MEMOIRWORKBOOK.COM TERMS AND CONDITIONS
Last Modified: June 20, 2015
This document was created using a Contractology template available at http://www.freenetlaw.com.
This website (MemoirWorkbook.com) is operated by Webduster, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Webduster, LLC. Webduster, LLC offers this website, including all information, tools and services available from this site to you, the user, on the condition of your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must be at least 18 years of age to use this website. By using this website, you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Webduster, LLC owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may republish, sell, rent or sub-license or distribute only your Microsoft Word or PDF document that was created by the MemoirWorkbook.com website application.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Webduster, LLCs express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Webduster, LLCs express written consent.
Access to certain areas of this website is restricted. Webduster, LLC reserves the right to restrict access to other areas of this website, or indeed this entire website, at Webduster, LLCs discretion.
If you establish a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not.
Webduster, LLC may disable your user ID and password in Webduster, LLCs sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You are solely responsible to maintain copies of any user content that you wish to preserve. Webduster, LLC will endeavor to maintain redundant backups of your user content, however we make no representation or guaranty. WE EXPRESSLY DISCALIM ANY LIABILITY ARISING OUT OF THE LOSS OF ANY USER CONTENT.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Webduster, LLC or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must not submit any user content to the website that is copyrighted unless you have the rights to use it.
Webduster, LLC reserves the right to remove any material submitted to this website, or stored on MemoirWorkbook.com servers, or hosted or published upon this website.
Notwithstanding Webduster, LLCs rights under these terms and conditions in relation to user content, Webduster, LLC does not undertake to monitor the submission of such content to this website.
THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WEBDUSTER, LLC MAKES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THIS WEBSITE OR THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE. WEBDUSTER, LLC HEREBY DISCLAIMS AND EXCLUDES ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, ARISING BY OPERATION OF LAW OR OTHERWISE.
Without prejudice to the generality of the foregoing paragraph, Webduster, LLC does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading;
- the service will be uninterrupted, error-free, virus free, secure, or timely.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriate professional.
Limitations of liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER THIS AGREEMENT, UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL WEBDUSTER, LLC’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO WEBDUSTER, LLC PURSUANT THERETO. IN ADDITION, UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL WEBDUSTER, LLC BE LIABLE FOR LIQUIDATED, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES OR COSTS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIP, LOSS OF REPUTATION OR GOODWILL OR LOSS OR CORRUPTION OF INFORMATION OR DATA HOWSOEVER CAUSED AND EVEN IF THE POTENTIAL OF SUCH DAMAGES WAS DISCLOSED AND/OR KNOWN.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Webduster, LLCs liability in respect of any matter which it would be illegal or unlawful for Webduster, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Webduster, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Webduster, LLC owners, managers, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Webduster, LLCs owners, managers, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Webduster, LLC.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Webduster, LLC and undertake to keep Webduster, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Webduster, LLC to a third party in settlement of a claim or dispute on the advice of Webduster, LLC legal advisers) incurred or suffered by Webduster, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Webduster, LLCs other rights under these terms and conditions, if you breach these terms and conditions in any way, Webduster, LLC may take such action as Webduster, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Webduster, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Webduster, LLC may transfer, sub-contract or otherwise deal with Webduster, LLCs rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Webduster, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Florida law, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Manatee County.