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Noon-an-Night Terms & Conditions
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YOUR SUCCESS STORY is our goal! Terms & Conditions | Design Policy | Hosting Policy | Privacy Statement General Terms & Conditions 1. By visiting or using this Web site
in any way, or linking to this Web site, you are entering into an
agreement with Noon-an-Night Design Services, Inc. to be bound by
the then-current version of these Terms and Conditions and other
policies. You are also bound by all other applicable laws. This
is the entire agreement between you and Noon-an-Night Designs relating
to this Web site. Noon-an-Night Designs has the right to revise
these Terms and Conditions at any time. 2. ALL CONTENT OF THIS WEB SITE, INCLUDING
ANY SOFTWARE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOON-AN-NIGHT
DESIGNS DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED
OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD
PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH NOON-AN-NIGHT DESIGNS
WISHES THE CONTENT OF THIS WEB SITE TO BE ACCURATE, COMPLETE, AND
CURRENT, NOON-AN-NIGHT DESIGNS DOES NOT WARRANT OR REPRESENT THAT
ANY CONTENT OF THIS WEB SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE,
COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT,
AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS
MAY NOT APPLY TO YOU IN WHOLE OR IN PART. 3. UNDER NO CIRCUMSTANCES WILL NOON-AN-NIGHT
DESIGNS BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR
LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEB SITE, OR WEBSITE
NOON-AN-NIGHT CREATES, OR ANY OTHER WEB SITE TO WHICH THIS SITE
IS LINKED, THE CONTENT OF SUCH WEB SITES, OR ANY VIRUSES OR OTHER
HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEB SITES, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION,
OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF NOON-AN-NIGHT
DESIGNS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN
WHOLE OR IN PART. 4. Noon-an-Night Designs controls and
operates this Web site from the State of Texas and makes no representation
or warranty that the content of this Web site is appropriate, lawful,
or available for use in other geographic locations. If you use this
Web site from other locations, you are responsible for compliance
with all applicable local laws. 5. In the event that Noon-an-Night
Design Services, Inc. receives a check that is returned for any
reason such as insufficient funds, Noon-an-Night Design Services,
Inc. will charge $50 per check and may charge any additional fees
to cover charges deemed necessary by our Bank as a direct result
of the returned check. If for example, a customer's returned check
causes Noon-an-Night Design Services, Inc. to bounce any checks;
the Licensee will be responsible for any resulting bank service
fees. Delinquent accounts and late payments for any reason will
accrue late fees which are based 2.5-10% per 15-30 days - late fees
will only be based on the original amount due. 6. Links to other Web sites or Internet
locations from this Web site have been provided for your convenience
only. Noon-an-Night Designs does not endorse, sponsor, or approve
any of the content of such Web sites or locations. Noon-an-Night
Designs does not always have full control over any of the Web sites
or other Internet locations that you may access through this Web
site, and is not responsible for the content or accuracy of the
content of any such Web sites or locations. If you access any other
Web site or Internet locations through this Web site, you do so
at your own risk. 7. Noon-an-Night Designs owns or has
the right to use all of the data, information, text, images, sounds,
icons, and other content contained on this Web site (including software
and transmissions to this Web site), and the copyrights and other
intellectual property rights therein, unless otherwise noted. You
may review, download, and/or print one copy of the content of this
Web site, but you may not make more than one copy of such content,
modify it in any way, distribute or transmit it to any other person
or company, frame or otherwise display any of the content of this
Web site on your own or any other Web site, or make any other use
of it. Such copying, modification, distribution or transmission,
display, or use would breach this agreement and infringe Noon-an-Night
Design’s copyrights, copyrights licensed to Noon-an-Night
Designs, and/or other intellectual property rights owned by or licensed
to Noon-an-Night Designs. If you download software from this Web
site, Noon-an-Night Designs owns such copy and you are licensed
to use it for its intended purpose but may not sell copies of it,
modify it, display it, redistribute or transmit it, or use it in
any other way. If you download and/or print any content of this
Web site, you agree to maintain any and all copyright notices and
other notices or statements of proprietary rights appearing on such
content. Noon-an-Night Designs has no right or authority to authorize
you to use, download, print, copy, modify, display, distribute,
or transmit any content of any other Web site that you access from
this Web site. 8. The following are trademarks or
service marks of Noon-an-Night Enterprises, LLC: 9. Noon-an-Night Designs reserves the
right to change or discontinue at any time, without notice, any
materials, equipment, specifications, models, products, or services
described on this Web site, or the availability thereof. Products,
methods, and processes described on this Web site may be covered
by U.S. or foreign patents and/or other intellectual property rights.
10. Software made available on this
Web site may be subject to United States export control laws. No
software from this site may be downloaded or otherwise exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, North Syria, or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using any software made
available on this Web site, you represent and warrant that you are
not located in, under the control of, or a national or resident
of any such country or on any such list. 11. If you transmit any information
of any kind (including software) to this Web site, you represent,
warrant, and agree that you have the unhindered right to do so,
that such information does not infringe the copyright, trademark,
patent, trade secret, or other intellectual property or proprietary
rights of any other person or company, that such information is
not confidential or proprietary to you or any other person or company,
that such information does not injure any other person or company,
and that Noon-an-Night Designs may copy, distribute, modify, display,
disclose, obtain intellectual property protection in its own name
for, or otherwise use such information (and any ideas embodied therein),
and may manufacture, use, and sell products, methods, and processes
made there from, without restriction, in any way it chooses anywhere
in the world, free of charge to Noon-an-Night Designs and without
acknowledgment of authorship or source. Noon-an-Night Designs shall
not be liable for any compensation, claims, or damages resulting
from any use of any such information, and you agree to defend and
hold Noon-an-Night Designs harmless with respect to any such compensation,
claims, or damages, including attorneys’ fees. 12. Noon-an-Night Designs may review
transmissions to this Web site from time to-time, but is under no
obligation to do so. Noon-an-Night Designs disclaims all responsibility
for the content of such transmissions and all liability arising
from such content. You may not transmit any inflammatory, libelous,
defamatory, obscene, unlawful, threatening, or otherwise objectionable
information to this Web site. Noon-an-Night Designs may remove any
transmissions to this Web site at any time. Noon-an-Night Designs
shall not be liable for any compensation, claims, or damages resulting
from any transmissions to this Web site and you agree to defend
and hold Noon-an-Night Designs harmless with respect to any such
compensation, claims, or damages, including attorneys’ fees.
13. Your obligations under these Terms
and Conditions shall continue for as long as you access this website
or use 14. These Terms and Conditions shall
be governed by the laws of Texas and applicable federal laws, without
giving effect to conflicts of laws principles. If any portion of
these Terms and Conditions is unlawful, invalid, or unenforceable,
then such portion of these Terms and Conditions shall be deemed
severed here from and shall not affect the validity or enforceability
of the remainder of these Terms and Conditions. DISPUTES: All claims or disputes of
whatever kind or nature arising out of this agreement will be decided
in accordance with the commercial arbitration rules of the American
Arbitration Society. Location of the arbitration will be based in
Texas. The prevailing party will be entitled to recover reasonable
attorney’s fees and costs associated with the dispute. Contact Information If users have any questions or suggestions regarding
our privacy policy, please contact us at:
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