CONTENT AND USE OF CONTENT
THIRD PARTY CONTENT
BANNERS, ADVERTISEMENTS, AND/OR PROMOTIONS
PRIVACY POLICY
MONITORING
INDEMNIFICATION
LINKS TO OTHER SITES AND RESOURCES
TRADEMARKS
DISCLAIMER OF WARRANTIES
LIMITATIONS OF LIABILITY
CONDITION OF USE OF SITE
Thank you for visiting Altavia Web Design's website.
Altavia Web Design has the right at any time to change, modify, or discontinue any aspect or feature of
the site, including, without limitation, to the content, hours of availability, and equipment needed for
access or use of the site. All pages within this website and any material made available for download
(collectively, the Site) are the property of Altavia Web Design. You are responsible for obtaining and maintaining
all connection, computer hardware and other equipment needed for access to and use of the website and all
charges related thereto.
This website is subject to all of these Terms of Use, a legally binding agreement between you
and Altavia Web Design, outlining liability limitations and disclaimers that apply to Altavia Web Design in
connection with your use of this website. The terms also address restrictions and warnings on your use of
materials found on the website. By your accessing this website, you acknowledge you have read, understood,
and agree to be bound by these terms and to comply with all applicable laws and regulations including, but
not limited to, United States copyright law protecting the material provided on this website. Any claim
relating to the use of this website and the materials contained herein is governed by the laws of the
state of New York.
Altavia Web Design may update, modify, or otherwise change any terms or conditions applicable to this
website, or any part thereof, or to impose new conditions, including, without limitation, to adding fees and
charges for use without prior notice to you. Any updates, modifications, and/or changes will be fully
binding on you from the time of their posting. The most current version of our Terms of Use on this website
is available at all times. You are urged to review them on a regular basis. Such changes, which may be given
by any means including, without limitation, to posting on the site, or by email or conventional mail, or by any
other means. Any use of the website by you after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions. Any changes to the Terms of Use modifications, additions or
deletions shall be effective immediately upon notice thereof, will be binding on you even if you have not
read them or are not otherwise aware of them. Reading these Terms of Use and keeping apprised of all
changes to them is your responsibility.
Back To Top
Content and Use of Content
All content including but not limited to information, text, data, messages, software, music,
sound, photographs, graphics, video, and other information and materials found on the Altavia Web Design
website ("content") is either Altavia Web Design property or that of a third party owner, signified
by its trademark notice. You may not sell, rent, lease, sublease, copy, license, reproduce, transmit, mirror,
modify, distribute, publicly display, publish, adapt, edit, participate in the transfer or sale, or create
derivative works from any content, whole or in part, without prior written authorization from the owner or
the content's authorized licensee or agent. All copyrighted material, trademarks and other proprietary
information will be respected. You may use the website for lawful purposes only. You may not post or
transmit any material that violates or infringes in any way upon the rights of others. You may not use
the website for anything that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable. You may not encourage conduct that would constitute a
criminal offense, gives rise to civil liability, or otherwise violate any law. Without Altavia Web Design's express
prior approval, you may not post or transmit through the website any material that contains advertising or any
solicitation with respect to products or services. You shall not use the website to advertise or perform any
commercial solicitation, including, without limitation, to the solicitation of users to become subscribers of
other on-line information services competitive with the site. Any conduct by you that in Altavia Web Design's
discretion restricts or inhibits any other user from using or enjoying the website will not be permitted.
You may download one copy of any copyrighted material for your personal, non-commercial home use only.
Unless otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without the express written permission
of Altavia Web Design and the copyright owner. If copying is permitted, no changes in or deletion of author's
attribution, trademark legend, or copyright notice may be made. You do not acquire any ownership rights by
downloading copyrighted material. You may not upload, post, or otherwise make available on the website, any
material protected by copyright, trademark, or other proprietary right without the express permission of the
owner of that copyright, trademark, or other proprietary right. The burden of determining that any material's
copyright reposes with you. You shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a submission. Submission of material
to any public area of the site, automatically grants or warrant that the owner of such material expressly
grants Altavia Web Design royalty-free, worldwide, irrevocable, non-exclusive right and license to use,
reproduce, publish, display, translate, mirror, and/or distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed. You, in so
doing, permit any other user of the website to access, view, store or reproduce the material for that user's
personal use. You grant Altavia Web Design the right to edit, copy, display, publish, and distribute any material
made available on the website by you. These provisions benefit Altavia Web Design, partners, and its third party
content providers and licensors, who each have the right to assert and enforce such provisions directly or on
its own behalf. This permission terminates automatically if you breach any terms or conditions. Upon such
termination, you must immediately destroy any downloaded and printed materials from or related to Altavia Web
Design's website. The materials on this website are provided with "Restricted Rights." Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use
of the materials by the Government constitutes acknowledgment of Altavia Web Design's proprietary rights in them.
Back To Top
Third Party Content
Altavia Web Design distributes (not publishes) content supplied by third parties and users of the website.
Accordingly, has no editorial control over such content than does a public library, book purveyor, or
newspaper distributor. Any opinions, advice, services, offers, or other information or content available
from third parties, including information providers and users, are those of the respective author(s) or
distributor(s) and not of Altavia Web Design. The content available through the website represents the opinions and judgments
of the respective information provider or user. Altavia Web Design neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on the website by anyone other than authorized
employees or spokespersons while acting in their official capacities.
Back To Top
Banners, Advertisements, and/or Promotions
Altavia Web Design reserves the right to post advertisements, banners, promotions, and similar content
throughout the website. Any such postings are subject to change. Any interactions, correspondence, and/or
business dealings in which you engage with any advertisers and other third parties businesses found on or
via Altavia Web Design's website or your participation in any of their promotions or offers, including payment
and delivery of related goods or services and any other terms, conditions, guarantees, warranties, or
representations associated with such interactions, are solely and entirely between you and the Third Party
Businesses. Altavia Web Design is not and will not be liable for any harm, loss, or damage of any kind incurred as a result of
any such interactions, correspondence, or business dealings.
Back To Top
Privacy Policy
You have read and agree to all of the terms and conditions of our Privacy Statement, which is located
at: http://www.altaviaweb.com/privacy.asp
Back To Top
Monitoring
Altavia Web Design reserves the right, but not the obligation, to monitor the content of the website,
to determine compliance with these conditions of use and any operating rules established by and to satisfy
any law, regulation or authorized government request. Altavia Web Design has the right at its sole discretion
to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the
foregoing, has the right to remove any material that Altavia Web Design, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
Back To Top
Indemnification
You agree to defend, indemnify and hold harmless Altavia Web Design and its affiliates and their respective
directors, officers, employees, and/or agents from and against any and all claims, actions, demands, damages,
costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.
Back To Top
Links to Other Sites and Resources
Altavia Web Design's website may link to other Internet sites or sources. Altavia Web Design may not
maintain these other Internet sites or sources or have any control over them. Altavia Web Design does not
endorse, approve, or sponsor any of the other Internet sites or sources or their content, advertising,
information, materials, products, services, or other items on or available from them and disclaims all
liability for the availability, accuracy, integrity, performance, quality, and/or source of the other
Internet sources or sites or their compliance with any law or regulation. Altavia Web Design is not and
shall not be liable for any harm, loss, or damage of any kind caused or alleged to be caused by or in
connection with your use of or reliance on any non-related or non-proprietary Internet source or site.
Back To Top
Trademarks
Trademarks, service marks, and logos used and displayed on this website are registered and unregistered
trademarks of Altavia Web Design and others. Nothing on this website should be construed as granting in
any way a license or right to use any trademark displayed on the website, without the written permission
of the trademark owner. Altavia Web Design aggressively enforces intellectual property rights to the fullest
extent of the law. The name of Altavia Web Design or the logo may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this Site, without prior, written
permission. Altavia Web Design prohibits use of the logo as a "hot" link to any website unless establishment
of such a link is approved in advance by Altavia Web Design. Except as expressly set forth in these Terms of
Use, nothing contained on this Website may be construed as granting any license or right to use any content
or trademark displayed on this website without the prior written consent of its owner or authorized licensee.
All rights are reserved.
Back To Top
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO
YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALTAVIA WEB DESIGN EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES OF EVERY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NEITHER ALTAVIA WEB DESIGN, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE,
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH
THE SITE. ALTAVIA WEB DESIGN MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THE
WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, YOUR USE OF THE WEBSITE WILL
ACHIEVE ANY PARTICULAR RESULT, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY
RESOURCES AND THIRD PARTY MATERIALS) WILL MEET YOUR REQUIREMENTS, OR ANY ERRORS IN OUR SOFTWARE
WILL BE CORRECTED. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED
THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND
THIRD PARTY ITEMS) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER PROPERTY ITEM THAT
RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM ALTAVIA WEB DESIGN OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS OF USE. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A
MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU.
Back To Top
Limitations of Liability
ALTAVIA WEB DESIGN WILL NOT AND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- ANY USE OR INABILITY TO USE THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY RESOURCES, THIRD PARTY MATERIALS, OR THIRD PARTY
BUSINESSES.
THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO
PROVIDE THE WEBSITE TO YOU. FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ALTAVIA WEB DESIGN IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU.
Exclusions to Limitations: Applicable law may not permit the exclusion of certain warranties or limitations or
exclusions of liability or incidental or consequential damages. Accordingly, some of the limitations set forth
above may not apply to you. In no event will Altavia Web Design's total liability to you for damages, losses,
and/or causes of action whether in contract, tort (including its own negligence) or under any other legal
theory including strict liability exceed the amount paid by you, if any, for accessing this site.
Back To Top
Condition of Use of Site
As a condition to your use of this website, you represent, warrant, and guarantee that you will use the
website in compliance with these Terms of Use and all-applicable laws and regulations.
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof
and supersede all previous written or oral agreements between the parties with respect to such subject matter.
These terms of use shall be construed in accordance with the laws of the State of New York. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall not be given any legal import.
Copyright 2005 Altavia Web Design. All Rights Reserved.
For questions or comments about this website please send e-mail to info@AltaviaWeb.com
Back To Top