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Your Industry

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Choose 3 colors you like.

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Style your brand

We created a below mentioned matrix as per your logo selection. You can further tweak as per your need.

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Extras you may want later?

Web Design?

e-Commerce?

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Write Your Content?

Manage Your Social Media?

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Email Marketing?

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The Corporate Package

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Summary

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Total :

These Terms and Conditions constitute a
legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and WebWorkDigital Inc. (“we,” “us” or
“our”), concerning your access to and use of the WebWorkDigital.com
website as well as any service we provide or access to a media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).


You agree that by accessing the Site,
you have read, understood, and agree to be bound by all of these Terms
and Conditions. If you do not agree with all of these Terms and
Conditions, then you are expressly prohibited from using our service and
you must discontinue use immediately.


Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms and
Conditions at any time and for any reason.


We will alert you about any changes by
updating the “Last updated” date of these Terms and Conditions, and you
waive any right to receive specific notice of each such change.


It is your responsibility to
periodically review these Terms and Conditions to stay informed of
updates. You will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised Terms and
Conditions by your continued use of the Site after the date such revised
Terms and Conditions are posted.


The information provided on the Site
is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country.


Accordingly, those persons who choose
to access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.


The Site is intended for users who are at least 18 years old.





Unlimited Revisions explained


  • Revisions are unlimited for 30 days after a purchase has been
    made. After 30 days, the customer will have the option to choose a
    revision as the final artwork that was created within the 30 days. If
    the customer cannot decide on a concept after 30 days, they will be required to
    purchase an unlimited upgrade to continue.
  • Our dedication is to provide the utmost satisfying and best
    services to our customers while consistently revising your expectation.
  • Clients do not have to worry about additional charges during the reevaluation as long as the concept is not altered.
  • Customers are ensured to be provided with the revised logo design/s in approximately 48 hours.
  • Completely based on the revision complexity, the reevaluation is catered. A general estimate is:
  • Website Design reevaluations take approximately 24 to 48 hours
  • Web Development reevaluation takes approximately 24 to 48 hours.


Unlimited Concepts explained


Concepts are unlimited for 30 days after a purchase has been made. After
30 days, the customer will have the option to choose a concept as the
final artwork that was created within the 30 days. If the customer
cannot decide on a concept after 30 days, they will be required to purchase an
unlimited upgrade to continue.

Logo Design Conception Time


Logo Design Conception Time refers to the time required to understand
and create an exceptionally well-featured logo design. The logo design
that is eventually presented to you will feature your presented idea and
concept during this period. The most time required from our end would
take 24-48 hours. Though each package has its own variants.

The package with four or more logo design concepts has a turnaround time
of approximately 48 hours that also once the order confirmation has
been submitted along with a brief that provides an essence to what the
customer is expecting to be represented.

Refund Policy


WebWorkDigital’s refund policy will be void if;
  • You have chosen an All in one package.
  • The primary design concept has been approved.
  • You have demanded revisions.
  • You haven’t accepted the Teamwork invitation.
  • The cancellation has been made due to reasons non-related to the company.
  • The company has not been contacted for more than 2 weeks of project.
  • Company’s policies, or policy, have been violated.
  • Other company or designer has been approached for the same project.
  • The creative brief is incomplete/ lacking in required information.
  • A complete design change has been demanded.
  • The claim has crossed the given ‘request for refund’ time span.
  • The business is closing or changing name or business.
  • The project has been archived because of incomplete order brief or upon client’s notice.
  • Reasons such as ‘change of mind’, ‘disagreement with partner’ or
    other reasons that do not pertain to the service will not be subject to
    refund under any circumstances.
  • If a client subscribes for a service bundle and happens to be
    dissatisfied with a particular service, refund will only be applicable
    on that particular service and ‘not’ the entire bundle.
  • No refund can be claimed/processed once after the final files have been delivered to you following your request.
  • Refund and revision explicitly does not apply on items offered free.
  • The client will not be entitled to any refunds after 30 days, from the date of purchase.
  • Services including but not limited to Social Media, SEO, Domain
    Registration, SSL and Web Hosting are not entitled to refund under any
    circumstances.
  • In case of websites, refunds will not be entertained once the
    client has approved the design and the website is sent for development.
  • Note: Logo Traffic. holds all rights to reject any project or
    cancel the contract whenever it deems necessary. After the refund, you
    will not have any rights to use the designs for any purpose; they will
    be the sole property of Logo Traffic. The company will be the rightful
    owner of the designs.

 

INTELLECTUAL PROPERTY RIGHTS


Unless otherwise indicated, the Site
is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and
the trademarks, service marks, and logos contained therein (the “Marks”)
are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, foreign
jurisdictions, and international conventions.


The Content and the Marks are provided
on the Site “AS IS” for your information and personal use only. Except
as expressly provided in these Terms and Conditions, no part of the Site
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.


Provided that you are eligible to use
the Site, you are granted a limited license to access and use the Site
and to download or print a copy of any portion of the Content to which
you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the
Site, the Content and the Marks.



USER REPRESENTATIONS


By using the Site, you represent and warrant that:


(1) all registration information you submit will be true, accurate, current, and complete;


(2) you have the legal capacity and you agree to comply with these Terms and Conditions;


(3) you are not under the age of 18]


(4) not a minor in the jurisdiction in which you reside;


(5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;


(6) you will not use the Site for any illegal or unauthorized purpose;


(7) your use of the Site will not violate any applicable law or regulation.


If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).



PROHIBITED ACTIVITIES


You may not access or use the Site for
any purpose other than that for which we make the Site available. The
Site may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by us.


As a user of the Site, you agree not to:



  1. systematically retrieve data or
    other content from the Site to create or compile, directly or
    indirectly, a collection, compilation, database, or directory without
    written permission from us.
  2. make any unauthorized use of the
    Site, including collecting usernames and/or email addresses of users by
    electronic or other means for the purpose of sending unsolicited email,
    or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. circumvent, disable, or otherwise
    interfere with security-related features of the Site, including features
    that prevent or restrict the use or copying of any Content or enforce
    limitations on the use of the Site and/or the Content contained therein.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and
    other users, especially in any attempt to learn sensitive account
    information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the
    system, such as using scripts to send comments or messages, or using any
    data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort
    to compete with us or otherwise use the Site and/or the Content for any
    revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to
    upload or to transmit) viruses, Trojan horses, or other material,
    including excessive use of capital letters and spamming (continuous
    posting of repetitive text), that interferes with any party’s
    uninterrupted use and enjoyment of the Site or modifies, impairs,
    disrupts, alters, or interferes with the use, features, functions,
    operation, or maintenance of the Site.
  21. upload or transmit (or attempt to
    upload or to transmit) any material that acts as a passive or active
    information collection or transmission mechanism, including without
    limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web
    bugs, cookies, or other similar devices (sometimes referred to as
    “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of
    standard search engine or Internet browser usage, use, launch, develop,
    or distribute any automated system, including without limitation, any
    spider, robot, cheat utility, scraper, or offline reader that accesses
    the Site, or using or launching any unauthorized script or other
    software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS


The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online forums,
and other functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Site, including but
not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, “Contributions”).


Contributions may be viewable by other
users of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions,
you thereby represent and warrant that:



  1. the creation, distribution,
    transmission, public display, or performance, and the accessing,
    downloading, or copying of your Contributions do not and will not
    infringe the proprietary rights, including but not limited to the
    copyright, patent, trademark, trade secret, or moral rights of any third
    party.
  2. you are the creator and owner of or
    have the necessary licenses, rights, consents, releases, and
    permissions to use and to authorize us, the Site, and other users of the
    Site to use your Contributions in any manner contemplated by the Site
    and these Terms and Conditions.
  3. you have the written consent,
    release, and/or permission of each and every identifiable individual
    person in your Contributions to use the name or likeness of each and
    every such identifiable individual person to enable inclusion and use of
    your Contributions in any manner contemplated by the Site and these
    Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not
    unsolicited or unauthorized advertising, promotional materials, pyramid
    schemes, chain letters, spam, mass mailings, or other forms of
    solicitation.
  6. your Contributions are not obscene,
    lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
    otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate
    the violent overthrow of any government or incite, encourage, or
    threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain
    any material that solicits personal information from anyone under the
    age of 18 or exploits people under the age of 18 in a sexual or violent
    manner.
  12. your Contributions do not violate
    any federal or state law concerning child pornography, or otherwise
    intended to protect the health or well-being of minors;
  13. your Contributions do not include
    any offensive comments that are connected to race, national origin,
    gender, sexual preference, or physical handicap.
  14. your Contributions do not otherwise
    violate, or link to material that violates, any provision of these
    Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of
the foregoing violates these Terms and Conditions and may result in,
among other things, termination or suspension of your rights to use the
Site.



CONTRIBUTION LICENSE


By posting your Contributions to any
part of the Site or making Contributions accessible to the Site by
linking your account from the Site to any of your social networking
accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any
media channels.


This license will apply to any form,
media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal
and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.


We do not assert any ownership over
your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in
any area on the Site.


You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against
us regarding your Contributions.


We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in
more appropriate locations on the Site; and (3) to pre-screen or delete
any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.



SUBMISSIONS


You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information
regarding the Site (“Submissions”) provided by you to us are
non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall
be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.


You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary
right in your Submissions.



THIRD-PARTY WEBSITES AND CONTENT


The Site may contain (or you may be
sent via the Site) links to other websites (“Third-Party Websites”) as
well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or
items belonging to or originating from third parties (“Third-Party
Content”).


Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or
any Third-Party Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content.


Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Site and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms and Conditions no longer
govern.


You should review the applicable terms
and policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any
applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the applicable
third party.


You agree and acknowledge that we do
not endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.



SITE MANAGEMENT


We reserve the right, but not the obligation, to:


(1) monitor the Site for violations of these Terms and Conditions;


(2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms and Conditions, including without limitation, reporting such user
to law enforcement authorities;


(3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof;


(4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any
way burdensome to our systems;


(5) otherwise manage the Site in a
manner designed to protect our rights and property and to facilitate the
proper functioning of the Site.



PRIVACY POLICY


We care about data privacy and security. Please review our Privacy Policy https://www.loungelizard.com/privacy-policy/.
By using the Site, you agree to be bound by our Privacy Policy, which
is incorporated into these Terms and Conditions. Please be advised the
Site is hosted in the United States.


If you access the Site from the
European Union, Asia, or any other region of the world with laws or
other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then
through your continued use of the Site, you are transferring your data
to the United States, and you expressly consent to have your data



DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY


Notifications


We respect the intellectual property
rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please
immediately notify our Designated Copyright Agent using the contact
information provided below (a “Notification”).


A copy of your Notification will be
sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to federal law you may be
held liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on or
linked to by the Site infringes your copyright, you should consider
first contacting an attorney.


All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:


(1) A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed;


(2) identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works
on the Site are covered by the Notification, a representative list of
such works on the Site;


(3) identification of the material
that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the
material;


(4) information reasonably sufficient
to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an email address at which the
complaining party may be contacted;


(5) a statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law;


(6) a statement that the information
in the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed upon.



Counter Notification


If you believe your own copyrighted
material has been removed from the Site as a result of a mistake or
misidentification, you may submit a written counter notification to
us/our Designated Copyright Agent using the contact information provided
below (a “Counter Notification”).


To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:


(1) identification of the material
that has been removed or disabled and the location at which the material
appeared before it was removed or disabled;


(2) a statement that you consent to
the jurisdiction of the Federal District Court in which your address is
located, or if your address is outside the United States, for any
judicial district in which we are located;


(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;


(4) your name, address, and telephone number;


(5) a statement under penalty of
perjury that you have a good faith belief that the material in question
was removed or disabled as a result of a mistake or misidentification of
the material to be removed or disabled;


(6) your physical or electronic signature.


If you send us a valid, written
Counter Notification meeting the requirements described above, we will
restore your removed or disabled material, unless we first receive
notice from the party filing the Notification informing us that such
party has filed a court action to restrain you from engaging in
infringing activity related to the material in question.


Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake
or misidentification, you may be liable for damages, including costs
and attorney’s fees. Filing a false Counter Notification constitutes
perjury.


Designated Copyright Agent


Ken Braun


Attn: Copyright Agent


31 West Main Street, Suite 212


Patchogue, NY 11772


[email protected]



COPYRIGHT INFRINGEMENTS


We respect the intellectual property
rights of others. If you believe that any material available on or
through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a
“Notification”). A copy of your Notification will be sent to the person
who posted or stored the material addressed in the Notification.


Please be advised that pursuant to
federal law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that
material located on or linked to by the Site infringes your copyright,
you should consider first contacting an attorney.]



TERM AND TERMINATION


These Terms and Conditions shall
remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.


If we terminate or suspend your
account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party.


In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.



MODIFICATIONS AND INTERRUPTIONS


We reserve the right to change,
modify, or remove the contents of the Site at any time or for any reason
at our sole discretion without notice. However, we have no obligation
to update any information on our Site. We also reserve the right to
modify or discontinue all or part of the Site without notice at any
time.


We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.


We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors.


We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Site at
any time or for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or inconvenience caused
by your inability to access or use the Site during any downtime or
discontinuance of the Site.


Nothing in these Terms and Conditions
will be construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection therewith.



GOVERNING LAW


These Terms and Conditions and your
use of the Site are governed by and construed in accordance with the
laws of the State of New York applicable to agreements made and to be
entirely performed within the State/Commonwealth of New York, without
regard to its conflict of law principles.



DISPUTE RESOLUTION


Option 1


: Any legal action of whatever nature
brought by either you or us (collectively, the “Parties” and
individually, a “Party”) shall be commenced or prosecuted in the state
and federal courts located in Suffolk County, New York, and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts.
Application
of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms and Conditions. In no event shall
any claim, action, or proceeding brought by either Party related in any
way to the Site be commenced more than 1 year after the cause of action
arose.



Option 2: Informal Negotiations


To expedite resolution and control the
cost of any dispute, controversy, or claim related to these Terms and
Conditions (each a “Dispute” and collectively, the “Disputes”) brought
by either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally for at least
360 days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.



Binding Arbitration


If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL.


The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes (“AAA Consumer
Rules”), both of which are available at the AAA website www.adr.org.


Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules.


The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party.


The arbitrator must follow applicable
law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Suffolk County, New
York.


Except as otherwise provided herein,
the Parties may litigate in court to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.


If for any reason, a Dispute proceeds
in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Suffolk County,
New York, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts.


Application of the United Nations
Convention on Contracts for the International Sale of Goods and the the
Uniform Computer Information Transaction Act (UCITA) are excluded from
these Terms and Conditions.


In no event shall any Dispute brought
by either Party related in any way to the Site be commenced more than 1
year after the cause of action arose. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.



Option 3: Binding Arbitration


To expedite resolution and control the
cost of any dispute, controversy or claim related to these Terms and
Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute
brought by either you or us (individually, a “Party” and collectively,
the “Parties”) shall be finally and exclusively resolved by binding
arbitration.


YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of which are
available at the AAA website www.adr.org.


Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules.


The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The
arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator
must follow applicable law, and any award may be challenged if the
arbitrator fails to do so.


Except where otherwise required by the
applicable AAA rules or applicable law, the arbitration will take place
in Suffolk County, New York. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.


If for any reason, a Dispute proceeds
in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in Suffolk County,
New York, and the Parties hereby consent to, and waive all defenses of
lack of, personal jurisdiction, and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts.


Application of the United Nations
Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from
these Terms and Conditions. In no event shall any Dispute brought by
either Party related in any way to the Site or Services be commenced
more than 1 year after the cause of action arose.


If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.



Option 2/Option 3: Restrictions


The Parties agree that any arbitration
shall be limited to the Dispute between the Parties individually. To
the full extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.



Option 2/Option 3: Exceptions to Informal Negotiations and Arbitration


The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief.


If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that
court.



CORRECTIONS


There may be information on the Site
that contains typographical errors, inaccuracies, or omissions that may
relate to the Site, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on
the Site at any time, without prior notice.



DISCLAIMER


THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.


AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.



LIMITATIONS OF LIABILITY


IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.


[NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 1
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] $1,000. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.


IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.



INDEMNIFICATION


You agree to defend, indemnify, and
hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against
any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising
out of: (1) your Contributions; (2) use of the Site; (3) breach of these
Terms and Conditions; (4) any breach of your representations and
warranties set forth in these Terms and Conditions; (5) your violation
of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any
other user of the Site with whom you connected via the Site.


Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and
you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon
becoming aware of it.



USER DATA


We will maintain certain data that you
transmit to the Site for the purpose of managing the Site, as well as
data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Site.


You agree that we shall have no
liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss
or corruption of such data.



ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES


Visiting the Site, sending us emails,
and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing.


YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE.


You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.



CALIFORNIA USERS AND RESIDENTS


If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.



MISCELLANEOUS


These Terms and Conditions and any
policies or operating rules posted by us on the Site constitute the
entire agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms and Conditions
shall not operate as a waiver of such right or provision.


These Terms and Conditions operate to
the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control.


If any provision or part of a
provision of these Terms and Conditions is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.


There is no joint venture,
partnership, employment or agency relationship created between you and
us as a result of these Terms and Conditions or use of the Site. You
agree that these Terms and Conditions will not be construed against us
by virtue of having drafted them.


You hereby waive any and all defenses
you may have based on the electronic form of these Terms and Conditions
and the lack of signing by the parties hereto to execute these Terms and
Conditions.



CONTACT US


In order to resolve a complaint
regarding the Site or to receive further information regarding use of
the Site, please contact us at:


WebWorkDigital Inc.


31 West Main Street
Suite 212
Patchogue, NY 11772


631 581-1000


888-308-8990


[email protected]

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