THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE DESIGNJA.COM WEBSITE. BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THIS WEBSITE.
The Designs by GT (hereinafter “WE” or "OUR") may amend this Agreement at any time by posting a new agreement in place of this one. WE will post notice that the Agreement has been amended on its Terms page located at http://designsbygt.com/terms.php for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of our website following the posting of the amended agreement and notice shall mean that you accept the terms of this agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of our website. This Agreement may not otherwise be amended.
You are granted a non-exclusive and non-transferable license to use and access our website. The website shall include the associated services and the Shopping Links page.
In order to access and use the our website you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on our computer systems, an infringement of our intellectual property and an unlawful use of our assets.
We are very concerned about the privacy and safety of all users, especially children.
You shall not:
submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind; use our website to commit any dishonest act, act of fraud or any act which infringes any third party rights; submit
any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy; submit any
information or link to any material which is defamatory, libellous, harassing or threatening of or to any person or organization; submit any information or link to any material which is harmful or potentially harmful including, without limitation, that
which places any person’s health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program; submit any information or link
to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false
advertising or copyright; undertake any activity which creates liability or damage or potentially creates liability or damage to El-Mech or its computer systems or its service providers. You agree not to use any spider, robot or other automatic means
to search or monitor the content of this website without our written consent. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with our software or website or their use by any
other user. You agree not to cause any unreasonable burden or load on our software or its computer systems.
You agree that we will not be liable for any delay or unavailability of our website or related services, whether due to an act or omission of ours or an act or omission of any third party.
We may make available to you the ability to submit information to the website. You agree that all of your submissions will be in compliance with this Agreement. Our posting of any information or link does not mean that we agree that the information or link complies with this Agreement or that we agree with the content of the information or link. Notwithstanding our review, you agree to indemnify Designs by GT and other users for any loss or damage that we or any user may suffer as a result of the posting of any information that you submit.
Some information or links posted to our website may be offensive to you or incorrect or misleading. Some portions of the Website allow users to post information. However, even if we review and post a submission to this website it does not mean we endorse the same. All such postings remain the sole responsibility of the person who submitted such information. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been posted. Under no circumstances will we be liable in any manner for the same. We may change, add to or delete from our website at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.
Designs by GT has certain protectable proprietary rights in its software and website, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on our website other than for personal use.
THE Designs by GT WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE USED BY YOU AT YOUR SOLE RISK. Designs by GT MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE OUR WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL OTHER CIRCUMSTANCES Designs by GT' TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (JMD).
You agree to hold Designs by GT, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our website, your use of our website, or your violation of these terms of use.
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser- franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary.
OUR failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of OUR software, website and the relationship between the parties. No representative of Designs by GT is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.
Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
This Agreement, the relationship between you and Designs by GT and your use of OUR website, the Links page and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the country of Jamaica, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and Designs by GT which in any way concerns this Agreement or the use of OUR website shall be brought exclusively in the courts of Jamaica. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. Designs by GT is headquartered in Jamaica.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
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