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Terms Of Use
Thank you for visiting Dajaney Designs. The Dajaney Designs website
has been made available to you subject to your compliance with the terms
and conditions set forth below (the "Terms of Use"). Please
read this document carefully before accessing or using the Dajaney Designs website.
By accessing or using this website, you are agreeing to be bound by the
Terms of Use. If you do not wish to be bound by the Terms of Use,
you may not access or use the website.
Modification
of these Terms of Use
Dajaney Designs reserves the right to change the terms, conditions, and notices
at any time, and such modifications shall be effective immediately upon
posting of such changes. You are therefore responsible for regularly reviewing
these Terms of Use and additional terms or notices posted on the
Dajaney Designs website. Your continued access of this website shall be deemed
your conclusive acceptance of the modified agreement.
Privacy
Please review our Privacy Policy,
which also governs your visit to Dajaney Designs, to understand
our practices regarding the use and disclosure of your personal
information.
Electronic
Communications
When
you visit Dajaney Designs or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive communications
from us electronically or by other means available. We will communicate
with you electronically, by telephone or by facsimile. It is further understood
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communication be in writing.
License
and Website Access
Dajaney Designs grants you limited license to access and make personal use of
this website and not to download (other than for page caching purposes)
or modify it, or any portion of it, except with the express written consent
of Dajaney Designs. This website or any portion of this website may
not be reproduced, duplicated, adapted, copied, sold, resold, transmitted
or otherwise exploited for any commercial purpose without the express
written consent of Dajaney Designs. You may not frame, or use any framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, flash movie, page layout, or form) of Dajaney Designs without the express written consent of Dajaney Designs. You
may not use META tags or any other "hidden text" which utilize
dajaneydesigns.com, Dajaney Designs or any other derivative
of our domain or company name without the express written consent of Dajaney Designs. You are hereby granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Dajaney Designs so long
as the link does not portray any false, misleading, derogatory, or otherwise
offensive matter.
It
is further understood and agreed that Dajaney Designs cannot and does
not guarantee or warrant that files made available for downloading through
the Dajaney Designs website will be free of infection or viruses, worms, Trojan
horses or other code that manifests contaminating or destructive properties.
It is your responsibility for implementing sufficient safeguards and procedures
to ensure that any files obtained through Dajaney Designs are free from
such contaminations.
Disclaimer
of Warranty/Limitation of Liability
THIS
WEBSITE AND RELATED INFORMATION IS PROVIDED BY DAJANEY DESIGNS ON AN
"AS IS" AND "AS AVAILABLE" BASIS. DAJANEY DESIGNS
MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAJANEY DESIGNS DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAJANEY DESIGNS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT
FROM DAJANEY DESIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DAJANEY DESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third
Party Links
Linked
websites are not under the control of Dajaney Designs and Dajaney Designs is not responsible for the contents of any linked site or any
link contained in a linked site. Dajaney Designs provides links to you
only as a convenience, and the inclusion of any link does not imply or
constitute an endorsement by Dajaney Designs of the site.
Applicable
Law
By
visiting the Dajaney Designs website, you agree that the laws of the
state of Texas, without regard to principals of conflict of laws,
will govern these Terms of Use and any dispute of any sort that might
arise between you and Dajaney Designs.
Disputes
Any
dispute relating in ay way to your visit or access of the Dajaney Designs
website or to the products or services you purchase through the Dajaney Designs website shall be submitted to binding arbitration in Collin County,
Texas, except that, to the extent you have in any manner violated
or threatened to violate Dajaney Designs' intellectual property rights,
Dajaney Designs may seek injunctive or other appropriate relief in any
state or federal court in the state of Texas, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under these
Terms of Use shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under
these Terms of Use shall be joined to an arbitration involving any
other party subject to these Terms of Use, whether through class
arbitration proceedings or otherwise.
Indemnification
You
agree to indemnify, defend and hold harmless Dajaney Designs, its officers,
directors, owners, partners, employees, agents, licensors, suppliers and
any third party information provider to the website from and against all
losses, expenses, damages and costs, including attorney's fees, resulting
from any violation of these Terms of Use (including negligent or
wrongful conduct) by you or your use and access of the Dajaney Designs website.
Other
Provisions
Dajaney Designs failure to insist upon or enforce strict performance of any provision
of these Terms of Use 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 provision of these Terms of Use.
Dajaney Designs may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
or enforceability of any remaining condition. Any rights not expressly
granted herein are reserved.
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