The Appeal Design Website Terms of Use and Notices
Last Updated: January 2009
1. THIS IS AN AGREEMENT BETWEEN YOU AND The Appeal Design
This is an agreement ("Agreement") between you and The Appeal Design (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by The Appeal Design (each, an "The Appeal Design Web Site," and collectively, the "The Appeal Design Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
The Appeal Design OFFERS The Appeal Design WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF The Appeal Design WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW The Appeal Design MAY MODIFY THIS AGREEMENT
The Appeal Design reserves the right to change the terms, conditions, and notices under which it offers The Appeal Design Web Site, including any charges associated with the use of The Appeal Design Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any The Appeal Design Web Site. Your continued use of The Appeal Design Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
The Appeal Design Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that The Appeal Design Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an The Appeal Design Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF The Appeal Design WEB SITE
The Appeal Design Web site are only for your personal and commercial advertisement use. You will not use The Appeal Design Web site in any way that is unlawful, or harms The Appeal Design, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "The Appeal Design Party" and collectively, the "The Appeal Design Parties") or any customer of an The Appeal Design Party, as determined in The Appeal Design's sole discretion. The Appeal Design may tell you about certain specific harmful uses in a code of conduct or other notices available through an The Appeal Design Web Site, but has no obligation to do so. You may not use The Appeal Design Web Sits in any way that breaches any code of conduct, policy or other notice applicable to The Appeal Design Web Site. Without limiting the generality of this section, you may not use The Appeal Design Web Site in any manner that could damage, disable, overburden, or impair any The Appeal Design Web Site (or the network(s) connected to any The Appeal Design Web Site) or interfere with any other party's use and enjoyment of The Appeal Design Web site.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use The Appeal Design Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. The Appeal Design may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of The Appeal Design Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through The Appeal Design Web Site.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to The Appeal Design related to The Appeal Design Web Site (an "advertisement submission"), you grant The Appeal Design permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with The Appeal Design Web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. The Appeal Design will not pay you for your Submission. The Appeal Design may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, The Appeal Design may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of The Appeal Design Parties or any customer of a The Appeal Design Party.
7. INFORMATION AVAILABLE FROM The Appeal Design WEB SITE
The Appeal Design and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from The Appeal Design Web Site. The Appeal Design and its suppliers do not authorize the use of information available from The Appeal Design Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. The Appeal Design is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in The Appeal Design Web site constitute an offer or solicitation to buy or sell any security. The Appeal Design does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in The Appeal Design Web site is intended to constitute professional advice, including but not limited to, investment or tax advice.
8. The Appeal Design MAKES NO WARRANTY
The Appeal Design PROVIDES The Appeal Design WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Appeal Design PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. The Appeal Design PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF The Appeal Design WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY The Appeal Design PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF The Appeal Design WEB SITE, EVEN IF SUCH The Appeal Design PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH The Appeal Design WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY The Appeal Design PARTY WITH RESPECT TO THIS AGREEMENT OR The Appeal Design WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Appeal Design WEB SITE.
10. CHANGES TO The Appeal Design WEB SITE; ADDITIONAL LIABILITY LIMITATION
The Appeal Design PARTIES MAY CHANGE The Appeal Design WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use The Appeal Design Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by The Appeal Design and persons other than The Appeal Design (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT The Appeal Design PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT The Appeal Design IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF The Appeal Design WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN The Appeal Design WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH The Appeal Design WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON The Appeal Design WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTION
The Appeal Design may terminate this Agreement, or terminate or suspend your access to The Appeal Design Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use The Appeal Design Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON The Appeal Design WEB SITE MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with The Appeal Design Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an The Appeal Design affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such The Appeal Design affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject The Appeal Design Web site are directed. If this Agreement is with The Appeal Design, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of The Appeal Design Web site. If this Agreement is with a The Appeal Design affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such The Appeal Design affiliate in all disputes arising out of or relating to the use of The Appeal Design Web site.
13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The Appeal Design may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in The Appeal Design Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and The Appeal Design with respect to The Appeal Design Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Appeal Design with respect to The Appeal Design Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND The Appeal Design AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO The Appeal Design WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of The Appeal Design Web site are Copyright © 2002-2009 The Appeal Design and/or its suppliers, 1195 Milton Terrace, Suite 5406, Atlanta, Georgia 30315 U.S.A. All rights reserved. The Appeal Design, The Appeal Design logo, and/or other The Appeal Design products and services referenced herein may also be either trademarks or registered trademarks of The Appeal Design in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
16. OTHER NOTICES
Third Party Account Information By using the "Listings Manager" service through The Appeal Design Web site, you authorize The Appeal Design and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint The Appeal Design and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting The Appeal Design and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
The Appeal Design Bill Pay Service Terms of Use and Privacy Statement
The Appeal Design Bill Pay service is provided by a third party service provider. Click here to view the third party service provider's terms and conditions for use of The Appeal Design Bill Pay service. GivenLink for the privacy policy applicable to how the third party service provider handles your data for The Appeal Design Bill Pay service.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE
18. FOR INFORMATION REGARDING The Appeal Design.COM PRIVACY STATEMENT, SEE OUR PRIVACY POLICY PAGE.
