TERMS AND CONDITIONSMerchant Web Works Program
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ANY SERVICES OR INFORMATION ASSOCIATED WITH THIS WEBSITE.
All users of this site agree that access to and use of this site is subject to the following terms and conditions ("Terms and Conditions") and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site or become an Affiliate. In these Terms and Conditions, "us", "we", "our" refers to Merchant Web Works ("Merchant Web Works") and "you" or "your" refers to you, the user of this Website.
Intellectual Property RightsAll patents, trademarks, trade names, service marks, service names, designs, design rights, copyrights, database rights, moral rights, know how, trade secrets and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right on or referenced on this Website ("Proprietary Materials") belong to us or our licensors. The Proprietary Materials may not be copied, distributed, published, licensed, used or reproduced in any way (except to access and use this Website) without our written consent.
Changes to Website, Software and Services
We reserve the right to:
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. There is no guarantee as to web traffic, lead generation or income potential derived from your website; as relates to any sales program. This includes any advertising purchase you elect, whether on your own or purchased through Merchant Web Works. Any scenarios given, either written or verbal, are not in itself a guarantee for potential income. To date, we have no verifiable sales data with regard to investment returns, as a result of website or advertising. Your signature on any corresponding invoices or purchase agreements for advertising acknowledges this fact and prospectus. Primary source of income will be derived mainly from you. Any advertising done outside and independent of Merchant Web Works must be approved prior to any ad placement or circulation of any kind.
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, licensors, financial institution, fulfillment contractors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In the event that any provision of these Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Intellectual Property Rights, Warranty Disclaimer, Limitation of Liability and Indemnity shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of our products and services) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of our products and services) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
These Terms and Conditions together with any documents expressly referred to in them, contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. In agreeing to these Terms and Conditions, you have not relied on any representation other than those expressly stated in these Terms and Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these Terms and Conditions. Merchant Web Works reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice.