, transmission, routing, receipt, disclosure, storage
or use of information on this Site, or any commercial transactions
conducted on or through this Site.
Privacy.
The use of your personal information given to us during your visit
to our Site is governed by the Dwg & Associates Privacy Statement,
which is posted on this Site and incorporated into these Terms.
You agree that any personal information you choose to provide to
us will be accurate and truthful to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION.
YOU AGREE THAT Dwg & Associates AND ITS AFFILIATES AND DIVISIONS,
CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS,
INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES
(INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL
OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR
AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Dwg & Associates AND
ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS,
AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS,
VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES,
LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN
BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY
REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU
FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT
EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN
WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND
UNENFORCEABLE.
Applicable Law and Dispute Resolution.
You agree that these Terms will be interpreted under the laws of
the State of Colorado, regardless of any conflicts of laws rules,
and regardless of the laws of any other jurisdiction which may be
asserted. Any dispute or claim which you may have ("Claim")
arising from your access or use of the Site shall be first submitted
in writing to Dwg & Associates within one month (30 days) from
the occurrence of the event upon which such Claim is alleged to
be based, or such Claim shall be deemed waived. Any Claim which
has been properly submitted to Dwg & Associates which has not
been resolved within a reasonable period time not to exceed six
(6) months may be submitted to binding arbitration as an exclusive
alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING
ANY LITIGATION IN ANY JURISDICTION AGAINST Dwg & Associates
BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any
arbitration will be administered by the American Arbitration Association
in Houston, Texas, in accordance with its applicable commercial
rules and procedures. Any arbitral award will specifically exclude
any special, indirect, incidental, exemplary, punitive, or consequential
damages.
Thank you for visiting www.dwg1.com. If you have any questions,
comments, or suggestions concerning this Site, we would like to
hear from you. Please contact webmaster@aztecwebdesign.com.
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