Terms Of Service- WLogix, Inc.
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
The terms '[WLogix.com]' 'Wlogix', 'Us,' 'We,' or 'Licensor' includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
This Agreement in all respects shall be governed by and construed according to the laws of the State of Minnesota, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Hennepin County, Minnesota. You consent to the exclusive jurisdiction of Minnesota for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Hennepin County, Minnesota.
You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org.
You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.
You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Minnesota.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement and such declaration shall have no effect on the enforceability of the remaining terms.
*Permissible Changes to Contract Terms*
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications,
representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at http://www.WLogix.com/tos.html
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
ALL CONTENT IS PROVIDED WITH A 30 DAY WARRANTY AND ANY AND ALL OTHER WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
*Limitation of Liability*
Our cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall we be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if we have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
*Backup of Data*
Data backup is the responsibility of you, the licensee. WLogix holds no responsibility to backup or maintain your files on your webhost unless agreed to in writing.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary. There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly.
The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
Date of this Agreement: July 11, 2004
1/13/2008- Added 30 day warranty text
12/02/09- Added data backup clause
You should also know....
-We bill in 15 minute minimums.
-Prices quoted are always estimates. If you change the project workload, there will be additional costs to development.
-If you have questions, please ask. We have a process that works well as long as we are all on the same track and will be happy to explain how we will reach your goals.
-Down payment of 1/3 required to start the project, balance due upon completion. We will make your site live upon final payment. All content is property of WLogix until paid for in full.
-WLogix provides 30 days warranty on all development. This means that you should test your product upon completion and let us know if there are any issues. Balance must be paid in full for warranty to be valid.