Terms and Conditions
This morepolicies.com End User Agreement ("Agreement") is entered into by and between Reichel Graphic Design and Client and Client's heirs, agents, successors and assigns (Client), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of morepolicies.com and its related services (collectively, the "Service") and represents the entire agreement between You and Reichel Graphic Design concerning the subject matter hereof. By using the Service, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Reichel Graphic Design may establish from time to time, in its sole discretion, and any agreements that Reichel Graphic Design is currently bound by or may become bound by in the future. All Reichel Graphic Design policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.
The Service
Reichel Graphic Design combines content, web hosting, graphic images, and proprietary knowledge to create a professional web presence on the internet for Client. This may include a website, linking to website from various other sites including NoPressureAgents.com, and various article-submission sites.
Reichel Graphic
Design
owns or
licenses original content it has created or licensed for building websites.
This includes site layout, copy, photos and methods and techniques used in
creating sites or enhancing the web-presence of existing site through
search-engine optimization. In addition, Reichel Graphic Design
will, on Client's behalf, write articles for submission to various article
submission sites, and post these on such sites under the author's name.
Client owns client-supplied copy and photos.
Termination
1. Subject to earlier termination as provided below, this Agreement is a month-to-month contract that automatically renews.
2. In addition to any other remedies it may have, Reichel Graphic Design may also terminate this Agreement upon thirty (30) days' notice (or ten (10) days in the case of nonpayment), if Client breaches any of the terms or conditions of this Agreement.
3. Ownership of content upon termination. All content supplied by Client will revert to Client; all content, graphic images, proprietary knowledge supplied by Reichel Graphic Design will revert to Reichel Graphic Design. We will work with you to transfer the domain name and hosting to the client or client's vendor, and links will be redirected at Client's instruction to the new site, if any, client chooses. Articles written on behalf of client by Reichel Graphic Design will stay posted on the article submission sites that Reichel Graphic Design posted them to originally; however it will not be the responsibility of Reichel Graphic Design or the article submission site to maintain the article.
Availability of Services
Subject to the terms and conditions of this Agreement and each of Reichel Graphic Design policies and procedures, Reichel Graphic Design shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Reichel Graphic Design may undertake from time to time; or (iii) causes beyond the reasonable control of Reichel Graphic Design or that are not reasonably foreseeable by Reichel Graphic Design, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Reichel Graphic Design has no control over the availability of the Services on a continuous or uninterrupted basis.
Additionally, articles posted to
various article submission sites reside on those sites. Therefore,
Reichel Graphic Design
has no control over
the continuous or long-term presence of the articles on the internet.
Your Obligations
Client is responsible for
accuracy of client-supplied content submitted for inclusion on the website or
for inclusion in an article submitted to an article submission
site.
Additionally, client, in conjunction with Reichel Graphic Design, is responsible for proofing the site and articles that Reichel Graphic Design submits to article submission sites. Reichel Graphic Design will change any errors found on the site, but once articles are posted the ability to change errors on the articles is extremely limited.
You represent and warrant to Reichel Graphic Design that: Your Content does not and shall not contain any content, materials, data, work, copyright, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your Content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and offer the Content.
You agree not to engage in unacceptable use of any Service, which includes, without limitation, use of the Service to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Reichel Graphic Designto be in conflict with the spirit or intent of this Agreement or any Reichel Graphic Design policy.
Indemnity
You will indemnify and hold Reichel Graphic Design (and its service providers, suppliers, officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content provided by You, Your use of the Services, Your breach of these Terms and Conditions or Your violation of any law or the rights of a third party.
GOVERNING LAW
All matters relating to the use of the site and these Terms and Conditions shall be governed by the laws of the State of Nebraska. You and Reichel Graphic Design agree to submit to the jurisdiction of the state and federal courts located in Nebraska.
AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
BINDING ARBITRATION
Any and all disputes between the parties concerning the use of this website will be exclusively and fully resolved through binding arbitration by a single arbitrator
without recourse to any court of law. The Arbitrator will be chosen by Reichel Graphic Design and all hearings will be
conducted in Lincoln, Nebraska. The Arbitrator will be governed bythe Rules of Commercial Arbitration of the American Arbitration Association.
The Costs of Arbitration will be distributed between the parties pursuant to the direction of the Arbitrator.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL REICHEL GRAPHIC DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION OF LIABILITY
IN NO EVENT WILL REICHEL GRAPHIC DESIGN BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICE OR ANY USE OF THE SERVICE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH WEB SITES CREATED UNDER TERMS OF THE SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF REICHEL GRAPHIC DESIGN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Reichel Graphic Design:
By (Signature) _______________________
Name: _____________________________
Company Name:
________________________
Title: _______________________________
Client:
By (Signature) _______________________
Name: _____________________________
Company Name:
________________________
Title: _______________________________