The following terms and conditions govern all use of the http://www.santacruznext.org website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Fredrick Price ("Fredrick"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Fredrick Price Policy) and procedures that may be published from time to time on this Site by Fredrick (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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. If these terms and conditions are considered an offer by Fredrick, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your http://www.santacruznext.org Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Fredrick may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Fredrick liability. You must immediately notify Fredrick of any unauthorized uses of your blog, your account or any other breaches of security. Fredrick will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Fredrick or otherwise.
By submitting Content to Fredrick for inclusion on your Website, you grant Fredrick a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Fredrick will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fredrick has the right (though not the obligation) to, in Fredrick Price sole discretion (i) refuse or remove any content that, in Fredrick Price reasonable opinion, violates any Fredrick policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Fredrick Price sole discretion. Fredrick will have no obligation to provide a refund of any amounts previously paid.
By selecting a product or service, you agree to pay Fredrick the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
Unless you notify Fredrick before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Fredrick in writing.
Fees; Payment. By signing up for a Services account you agree to pay Fredrick the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Fredrick reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Fredrick.
Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Fredrick to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free http://www.santacruznext.org services. All support will be provided in accordance with Fredrick standard services practices, procedures and policies.
Responsibility of Website Visitors. Fredrick has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Fredrick does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Fredrick disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which http://www.santacruznext.org links, and that link to http://www.santacruznext.org. Fredrick does not have any control over those non-Fredrick websites and webpages, and is not responsible for their contents or their use. By linking to a non-Fredrick website or webpage, Fredrick does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Fredrick disclaims any responsibility for any harm resulting from your use of non-Fredrick websites and webpages.
Copyright Infringement and DMCA Policy. As Fredrick asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by http://www.santacruznext.org violates your copyright, you are encouraged to notify Fredrick in accordance with Fredrick Price Digital Millennium Copyright Act ("DMCA") Policy. Fredrick will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Fredrick will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Fredrick or others. In the case of such termination, Fredrick will have no obligation to provide a refund of any amounts previously paid to Fredrick.
Intellectual Property. This Agreement does not transfer from Fredrick to you any Fredrick or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Fredrick. Fredrick, http://www.santacruznext.org, the http://www.santacruznext.org logo, and all other trademarks, service marks, graphics and logos used in connection with http://www.santacruznext.org, or the Website are trademarks or registered trademarks of Fredrick or Fredrick Price licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Fredrick or third-party trademarks.
Advertisements. Fredrick reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
Attribution. Fredrick reserves the right to display attribution links such as 'Blog at http://www.santacruznext.org,' theme author, and font attribution in your blog footer or toolbar.
Changes. Fredrick reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Fredrick may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Fredrick may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your http://www.santacruznext.org account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Fredrick if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Fredrick Price notice to you thereof; provided that, Fredrick can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". Fredrick and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Fredrick nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Fredrick, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Fredrick under this agreement during the twelve (12) month period prior to the cause of action. Fredrick shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Fredrick Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Fredrick, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Fredrick and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Fredrick, or by the posting by Fredrick of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Waco, TX, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in 3095 Hill Haven Drive Waco, TX. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in 3095 Hill Haven Drive Waco, TX, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Fredrick may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.