The Website provides you with access to an online collection of information and materials and certain online services (“Services”). These materials may include forms, tools and other information related to certain Company products and services (“Products and Services”). The Website is intended for use only by users who are at least 18 years of age and are not barred or restricted from using the Website under the laws of the United States or other applicable jurisdiction.
Limited License and Site Access
Company hereby grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except for your own personal use, as contemplated by certain pages or with express written consent of Company. For example, you may download documents or forms from the Website if Company expressly states that such documents or forms may be downloaded. However, you may not download or modify Company’s Marks (as defined below) except for your own personal use or if Company otherwise gives you permission to do so. This license does not include any resale or commercial use of any of the Website or it’s Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not use any meta-tags or any other “hidden text” utilizing any of Company’s name(s) or Marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by Company.
Use and Ownership of Content
The Content is protected by copyright, trademark and other intellectual property laws in the United States and internationally. The compilation (meaning the collection, arrangement and assembly) of all Content and proprietary software is also the exclusive property of Company and is protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may use the Website and the Content only for your own personal, non-commercial use, provided in each case that you must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you make of the Content. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Services or any other materials displayed on the Website will not infringe rights of third parties. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited except as specified in this section. Each Content Provider is a third-party beneficiary hereunder to the extent necessary to enforce its proprietary rights in the Content.
You may inquire about obtaining permission to use the Content by writing:
AWR Web Design, LLC
P.O. Box 564
Windsor Locks, CT 06096
Trademarks and Service Marks
The Website may contain trademarks or service marks of Company (the “Marks”). The domain name for the Website, Company’s Marks, including, without limitation, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Company. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of Company or their respective owners. In addition to complying with all applicable laws, you agree that you will not use or modify any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of Company. Furthermore, these Marks may not be used in any way, except with the express written permission of Company, in any manner likely to cause confusion, dilute the Marks, or in any manner to discredit Company.
For information obtained from the Content Providers, you are solely responsible for compliance with copyright, trademark and other proprietary rights and restrictions and are referred to publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Website, and Company reserves the right to change the access configuration of the Website at any time without prior notice.
Linking and Framing
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent. Except where prohibited herein, you may provide a link from a web site operated by you directly to the home page of the Company Website. Without Company’s express written permission, you may not (i) link to any page other than the home page (i.e. a “deep link”) of the Website, (ii) link to any part of the Website through the use of frames, inline links or any similar technology whereby the Content will be displayed without leaving the linking web site, (iii) use any Mark, logo or Content as part of a link, and/or (iv) intentionally or unintentionally create any link implying that an endorsement or affiliation with Company exists when that is not the case.
Privacy and Protection of Personal Information
Accounts, Security, Passwords
If the Website requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify AWR Web Design, LLC immediately of any unauthorized use of your account. AWR Web Design, LLC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice to AWR Web Design, LLC
Except where otherwise provided, access to and use of this Website and Services offered through this Website are currently available without charge. AWR Web Design, LLC reserves the right to charge a fee for access to or use of this Website, or any Service available on this Website at any time in the future. Your access to or use of this Website before such time does not entitle you to use of this Website without charge in the future.
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use any of the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law or regulation;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product and Service if you are not expressly authorized by such party to do so; or
(l) Harvest or otherwise collect information about others, including e-mail addresses.
Right to Monitor
No Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by third party content providers, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third parties on the Website are those of such third parties. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company. You acknowledge that any reliance on material posted by other users will be at your own risk. Statements posted on the Website by other users shall not be attributable to Company, nor shall Company have any liability or responsibility in connection with such postings.
Disclaimer of Warranties
THE USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE OR AWR WEB DESIGN, LLC INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. AWR WEB DESIGN, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWR WEB DESIGN, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AWR WEB DESIGN, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AWR WEB DESIGN, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. AWR WEB DESIGN, LLC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR AWR WEB DESIGN, LLC INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with this Website (“Software”), including podcasts, audio streaming, or video streaming, is owned or controlled by AWR Web Design, LLC and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. AWR Web Design, LLC accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
This Website may enable you to order and receive products, information and services from businesses that are not owned or operated AWR Web Design, LLC. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. AWR Web Design, LLC does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. AWR Web Design, LLC will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the AWR Web Design, LLC Internet Service.
Modification/Termination by AWR Web Design, LLC
AWR Web Design, LLC reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, including any Service, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you.
This Website may offer certain Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively “AWR Web Design, LLC Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available and can be found below.
You agree to indemnify, defend, and hold harmless AWR Web Design, LLC, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and any related Service and/or software. AWR Web Design, LLC reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with AWR Web Design, LLC in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Website by certain persons in certain countries may not be lawful, and AWR Web Design, LLC makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Website. No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Interactive Service Additional Terms
You agree that you will not:
• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Website, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Use this Service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Website or AWR Web Design, LLC’s servers, any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
• Attempt to gain unauthorized access to this Website, any related website, other accounts, computer system, or networks connected to this Website, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Website using your account. Any violation of these provisions can subject your AWR Web Design, LLC account to immediate termination and, possibly, further legal action.
AWR Web Design, LLC does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a AWR Web Design, LLC interactive website by you or other users. AWR Web Design, LLC is not obligated to and does not regularly review, monitor, delete, or edit postings. However, AWR Web Design, LLC reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. AWR Web Design, LLC is not responsible or liable for damages of any kind arising from any postings even when AWR Web Design, LLC is advised of the possibility of such damages, or from AWR Web Design, LLC’s alteration or deletion of any posting.
The information and opinions expressed in postings on this Website are not necessarily those of AWR Web Design, LLC or its content providers, advertisers, sponsors, affiliated or related entities, and AWR Web Design, LLC makes no representations or warranties regarding that information or those opinions. AWR Web Design, LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Website automatically and immediately become the property of AWR Web Design, LLC without any obligation of confidentiality. AWR Web Design, LLC shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that AWR Web Design, LLC does not retain exclusive ownership of any posting, then you hereby expressly grant to AWR Web Design, LLC a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
Unless otherwise stated, we will not review or consider any unsolicited submissions to AWR Web Design, LLC. All submissions to AWR Web Design, LLC become our property. No submission will be subject to any reimbursement or other payment by us.
You may email your requests for customer service through the contact information provided on the home page of the AWR Web Design, LLC.
European Union and Other Foreign Nations
This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. AWR Web Design, LLC makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
AWR Web Design, LLC respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Website, you are granting permission to have this material posted on this Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. AWR Web Design, LLC reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights AWR Web Design, LLC may have under law or contract.
Governing Law and Jurisdiction
This Terms and Conditions Agreement is governed by the substantive laws of the State of Connecticut, without regard to its or any other jurisdiction’s laws governing conflicts of law. You expressly agree that exclusive venue for any dispute with Company or in any way relating to your use of the Website resides in the state and federal courts located in Hartford, Connecticut. You further agree and expressly consent to the exercise of personal jurisdiction in the above-referenced courts in connection with any such dispute, including, without limitation, any claim involving Company or its officers, directors, members, managers, employees, owners, affiliates, subsidiaries, agents, telecommunication providers and content providers and all their successors and assigns.
To the maximum extent possible, each of the disclaimers and each of the provisions of this Terms and Conditions Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.
No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Company reserves the right to modify this Terms and Conditions Agreement without notice to you, and your continued use of the Website after such modifications will make such modifications binding on you.
Phone: Toll Free 24/7 Phone & Fax: 866.383.4151
AWR Web Design, LLC
P.O. Box 564
Windsor Locks, CT 06096