GENERAL INFORMATION.
These Rules
constitutes the entire agreement between you
and us and govern your use of the Website,
superseding any prior agreements between you
and us. The Rules and the relationship between
you and us shall be governed by the laws of
the State of California without regard to its
conflict of law provisions. You agree that any
controversy between the parties hereto
involving any claim arising out of or relating
to a breach of these Rules shall be submitted
to and be settled by final and binding
arbitration in the City and County of Los
Angeles, California, in accordance with the
then current Commercial Arbitration Rules of
the American Arbitration Association (the
“AAA"). The arbitrator shall determine
a prevailing party. You agree that regardless
of any statute or law to the contrary, any
claim or cause of action arising out of or
related to use of the Website or the Rules
must be filed within one (1) year after such
claim or cause of action arose or be forever
barred.
FEES.
All fees paid
to us for advertising on our network of
websites are non-refundable. Fees paid
to us for banner or web site registration,
creation, and population will be refunded on a
pro-rata basis where undue delay or an
inability to reconcile differences between the
parties occurs. If fees are paid and a
business closes or ceases to operate, then
there shall be no refund after implementation
of services.
DISCLAIMER OF
WARRANTIES.
YOU AGREE THAT
USE OF THE WEBSITE is ENTIRELY AT YOUR OWN
RISK. THE WEBSITE is PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE WEBSITE AND
THE SERVICES. TO THE FULLEST EXTENT PERMITTED
BY LAW, EWEBNATION.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE,
OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE
WEBSITE OR THE SERVICES. Some jurisdictions do
not allow the disclaimer of implied
warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
LIMITATIONS OF
LIABILITY.
UNDER NO
CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (EVEN IF EWEBNATION.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR
USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF THE WEBSITE, FROM
INABILITY TO USE THE WEBSITE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE WEBSITE.
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT
TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE WEBSITE OR
ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH
OR ADVERTISED IN CONNECTION WITH THE WEBSITE
OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW. In some jurisdictions, limitations of
liability are not permitted. In such
jurisdictions, some of the foregoing
limitation may not apply to you.
ADVERTISING RATES.
Rates are based
on each individual website. There are
different prices based on the site's
popularity as well as the type of
advertisement placed, (ie textual ad vs.
banner ad). Please read through each
sites' pricing and advertising rate page.
SITE REGISTRATION,
CREATION, & POPULATION.
Rates are based
on each individual project. The amounts
can vary depending on the amount of time and
creativity that is needed by our staff to
complete the project. A client that
provides artwork and direction will,
naturally, pay a lower rate than one where our
staff must create everything from the ground
up. Please be sure to go over your website
design with your representative to make sure
that you understand the process from start to
finish.
Please feel
free to contact us with any additional
questions or concerns at eWebNation@aol.com
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