1. Agreement to Terms
These Terms and Conditions ("Terms", "Terms and Conditions") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and AM Web Design ("we," "us," or "our"), concerning your access to and use of the amwebdesign.io website (the "Site") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.
By accessing or using our Site, you agree that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. Intellectual Property Rights
Our Content
Unless otherwise indicated, the Site and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by AM Web Design, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your Use of Our Content
You are permitted to use the Site for your personal, non-commercial use only. You must not copy, modify, transmit, display, perform, distribute, or create derivative works from any content on our Site without our prior written permission.
Client Work and Portfolio
Images, designs, and examples of client work displayed on our Site remain the property of our respective clients or AM Web Design as agreed in individual client contracts. These are displayed for portfolio purposes only and may not be reproduced without permission.
3. User Representations
By using our Site, you represent and warrant that:
You have the legal capacity and you agree to comply with these Terms and Conditions
You are not under the age of 13
You will not access the Site through automated or non-human means (except for search engine crawlers)
You will not use the Site for any illegal or unauthorized purpose
Your use of the Site will not violate any applicable law or regulation
All information you submit to us is true, accurate, current, and complete
You will maintain the security of your account (if applicable) and accept all risks of unauthorized access
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Prohibited activities include but are not limited to:
Systematically retrieving data or content to create a collection, compilation, database, or directory without our written permission
Making any unauthorized use of the Site, including collecting usernames and/or email addresses by electronic means for the purpose of sending unsolicited email
Using the Site to advertise or offer to sell goods and services without our permission
Circumventing, disabling, or otherwise interfering with security-related features of the Site
Engaging in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users
Making improper use of our support services or submitting false reports of abuse or misconduct
Engaging in any automated use of the system, such as using scripts to send comments or messages
Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site
Attempting to impersonate another user or person or using the username of another user
Selling or otherwise transferring your profile (if applicable)
Using any information obtained from the Site in order to harass, abuse, or harm another person
Using the Site as part of any effort to compete with us or otherwise using the Site for any revenue-generating endeavor or commercial enterprise
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or making up the Site
Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site
Harassing, annoying, intimidating, or threatening any of our employees or agents
Deleting the copyright or other proprietary rights notice from any content
Uploading or transmitting viruses, Trojan horses, or other material that interferes with any party's use of the Site
Uploading or transmitting any material that acts as a passive or active information collection or transmission mechanism
Disparaging, tarnishing, or otherwise harming us and/or the Site
Using the Site in a manner inconsistent with any applicable laws or regulations
5. Services
We offer web design, development, and related digital services. Specific terms for individual projects are governed by separate service agreements or contracts entered into between AM Web Design and our clients.
Service Availability
We reserve the right to modify, suspend, or discontinue any service or feature of our Site at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of services.
Third-Party Tool
We may provide you with access to third-party tools, including but not limited to Google Analytics, HubSpot, and other services. We neither monitor nor have any control over such tools and make no representations or warranties about these third-party tools.
6. Submissions and Communications
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose without acknowledgment or compensation to you.
Contact Forms and Communications
By submitting information through our contact forms or communicating with us through the Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Disclaimers
"As Is" and "As Available" Disclaimer
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
Errors, mistakes, or inaccuracies of content and materials
Personal injury or property damage resulting from your access to and use of the Site
Unauthorized access to or use of our secure servers and/or any personal information stored therein
Interruption or cessation of transmission to or from the Site
Bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party
Errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site
Professional Disclaimer
The information on this Site is provided for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the information contained on the Site.
9. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
10. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your submissions
Use of the Site
Breach of these Terms and Conditions
Any breach of your representations and warranties set forth in these Terms and Conditions
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any overt harmful act toward any other user of the Site with whom you connected via the Site
11. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
12. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
13. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
14. Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
15. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of Illinois, United States, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the federal or state courts located in Cook County, Illinois.
16. Dispute Resolution
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions brought by either you or us (individually, a "Dispute" and collectively, the "Disputes"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If you and we are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Restrictions
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The parties agree that the following Disputes are not subject to binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
Any claim for injunctive relief
17. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
18. Changes to Terms and Conditions
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
15. Contact Information
If you have questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
AM Web Design