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TERMS AND CONDITIONS

These Terms and Conditions were last updated on April 16, 2009.

 

General

These Terms and Conditions govern the Internet user's (You, Your) use of this website (the Site) and Your relationship with Defining Dimensions(The Developer).

These Terms and Conditions may change from time to time, and changes will affect Your rights. Take care to inform Yourself of the contents of this document, which affect Your rights and obligations in law.

This Agreement shall be construed in accordance with the laws of the State of Illinois without regard to any conflict of law provisions. Any dispute arising under this Agreement or otherwise in connection with this Site or any Content shall be resolved exclusively by the state and federal courts of the State of Illinois, Mecklenburg.

May You Contract?

The Age of Consent may differ from country to country. It is Your responsibility to ensure Your lawful use of this Site.

If You are under The Age of Consent, You do not have full contractual capacity, and You may not access or use the Site UNLESS YOU FIRST ENSURE THAT YOUR PARENTS APPROVE OF YOUR USE OF THIS WEBSITE.

If You continue to access and use this Site, in doing so YOU ADVISE THE DEVELOPER THAT YOU HAVE REQUESTED AND RECEIVED YOUR PARENT'S APPROVAL.

Contract Formed

Your use of this Site indicates Your agreement to these Terms and Conditions (this Agreement). By Your agreement, a contract is formed between You and The Developer each time You access the Site. If You disobey any of these Terms and Conditions, legal consequences may follow. If You do not agree to these Terms and Conditions, You may not use this Site, nor apply for registered use of this Site.

Whole Agreement

These Terms and Conditions form the entire Contract between You and The Developer in respect of Your access to and use of the Site and the Content, and supersedes all prior understandings, purchase orders, agreements and arrangements. Any unauthorized use of the Site Terminates this Agreement.

The Site is interpreted to mean without limitation The Developer websites, various individual websites hosted at or via the Site, any individual intranet and/or extranet hosted via the Site, any new website to be developed, and any part thereof.

The Content is defined below under the INTELLECTUAL PROPERTY RIGHTS heading.

Subject to the Terms and Conditions of this Agreement, You are provided a revocable limited personal non-exclusive non-transferable non-commercial license to access and use the Site and the Content for the duration of this Agreement. Under no circumstances are You entitled to sub-license access to and/or use of the Site or the Content.

If You disobey these Terms and Conditions, then this Agreement will automatically terminate, upon which You may not access, use, copy, transmit, distribute, or communicate at or via the Site or the Content.

Right to Change this Agreement

The Developer reserves the right to alter the Terms and Conditions of this Agreement at any time, and without notice.

Any altered Terms and Conditions will apply to You as soon as You access this Site after the Terms and Conditions have been changed.

Please review this Agreement regularly, to determine if amendments to these Terms and Conditions have been effected.

All Rights Reserved

All rights of any kind in respect of this Site which are not expressly granted in this Agreement are entirely and exclusively reserved to and by The Developer.

You may not rent, lease, nor modify, translate, reverse engineer, decompile, disassemble the Site, nor create derivative works based on the Site or any part thereof.

The Developer reserves the right to revoke all rights in this Agreement without notice, at any time, and for any or no reason.

Availability of The Developer's website/s, Products and Services

The Developer aims to offer You the best products and services possible, but makes no warranty that access to and use of the Site, its contents, and any products or services offered thereby will meet Your requirements, and cannot guarantee that the service will be fault-free.

If You experience a faulty service, please report it to Customer Services at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In such event, The Developer will attempt to remedy the fault as soon as it reasonably can.

Your access to the Developer site and services may from time to time be restricted to allow for repairs, maintenance and the introduction of new products or services. In such event, The Developer will attempt to restore service as soon as it reasonably can.

Products and Services Provided

The Developer may provide certain products and services via the Site, which may include without limitation the provision of website management software, website hosting and email accounts.

The Developer reserves the right to add to, amend or withdraw from availability, any or all of the products and services without notice. Provision of existing services and products shall be governed by the terms of this document.

All products are subject to availability, while stocks last, and all services are subject to The Developer's capacity to provide them.

Payment

Payment in respect of products or services ordered via the Site shall be paid by You to The Developer without any deductions or set-off within the period stipulated in the invoice.

The Developer shall be entitled to charge interest on all overdue amounts at the maximum rate permissible from time to time for money-lending transactions. Interest due shall be calculated and payable monthly in advance on the first day of each and every successive month on the balance outstanding from time to time by You to The Developer, and shall be added to the amount due to The Developer by You in respect of the invoice.

Should you dispute any portion of an invoice tendered, You shall nevertheless forthwith pay the undisputed amount without delay. All products supplied by The Developer shall remain the property of The Developer until the purchase price has been paid in full.

The Developer shall be entitled to vary the prices of products and services offered via the Site without prior notice and at its sole discretion. Risk in any products sold shall pass to You upon delivery thereof.

Dealings with Credit Information

The Developer may perform a credit check on Your record with one or more Credit Bureaus when assessing Your application for registration and other application for credit, and may monitor Your payment behavior upon reasonable cause during the tenure of any service provision.

Terms of Provision of Products and Services

All contracts concluded between You and The Developer for the provision of services below shall, unless otherwise stipulated, commence on the date of the last party signing the agreement, shall endure for a period of 1, 6 or 12 calendar months calculated from the end of the month in which the contract commences, and shall, unless You provide The Developer with 30 days prior notice in writing, automatically be renewed subject to such altered terms (including without limitation price increases) as The Developer may advise You of during the term of such contract.

You warrant that all details provided by you on registration or at any time are true and correct, and you undertake to inform The Developer of any changes therein.

Upon registration, The Developer may issue You with a username and password for access to its products and services.

You agree to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password; and undertake:

  • Responsibility for maintaining the confidentiality of the username and password issued to You;
  • To logout at the end of each protected session, and
  • To restrict access to Your workstation during logged-in sessions; and
  • To notify The Developer immediately upon the breach of the confidentiality of Your username and password.

Should You enter into a service contract with The Developer in terms of which The Developer provides e-commerce (shopping) platform, functionality and/or related services, You indemnify The Developer against and accept solely responsibility:

  • For all legal obligations and liability arising from any transactions entered into between You and customers to whom such services are provided by You; and
  • For prompt delivery of any services and/or products transacted or promised using such services; and
  • For all liability incurred resulting from fraudulent transactions howsoever caused by use and operation of such services; and
  • To ensure that, at the website where You offer products and services, all relevant legislation is abided by, including stringent adherence to all relevant e-commerce and related consumer-beneficial legislation

Upon reasonable belief by The Developer that Your username and/or password have been compromised, it may require You to change your password, or it may suspend your account pending remedial action.

The Developer's acceptance of Your order for products or services occurs on dispatch of Your order, at which time the sale, licence or service agreement will be concluded, and You will be charged for Your order.

All products are subject to availability, while stocks last, and all services are subject to The Developer's capacity to provide them.

Intellectual Property Rights

The Site displays content which consists of Copyrighted works, owned by their proprietors, including The Developer, its affiliates and/or subsidiaries, or any other third party owners of such content ("the Providers").

The Copyrighted works may include without limitation Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content").

All such Content, and the compilation of the Content, is protected by international copyright laws. All rights in and to the Content is reserved and retained by the Providers.

You are not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content, other than as specified in these Terms and Conditions.

You agree and acknowledge that any derivative work or adaptation made by You of the Content is the property of the Providers, and no assignment or transfer or general right of use therein is acquired by You unless agreed to and reduced to writing.

All Content downloaded or otherwise copied from this Site may only be stored and/or presented, regardless of format, in conjunction with all copyright, trademark or other proprietary notices used in conjunction with the Content on the Site.

The source code of the Site or any separate software accessed thereby is not provided with the Site. Any attempt by You to reveal, obtain or otherwise access such source code is a violation of this Agreement, and terminates it without limitation of The Developer's right of recourse to pursue all applicable action for infringement of its intellectual property.

Should You submit any content to the Site, You thereby:

  • Warrant that You own or are otherwise legally entitled to supply the content submitted to the Site; that such content is accurate; that by the supply of the content to The Developer, You do not violate any law, nor that such supply will cause injury to any person or entity; and that You indemnify the Providers against all claims in respect of content You supply to it.
  • Grant to The Developer a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

No Warranty, Limitation of Liability

Under no circumstances shall the Providers, their principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any direct or indirect, special or consequential, or other damages whatsoever (including, without limitation, injury to person or to personality, lost profits, lost or damaged data or databases, business interruption, loss of information, programs or other data) relating to access to or use of the Site or the Content.

Any liability of The Developer in this Agreement will be limited exclusively to the re-provision, on the same terms and conditions, of the products and services offered in this Agreement.

You may not access Site under circumstances where the access to or use of the Site or the Content can reasonably be expected to result in monetary damage or loss, mental or physical injury, or in danger to or loss of life.

Any such access to or use of the Site or the Content in conflict with the above clause will be entirely at Your own risk, and You agree to hold The Developer harmless from any claims or losses arising from such access or use.

By Your access to or use of the Site, You assume the entire risk therein. This Site and the Content are provided "as is", and does not contain or include any warranty of any kind, whether express or implied.

Specifically, the Providers do not make any representations, endorsements or warranties, express or implied, concerning the availability, currency, accuracy, or completeness of the Site or the Content or the reliability of information displayed at or otherwise made available through the Site.

In particular, The Developer makes no warranty in respect of:

  • Malicious code: The Site does not scan for malicious code. You acknowledge and accept the responsibility to obtain and operate Your own anti-virus protection.
  • Secure communications: The Site is accessible via the Internet, and communications transmitted via the Internet are susceptible to monitoring and interception. You are urged to exercise restraint and caution in all communications, and to apply industry-standard protection measures to your systems.

To the full extent allowed by applicable law, You agree that The Developer will not be liable to You or to any third party for any direct, indirect, special, consequential incidental or punitive damages whatsoever (including without limitation loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy or loss of data) that arise out of or are related to this Site.

Indemnity

You hereby indemnify The Developer against all losses, liabilities, costs and expenses reasonably suffered or incurred by The Developer, all damages awarded against The Developer by any court of competent jurisdiction, and settlement amounts paid by The Developer as a result of any settlement agreed to by The Developer arising out of or in connection with:

  • Any claim by any third party that the use by You of this Site, the Content, or the products or services offered at the Site, is defamatory, offensive or abusive, or of an obscene or illegal nature, or otherwise constitutes a breach of any applicable law, regulation or code of practice;
  • Any claim by any third party that the use by You of this Site, the Content, or the products or services offered at the Site, infringes that third party's Intellectual Property Rights of whatever nature; and
  • Any fines or penalties imposed by any legal or regulatory authority in connection with the above prohibited activities.

Should The Developer reasonably believe that You have breached any of Your obligations under the Website Terms and Conditions or the Terms and Conditions of this document, The Developer shall be entitled, without limitation to The Developer's further remedies and rights, to suspend or cancel your registration, to suspend Your access to any or all services or products. The suspension or cancellation of Your registration shall be without prejudice to either party's rights.

Hyperlinks to Third Party Sites

This Site may contain links to third party web sites for Your convenience. The Developer has no control over such web sites, and the inclusion of a link to a third party web site does not imply a warranty, representation or endorsement by the Providers of that third party web site, its content, nor any products or services offered through that web site. If You click through to a third party web site, You will leave the Site, and visit those web sites at Your own risk.

Privacy, Access to And Use of Information

The Developer receives various types of information ("the Information") about You when You access the Site. The Developer makes every reasonable effort to protect Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. To ensure acquaintance with and awareness of the privacy measures and polices of The Developer, You are urged to note the underlying privacy clauses incorporated in this Agreement:

  • Privacy - Casual Surfing:

You may visit the Site without providing any personal Information. The Site servers will in such instances collect the IP address of Your computer, but not any other personally-identifying Information.

This Information is aggregated to measure the number of visits, average time spent at the Site, pages viewed, etc. The Developer uses this Information to measure use of the Site, to market the Site as a commercial service, and to improve the Site generally.

  • Privacy - Unsolicited Information:

If You post Information to the Site without being asked for it, You grant a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to the Providers to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such the Information throughout the world in any media.

You grant to the Providers the right to use Your name in connection with such the Information, if they choose.

The Developer reserves the right but not the obligation to monitor and edit or remove any Information, where posted to public pages. The Developer takes no responsibility, and assumes no liability for any Information posted by You or any third party to the Site.

  • Privacy - Solicited Information You give to The Developer:

If You require any of The Developer's products or services, You must apply for registration at the Site, and supply personal Information to process administrative functions and transactions. You may choose not to provide certain personal Information, but that may limit the services or products that The Developer is able to provide to You.

The Developer provides its products and services in conjunction with its affiliates and subsidiaries. Your personal Information that is required by affiliates and subsidiaries to give effect to transactions that You choose to enter into is shared with those entities.

  • Privacy - Promotional Information:

The Developer aspires to provide industry-standard service to its customers, which necessitates The Developer providing information to You regarding new products and services or special offers. In each instance, You are provided an opportunity to opt-out of such Information circulars.

  • Privacy - Business Transfers:

The Developer may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets.

  • Privacy - Lawful Purposes:

When a court-sanctioned subpoena, or similar instrument, requiring the delivery of personal customer Information is received by The Developer, it has the legal duty to abide by that demand.

  • Privacy - Surveys:

The Developer may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, The Developer will inform You how the Information gathered will be used, and will provide You with the opportunity to opt-out from such surveys.

Legitimate Use; Unauthorized, Unlawful and Illegal Behavior

If You apply for registration on the Site, The Developer may issue, upon such terms and conditions as are applicable from time to time, within its own sole and unfettered discretion, and within a reasonable period, a username and password to You for access to certain parts of the Site.

Registration, Username and Password:

Should The Developer issue You with a username and password for access to the Site, You agree to accept liability and responsibility for all activities that occur and transactions that are entered into using that username and password; and undertake:

  • Responsibility for maintaining the confidentiality of the username and password issued to You;
  • To logout at the end of each protected session, and
  • To restrict access to Your workstation during logged-in sessions; and
  • To notify The Developer immediately upon the breach of the confidentiality of your username and password.

Prohibited Use:

This Site and the Content may not be used:

  • For illegal purposes or in support of illegal activities. You shall not use the Site in any way that is in violation of any local, state, federal or non-United States law, regulation or treaty. Nor shall you use the Site in any way that constitutes a tort, breach of contract or other civil wrong. We reserve the right to cooperate with legal authorities and injured third parties in the investigation of any suspected crime or civil wrong. Among other things, we reserve the right to produce all information, personal or otherwise, that we have about you in response to a subpoena, court order, or other legal action;
  • For the dissemination of unlawful, harassing, defamatory, abusive, vulgar, obscene or otherwise objectionable material;
  • For the transmission of material that constitutes or encourages conduct amounting to a criminal offence, or that is likely to result in civil liability, or otherwise breaches any applicable law, regulation or code of practice;
  • For the unauthorised access to the Site or other computer systems; or
  • To transmit, receive or otherwise deal in material which would constitute an infringement of Intellectual Property;
  • Transmitting unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters, or any other form of unauthorized or unsolicited transmissions;
  • Introducing viruses, worms, or any other computer programs, files, or codes that are designed or intended to disrupt, damage, or limit the functioning of the Site or of any software or hardware; or to damage or obtain unauthorized access to any data or other information;

Non-Commercial Use:

You may not make access to the Site available to others in connection with a service provider, application service provider, or similar business, or commercially exploit or use Site without the prior written consent of The Developer

Hacking:

You may not use hacker or cracker technologies or applications to test or penetrate the Site, Content protected by content management systems, data or databases in or on the Site, secure server systems or any other form of secured information, or to monitor or intercept private or personal communications.

You may not spoof another user's name or online identity, or gain access to or use of the Site through any username and password other than Your own.

No Framing:

You may not frame nor use framing technologies to frame or otherwise insert the Site or the Content nor any part thereof into a window in a third-party website without the prior written consent of The Developer.

Severability

If any Term or Condition of this Agreement is determined to be invalid or unenforceable by a Court of competent jurisdiction, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

Relaxation

No relaxation by The Developer of any of the Terms or Conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by The Developer. Any such relaxation will be effective only in the specific instance and for the purpose given.

No indulgence granted by The Developer shall constitute a waiver or abandonment of any of its rights under this Agreement. The Developer shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against You which may have arisen in the past or which may arise in the future.

International Use of this Site

The Developer makes no warranty that the Site is appropriate for or available in jurisdictions external to the United States of America. This Site may not be used in violation of US export laws and regulations. If this Site is accessed from or used in jurisdictions external to the United States of America, that User then:

  • Assents to the jurisdiction and governing law as above;
  • Is completely liable and responsible for the compliance with all local laws.

Disclaimer

THIS SITE AND ALL CONTENT OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE DEVELOPER DOES NOT WARRANT THAT ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THIS SITE WILL BE ACCURATE, RELIABLE OR CORRECT; AND THAT THE DEVELOPER DOES NOT WARRANT THAT THE SITE OR ANY OF ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE AND THE INTERNET GENERALLY IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND ANY DAMAGES FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THIS SITE OR ANY HYPERLINKED WEBSITES, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

Defining Dimensions is a Web Site Design and Development Company. Our services include design, creation, and maintenance of popular Joomla CMS driven websites. We serve any and all persons in need of a presence on the web nationwide from Taylorville, Illinois.