Terms and Conditions of Use
By using
Debbie Jensen Design Services, and signing up as a
Client, you agree to be legally bound by these Terms and
Conditions of Use (the "Terms and Conditions"). Debbie Jensen Design Services may revise these Terms and
Conditions at any time by updating this posting. You should
visit this web page periodically to review the Terms and
Conditions, because they are binding on you. In these Terms
and Conditions, all services provided by and related to
Debbie Jensen Design Services, and all text, images,
photographs, user interface, "look" and "feel", data and
other content included at
http://www.debbiejensen.net from
time to time (including, without limitation, the selection,
coordination and arrangement of such content) are sometimes
referred to as the "Web Site" and/or "Service."
You acknowledge and agree
that Debbie Jensen Design Services shall have the
right (but not the obligation) in its sole discretion, to
pre-screen, refuse or remove any project and/or user
provided content that violates these Terms and Conditions or
is otherwise objectionable, including, without limitation,
projects or content that is illegal, obscene, indecent,
defamatory, incites religious, racial or ethnic hatred, or
violates the rights of others. Activity that is brought to
our attention which appears in our sole judgment to violate
the law will be brought to the attention of the proper
authorities. You acknowledge, consent and agree that Debbie
Jensen Design Services may access, preserve, and
disclose your account information and content if required to
do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these Terms and
Conditions; (c) respond to claims that any content violates
the rights of third-parties; (d) respond to your requests
for customer service; or (e) protect the rights, property,
or personal safety of Debbie Jensen Design Services,
its users and the public.
(a) Description. Debbie Jensen Design Services is an online offering where
individuals or entities that have signed up with Debbie
Jensen Design Services as clients (each, a "Client")
can post specific assignments and project descriptions,
including illustrative samples or other media. Debbie Jensen
Design Services will provide you, as the
Client, the Service according to a Written Agreement. Your Responses will be
created iteratively through a drafting cycle of
Construction, Revision and Responses, ultimately resulting
in a final Written Agreement conforming to your specific project
descriptions.
(b) Constructions and
Responses. You are responsible for preparing and
posting detailed content for your own Web Site, including
providing samples illustrating your ideas and any relevant
deadlines.
(c) Reviewing Responses.
When Debbie Jensen Design Services provides you with
a Response, you are responsible for reviewing the Response.
If you fail to promptly inform Debbie Jensen Design
Services, you will be deemed to have accepted the Response.
If you notify Debbie Jensen Design Services, you
shall then submit information regarding amendments or
modification to be made to the initial Response. After you
provide Debbie Jensen Design Services with the
information, Debbie Jensen Design Services will
provide you with a subsequent Response that conforms to the
additional criteria you requested. Debbie Jensen Design Services is not responsible for the content of
Responses developed to the extent that such Responses are
prepared to conform to your ideas.
(d) Revisions. Revision
generally consists of 1-2 additional compositions that
incorporate changes you requested. The purpose of the
revision process is to create Responses that move your
project forward in the specific direction you have
determined. You may request significant changes in the first
and second cycles, and the Responses generated might be
quite different in nature from the original composition you
selected. By the third revision request, your requests shall
be modifications of the current composition only. Revision
requests that depart from the then-current composition will
be honored and completed in a timely manner.
Web Design Packages as described here:
(f) Client Accounts. When you register for the Service, you
must pay for the Service via credit card, or other payment
method expressly authorized by Debbie Jensen Design
Services. You will be charged for the Package you have
selected. If you pay by credit card, you will be required to
provide a valid credit card number and credit card billing
address when registering as a Client. Debbie Jensen Design Services will email you a receipt for the
transactions in which you are involved. Our fee policy for
Clients may change and we may decide to impose additional
fees on Clients at any time; however, such additional fees
will not apply to projects submitted before Debbie Jensen
Design Services implements any such change in fees.
(g) If you are not satisfied with the
initial Responses provided by Debbie Jensen Design Services, you may request a refund by
completing the Refund Request form, which will be provided
to you upon request. Upon timely receipt of the completed
form, Debbie Jensen Design Services will refund the
total payment made by you, less a one hundred fifty dollar
($150.00) service and processing fee.
Once you request
additional revisions for any of the initial concepts, works
out as follows:
After 1st to 3rd revision
- 25% refund
After you approve your web
site concept - NO REFUND
Should you receive a
refund, you agree that your acceptance of the refund shall
constitute your sole and exclusive remedy with respect to
related Responses. Additionally, you acknowledge that you
will have no right (express or implied) to use any Response
or other work product, content, or media, nor will you have
any ownership interest in or to the same.
THE REFUNDS WILL NOT BE
ISSUED IN THE FOLLOWING CASES:
1. If the client has decided to change the name of the
company or what it does or simply decides to terminate our
services with out giving sufficient notice (at least a week)
or reason.
2. If the client has decided to change the entire
requirement project scope.
3. If the client requests for a fresh set of concepts after
the initial concepts.
4. If the client is a design company or representing some
body else (such as their client/s).
5. If we do not hear back from you for more than 1 month (30
days).
We are providing a service
to our customers and not a tangible product. Once you sign
up for our services, regardless of the package that has been
purchased from our website, we do not offer full refunds.
Because we may in part or whole hire extremely
talented designers to work on your web site, we have never
had a single complaint when it comes to quality. You can see
it in our portfolio. Anything you imagine we can design.
(i) Project Duration. You
agree to provide timely responses to any status
notifications that Debbie Jensen Design Services
sends to you. You shall have 30 days to respond to each
Response sent to you. If after 30 days you have failed to
respond, Debbie Jensen Design Services will assume
that your project is complete and the project shall be
deemed completed. At such time, Debbie Jensen Design
Services will have no further obligation to you, and you
will pay Debbie Jensen Design Services pursuant to
the provisions of these Terms and Conditions.
Notwithstanding the foregoing, Debbie Jensen Design
Services reserves the right, in its sole discretion, to
terminate your access to all or a portion of the Service, at
any time, with or without notice. In the event of such
termination, Debbie Jensen Design Services will
determine, in its sole discretion, whether you are entitled
to any refund.
2. Eligibility, Access,
Use and Service
(a) Eligibility
Requirements. To register as a Client, you must be at least
18 years of age, agree to these Terms and Conditions and
Debbie Jensen Design Services privacy policy
(located at ), and complete the registration procedure. By
registering as a Client, you represent and warrant that you
meet these eligibility requirements, that the information
you include as part of the registration process is complete
and accurate and, if you are registering on behalf of an
entity, that you are authorized to bind that entity to these
Terms and Conditions. Debbie Jensen Design Services
may accept or reject your registration in its sole
discretion.
(b) Authorization to Use;
Permitted Uses. You may access and use the Service solely in
accordance with these Terms and Conditions and any posted
policies and procedures that appear on the Web Site. You may
provide Information and obtain Responses only if you
register as a Client. Any use of the Web Site is at your
sole risk and responsibility. Subject to these Terms and
Conditions, you may (i) display the Web Site on an Internet
access device, and (ii) on an occasional, infrequent and ad
hoc basis, and only in circumstances that constitute "fair
use" under United States copyright law, print copies of
insubstantial portions of the Web Site.
(c) Prohibited Uses.
Except as expressly permitted in these Terms and Conditions,
you may not display or print the Web Site and in no event
may you broadcast, circulate, distribute, download, perform,
publish, rent, reproduce, sell, store, transmit or create
decorative works from the Web Site. Additionally, you agree
to comply with all applicable laws (including, without
limitation, any applicable export controls) in connection
with your use of the Service, and with such further
limitations or rules as may be set forth on the Web Site.
Without limiting the foregoing, you agree not to transmit,
distribute, post, communicate or store information or other
material on, to or through the Web Site that (i) is
copyrighted, unless you are the copyright owner; (ii)
reveals trade secrets, unless you own them; (iii) infringes
on any other proprietary or intellectual property rights of
others, on the privacy or publicity rights of others, or any
statutory right; (iv) is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to any other
person or entity; (v) is sexually-explicit; (vi) constitutes
advertisements or solicitations of business, chain letters
or pyramid schemes; or (vii) contains viruses, Trojan
horses, worms, time bombs, or other computer programming
routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or information. You further
agree not to (a) use any incomplete, false or inaccurate
biographical information or other information for purposes
of registering as a Client; (b) delete or revise any
material or other information of any other user of Debbie
Jensen Design Services; (c) take any action that
imposes an unreasonable or disproportionately large load on
the Web Site's infrastructure; (d) use any device, software
or routine to interfere or attempt to interfere with the
proper working of the Service or any activity being
conducted on the Web Site; (e) use or attempt to use any
engine, software, tool, agent or other device or mechanism
(including, without limitation, browsers, spiders, robots,
avatars or intelligent agents) to navigate or search the Web
Site, other than the search engine and search agents
available from Debbie Jensen Design Services on the
Web Site and other than generally available third-party web
browsers (e.g., Microsoft Internet Explorer and Netscape
Navigator); or (f) attempt to decipher, decompile,
disassemble or reverse-engineer any of the software
comprising or in any way making up a part of the Web Site.
(d) Web Site Security. You
are prohibited from violating or attempting to violate the
security of the Web Site, including, without limitation, (i)
accessing data not intended for you or logging into a server
or account that you are not authorized to access; (ii)
attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization; (iii) attempting to
interfere with service to any user, host or network,
including, without limitation, by way of submitting a virus
to, or overloading, "flooding", "spamming", "mailbombing" or
"crashing", the Web Site; (iv) sending unsolicited email to
any user of the Web Site, including promotions and/or
advertising of products or services; or (v) forging any
TCP/IP packet header or any part of the header information
in any email or posting generated in connection with the
Service. Violations of system or network security may result
in civil or criminal liability. Debbie Jensen Design
Services will investigate occurrences that may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are
involved in such violations. Debbie Jensen Design
Services reserves the right to review postings on the Web
Site, to remove any postings, and to terminate your ability
to communicate with, or post to, the Web Site at any time
without notice, in its sole discretion. Debbie Jensen Design Services will use commercially reasonable efforts
not to disclose any information you communicate with, or
post to, the Web Site, but reserves the right to disclose
such information to the extent necessary to satisfy any
applicable law, regulation, legal process or governmental
request, and the right to edit, refuse to post or to remove
any information or materials, in whole or in part.
(e) Operation of Web Site.
Debbie Jensen Design Services shall not be
responsible for any delays or interruptions of, or errors or
omissions contained in, the Web Site. Debbie Jensen Design Services reserves the right, but shall not be
required, to correct any such delays, interruptions, errors
or omissions. Although Debbie Jensen Design Services intends
to use commercially reasonable efforts to make the Web Site
and Service accessible, Debbie Jensen Design Services makes no representation, warranty or
covenant that the Web Site or Service will be available at
all times or at any time. Various circumstances may prevent
or delay availability, including telecommunications and/or
server problems. Debbie Jensen Design Services may
at any time discontinue the Web Site in whole or in part,
may change or eliminate any transmission method, and may
change transmission speeds or other signal characteristics.
Debbie Jensen Design Services shall not be
responsible for any loss, cost, damage or liability that may
result from any of the circumstances, actions or inactions
described in this paragraph.
3. Registration, Password,
User Identity
(a) Your User Identity.
When you register as a Client, you will create a user
identity (your "User Identity"), which will be your identity
for purposes of interacting with other users through the Web
Site. Your User Identity will include certain personal
information, such as, the industry in which you operate.
However, your user name need not be your real name. During
the registration process, the fields requesting information
that will be made available to others as part of your User
Identity are identified. You are responsible for ensuring
that you are comfortable making such information available
to other Web Site users.
(b) Access Numbers,
Passwords, and Password Access. You shall keep confidential,
shall not disseminate, and shall use solely in accordance
with these Terms and Conditions, your User Identity,
registration identification and password for the Web Site.
You shall immediately notify Debbie Jensen Design
Services if you learn of or suspect: (i) any loss or theft
of your User Identity, registration identification or
password, or (ii) any unauthorized use of your registration
identification or password or of the Web Site. In the event
of such loss, theft, or unauthorized use, Debbie Jensen
Design Services may impose on you, at Debbie Jensen Design Services sole discretion, additional security
obligations.
(c) Security Breaches and
Revision. If any unauthorized person obtains access to the
Web Site as a result of any act or omission by you, you
shall use your best efforts to ascertain the source and
manner of acquisition and shall fully and promptly inform
Debbie Jensen Design Services. You shall otherwise
cooperate and assist in any investigation relating to any
such unauthorized access.
4. Ownership; Rights to
Use
(a) Web Site and Service
Generally. Except as expressly contemplated under these
Terms and Conditions, as between Debbie Jensen Design Services and you,
Debbie Jensen Design
Services will own all right, title and interest in and to
all copyright, trademark, service mark, patent, trade secret
or other intellectual property and proprietary rights in and
to the Web Site and Service, in all media now known or later
devised, to the fullest extent provided under United States
and international law. You shall not remove, conceal or
alter any copyright notice, byline information, disclaimer,
restriction or other notice on the Web Site or any portion
thereof. You shall not use or permit any third party to use
the name, trademarks, trade names, or trade dress of Debbie
Jensen Design Services, without the prior written
consent of Debbie Jensen Design Services, as
determined in its sole discretion, for each such use.
(b) Information and
Responses. Upon submission of your information or Response
or any other information or media provided by you in
connection with your use of the Service (collectively, the
"Client Information"), Debbie Jensen Design Services
and its agents shall have all rights and licenses necessary
to use such Client Information for the purpose of obtaining
Responses and for archival purposes. Each Member to whom
your project is made available has the right to review and
display the relevant information for purposes of preparing a
Response.
(c) Rights of Debbie Jensen Design Services Upon your submission of
Client Information to the Service, you grant Debbie Jensen
Design Services and its agents a royalty-free,
perpetual, irrevocable, sublicenseable, exclusive, worldwide
right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the
public, perform and display (in whole or in part), and/or
incorporate in other works, in any form, media, or
technology now known or later developed, such Client
Information, for the full term of any intellectual property
rights that may exist in such Client Information to the
extent necessary to provide you with the Service and
Responses.
(d) Rights of Clients.
Subject to your compliance with these Terms and Conditions,
you shall own the final the Response composition provided to
you by Debbie Jensen Design Services (the "Final
Product"). You shall not, however, own any materials, media
or other content generated during any revision cycles
leading up to the Final Product, and Debbie Jensen Design Services expressly reserves all right, title and
interest in and to the same. You acknowledge and hereby
grant to Debbie Jensen Design Services a
royalty-free, irrevocable exclusive worldwide right to use
Creative and Revisions, individual Responses provided to
you, and Final Product for internal and archival purposes,
and in order to display and promote the Debbie Jensen Design Services.
Debbie Jensen Design Services
retains the rights to all artwork concepts and other content
not selected by you. You acknowledge that your ownership
rights under these Terms and Conditions are limited to the
Final Product, and that no trademarks or service marks in or
to any Final Product are being conveyed under these Terms
and Conditions.
5. Nondisclosure and
Privacy
Debbie Jensen Design Services intends to use commercially reasonable
efforts to follow its privacy policy, as such privacy policy
may be changed from time to time at Debbie Jensen Design Services' sole discretion. Notwithstanding the
foregoing, Debbie Jensen Design Services cannot and
does not assume any responsibility or liability for any
information submitted to the Web Site or for the use or
misuse of any information submitted by you or any other
person, including, without limitation, any information
accessed by a hacker or by any other malicious act.
6. Disclaimers;
Indemnification; Limitations of Liability
(a) Responsibility for
Content. Debbie Jensen Design Services shall not be
responsible for any use that is or is not made of the Web
Site or the Service. Without limiting the foregoing, Debbie
Jensen Design Services makes no representations,
warranties or covenants regarding, and does not guarantee,
the truthfulness, accuracy, or reliability of any
information or other material that are communicated through,
or posted to, the Service, whether by Members, Clients,
Debbie Jensen Design Services or otherwise, nor does
Debbie Jensen Design Services endorse any opinions
expressed by any user of the Web Site, including any Member
or Client. Without limiting the foregoing, Debbie Jensen
Design Services makes no representations, warranties
or covenants regarding the validity of the rights to
Responses granted pursuant to these Terms and Conditions.
You acknowledge that any reliance on information or other
material, including, without limitation, any information
related to a particular Package or your project, Response or
User Identity, communicated through the Service, or posted
to the Web Site, will be at your own risk. Without limiting
the foregoing, you agree and acknowledge that you use each
Response at your own risk and that you are responsible for
taking any actions you deem reasonable to determine whether
your use of a Response will infringe any statutory or
third-party intellectual property, privacy or publicity
rights.
(b) Links to Third-Party
Services. The Web Site may contain links to third-party web
sites or other services (the "Linked Content"). The Linked
Content is not under the control of Debbie Jensen Design Services and
Debbie Jensen Design Services
is not responsible for the Linked Content, including,
without limitation, links contained in the Linked Content,
or any changes or updates to Linked Content. Debbie Jensen
Design Services is providing Linked Content to you
only as a convenience, and the inclusion of such Linked
Content is not an endorsement by Debbie Jensen Design Services of such Linked Content. If you decide to
access any Linked Content, you do so at your own risk.
(c) Disclaimer of
Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS
IS." Debbie Jensen Design Services MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR
ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE,
INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT
OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY
THROUGH THE WEB SITE, INCLUDING ANY RESPONSE, USER IDENTITY
OR LINKED CONTENT. Debbie Jensen Design Services
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND
ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
Debbie Jensen Design Services DISCLAIMS, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii)
WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY
INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii)
WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR
OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv)
WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE
WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO
PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY
Debbie Jensen Design Services OR ANY THIRD PARTY.
FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL
MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS
OF ANY OTHER PERSON.
(d) Release from Claims.
The Service serves solely as a venue for the creation of
work and Debbie Jensen Design Services does not
regularly screen or censor any information or material
posted to the Web Site. Although Debbie Jensen Design Services makes commercially reasonable efforts to
determine the identity of Clients, Debbie Jensen Design Services cannot and does not confirm that any
Client or other user is who they claim to be or that any
Client or other user has the qualifications he or she claims
to have. Because Debbie Jensen Design Services does
not and cannot be involved in user-to-user dealings or
control the behavior of participants on the Web Site, if you
have a dispute with one or more users, you hereby release
Debbie Jensen Design Services (and our affiliates,
agents and employees) from claims, demands and damages
(actual and consequential, direct and indirect) of every
kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in
any way connected with such disputes. If you are a
California resident, you waive California Civil Code section
1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if
known by him must have materially affected his settlement
with the debtor."
(e) Indemnification. You
hereby agree to defend, indemnify and hold harmless Debbie
Jensen Design Services and its subsidiaries,
affiliates, officers, agents, co-branders or other partners
and employees from any action, claim, demand, or liability
arising from or relating to your violation of any of these
Terms and Conditions or use of the Web Site, and any
expenses incurred in connection therewith, including,
without limitation, reasonable attorneys' fees.
(f) Limitation of Damages.
IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE
TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING
UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY
PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER
CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA,
BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT
RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE,
DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF Debbie
Jensen Design Services OR ANY THIRD PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Debbie
Jensen Design Services' TOTAL LIABILITY FOR DAMAGES
SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Debbie
Jensen Design Services FOR YOUR PACKAGE UNDER THESE
TERMS AND CONDITIONS.
7. Communication
By using the Debbie Jensen
Design Services Service, you agree to
receive, via email or otherwise, status notifications, a
monthly newsletter, and carefully selected special offers
and promotions for certain products and services that we
believe could be of value to our Clients. This is essential
to maintaining the low-cost of our services. You are free to
unsubscribe from any newsletters we send to you at any time.
Debbie Jensen Design Services may or may not use a
third party to send email or otherwise contact you, however,
your personal identifying information will never be
disclosed or shared with another party in a manner
inconsistent with Debbie Jensen Design Services'
privacy policy.
8. Miscellaneous
Provisions
(a) Entire Agreement.
These Terms and Conditions set forth the entire agreement
and understanding of the parties with respect to the subject
matter hereof and supersede any and all prior oral or
written agreements and understandings, and any and all
contemporaneous oral agreements and understandings
(excluding any associated agreements required by Debbie
Jensen Design Services (e.g., privacy policy) as a
condition precedent to Clients' use of the Service), between
you and Debbie Jensen Design Services regarding the
subject matter of these Terms and Conditions.
(b) Amendment. No
modification, amendment, or waiver of these Terms and
Conditions or any part hereof shall be binding unless
evidenced in writing and signed by Debbie Jensen Design Services.
(c) Severability. If any
provision of these Terms and Conditions is held by a court
of competent jurisdiction to be invalid, void, or
unenforceable, then such provision shall be deemed null and
void, but the remaining provisions shall continue in full
force without being impaired or invalidated in any way.
(d) Mutual Participation.
The language of these Terms and Conditions shall be deemed
to be the language mutually chosen by the parties and no
rule of strict construction shall be applied against or in
favor of either party hereto.
(e) Headings. The section
headings and other headings contained herein shall not
affect the meaning or interpretation of these Terms and
Conditions.
(f) Choice of Law; Forum.
These Terms and Conditions shall be governed by the
substantive law of the State of California, without
reference to any choice of law rules that would result in
the application of the substantive law of any other
jurisdiction. The parties agree that any disputes arising
out of or relating to these Terms and Conditions shall be
submitted to the federal courts having jurisdiction in Los
Angeles, California, or state courts having jurisdiction in
the area in which such federal courts have jurisdiction, and
the parties consent to the personal jurisdiction of such
courts with respect to such disputes.
(g) Assignment. You may
not assign or otherwise transfer (by operation of law or
otherwise) any of your rights or duties hereunder unless
Debbie Jensen Design Services agrees in writing
after receiving prior written notice. Any attempted
assignment or other transfer without the requisite consent
shall be null and void ab initio. Debbie Jensen Design Services may assign or otherwise transfer any of
its rights or the performance of any of its duties without
your consent.
(h) Waiver. The waiver by
Debbie Jensen Design Services of a breach or a
violation of any provision of these Terms and Conditions
shall not operate as or be construed to be a waiver of any
subsequent breach or violation of any provision of these
Terms and Conditions.
(i) Independent
Contractors. The parties and their respective personnel are
and shall be independent contracts and neither party by
virtue of these Terms and Conditions shall have any right,
power or authority to act or create any obligation, express
or implied, on behalf of the other party.
(j) Force Majeure. If the
performance of any part of these Terms and Conditions by
either party is prevented, hindered, delayed or otherwise
made impracticable by reason of any flood, riot, fire,
judicial or governmental action, labor disputes, act of God
or any other causes beyond the control of either party, that
party shall be excused from such to the extent that such
performance is prevented, hindered or delayed by such
causes.
(k) Capacity. The parties
hereby warrant and represent that they have all necessary
rights and authority to execute these Terms and Conditions
and to fulfill their obligations hereunder.
(l) Further Assurances.
The parties hereto shall, at their own cost and expenses,
execute and deliver such other documents, artwork,
programming code and instruments and shall take such other
action as may reasonably be required or appropriate to
evidence or carry out the intent and purposes of these Terms
and Conditions.
We respect your privacy.
