Terms of Use
Creative Website Marketing – CreativeWebsiteMarketing.com Terms of Use
These Terms of Use set forth the standards of use of this website located at https://creativewebsitemarketing.com (the “Site”), which is operated by Creative Website Marketing, LLC (“us”, “we”, or “our”). We offer this Site to help our clients and prospective clients make informed decisions regarding digital marketing services.
Please carefully read all of these terms and conditions (the “Terms of Use”) prior to using this Site. If you do not agree to these Terms of Use or the Privacy Policy, do not use this Site. By browsing, accessing, linking, using, uploading information and/or downloading information from the Site, you agree to these Terms of Use.
Acceptance of Terms of Use
By using this Site, you expressly agree to these terms and conditions without limitation or qualification. If you choose not to agree to these terms, then you may not use this site. Creative Website Marketing reserves the right to change these terms and conditions at any time without prior notice to you. You agree that each visit you make to this Site shall be subject to the then-current Terms of Use. By accessing and/or browsing this site, you accept without limitation or qualification these Terms of Use and acknowledge that any other agreement between you and Creative Website Marketing regarding the subject matter hereof is superseded and of no force or effect.
Right To Use Site
You represent and warrant to Creative Website Marketing that you are at least 18 years of age or have obtained the prior consent of your parents and that you possess the legal right and ability to enter into this Agreement, including without limitation that you have the authority to contractually bind the organization that you represent.
Privacy Policy
Registration data, if any, and other information about you is subject to Creative Website Marketing’s Privacy Policy. By using the Site, you consent to the collection and use of this information in accordance with the Privacy Policy.
Intellectual Property
Unless otherwise noted, all content on the Site is subject to intellectual-property rights including copyrights and trademarks held or licensed by Creative Website Marketing. Subject to these Terms of Use, Creative Website Marketing grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Website Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of Creative Website Marketing. Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Creative Website Marketing is prohibited.
If someone is duplicating your content without permission, you can request to have it removed by filing a request under the Digital Millennium Copyright Act.
Warranty and Indemnification
You warrant and represent that your use of the Website will comply with these Terms of Use. You further warrant and represent that all content added to the Website by or at the behest of you or your agents or representatives, including, without limitation, messages, recipes, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise control all rights to the User Content. You agree to indemnify and hold Creative Website Marketing and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of the warranties and representations herein, your use of the Website, the violation of these Terms of Use, or infringement by you, or other user of the Website using your computer, of any intellectual property or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. Creative Website Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Creative Website Marketing’s written consent.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CREATIVE WEBSITE MARKETING NOR ANY PERSON ASSOCIATED WITH CREATIVE WEBSITE MARKETING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CREATIVE WEBSITE MARKETING NOR ANYONE ASSOCIATED WITH CREATIVE WEBSITE MARKETING REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CREATIVE WEBSITE MARKETING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. IN NO EVENT WILL CREATIVE WEBSITE MARKETING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Jurisdiction of the Courts of Tennessee
The Site is operated and provided in the State of Tennessee. As such, Creative Website Marketing is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Tennessee applicable to contracts entered into and wholly to be performed within Tennessee. The state and federal courts of Davidson County, Tennessee, shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Use or the use of or visit to the Website. By using the Site, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee, with respect to all such disputes. Creative Website Marketing makes no representation that the Site is appropriate, legal or available for use in other locations. Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.
Contacting Us
If there are any questions regarding this terms of use you may contact us using the information below:
CreativeWebsiteMarketing.com