Welcome to Curz Web Design. This Member Agreement (the "Agreement") explains the terms and conditions governing your use of the Curz Web Design Service, technology, and any other content available on the Curz Web Design Service. By checking the box, you accept these terms and conditions and acknowledge that the Curz Web Design Service is subject to certain limitations set forth below.
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Curz Web Design
Terms Of Service
Welcome to Curz Web Design. This Member Agreement (the "Agreement") explains the terms and conditions governing your use of the Curz Web Design Service, technology, and any other content available on the Curz Web Design Service. By checking the box, you accept these terms and conditions and acknowledge that the Curz Web Design Service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By accepting this agreement and purchasing an Curz Web Design Service, you agree to use the Curz Web Design Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
(a) Purchasing of an Curz Web Design Service provides registered members (each a "Member") with the package of content, tools, and services as described here (individually and collectively "Curz Web Design Service(s)"):
Curz Web Design Professional
Curz Web Design Premium
Curz Web Design E-Commerce
(b) Curz Web Design Services and Technology: You will be able to use the proprietary and licensed technology incorporated in the Curz Web Design Service to build and maintain your web site ("Member Site") ("Technology"). Curz Web Design may offer other tools and services that are not included in any Curz Web Design Service, including premium services for which an additional fee will apply ("Curz Web Design Solutions (SM)"). Before any purchase of any additional Curz Web Design Solution, you must have already purchased an Curz Web Design Service.
2. Payment Terms
(a) You have unlimited access to your Curz Web Design Member Center from the day you register and pay for an Curz Web Design Service.
(b) Curz Web Design reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4.
(c) For access to and use of any Curz Web Design Solution, you agree to pay all fees and charges specified in the fee schedule available in the Solutions Center. Curz Web Design asks that you provide us with your credit card information for payment; all charges you incur for use of the Curz Web Design Service will be charged to the credit card number you provide. If Curz Web Design does not receive payment from the card issuer, you agree to pay Curz Web Design all amounts due upon demand. Curz Web Design may take commercially reasonable actions to validate your credit card. You understand that if Curz Web Design does not receive timely payment of all amounts due for any Solution you purchase, your use of any Curz Web Design Solution and of the Curz Web Design Service may be severely restricted or terminated, at Curz Web Design's sole discretion. This includes any Information you provide to Curz Web Design while using any Solution.
(d) You agree to notify Curz Web Design immediately if you suspect unauthorized use of the Curz Web Design Service, your credit card, or your password. Under the Fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50 of fraudulent charges. Subject to the following, if your credit card provider holds you liable for any of this $50, Curz Web Design will cover your entire liability up to the full $50. Curz Web Design will cover this liability only if the unauthorized use of your credit card is solely a result of a negligent act or omission by Curz Web Design, and only for purchases made at Curz Web Design while using the secure server. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
(e) You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the Curz Web Design Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
Restrictions and Description of Prohibited Acts
3. Restrictions and Description of Prohibited Acts
a) You may not use any Curz Web Design Service or Curz Web Design Solution, the selection of a web address for your Member Site, the Technology, or the Member Site to, including, but not limited to:
(i) display material containing pornographic material of any kind;
(ii) provide material that is grossly offensive to the Curz Web Design online community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
(iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received;
(iv) access illegally or without authorization any computers, accounts, or networks of Curz Web Design or any Curz Web Design Member, or attempt to penetrate Curz Web Design's security measures ("hacking"), or conduct a port scan, stealth scan, or other information-gathering activity the intent of which is to gather information to be used to attempt a system penetration; or upload to Curz Web Design, send through Curz Web Design, or have Curz Web Design host or distribute any Internet viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks; or disrupt the use of or interfere with the ability of others to effectively use a Curz Web Design Service or any connected network, system, service, or equipment;
(v) display material that exploits, or otherwise exploit, children under 18 years of age;
(vi) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
(vii) promote, solicit, or participate in pyramid schemes;
(viii) post any content that holds Curz Web Design up to public scorn or ridicule;
(ix) engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents' consent, in case of a minor); and/or
(xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.
(b) You agree that without the express consent of Curz Web Design (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on the Member Site you create: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the Curz Web Design Service, Technology, or Member Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless Curz Web Design offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Curz Web Design Service, Curz Web Design Solution, or any Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using a Curz Web Design Service, Curz Web Design Solution, or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.
4. Changes to the Terms and Conditions
Curz Web Design may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, Curz Web Design will also give reasonable notice before any modification of the then-current Curz Web Design Service that could change your Member Site. Curz Web Design will announce changes to our fees and charges by posting them in the Home section of our service. Curz Web Design may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the Curz Web Design Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the Curz Web Design Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the Curz Web Design Service, and its fee schedule.
Curz Web Design relies on the ongoing support of its sponsors and advertisers to help fund the services it offers its Members. Accordingly, Curz Web Design reserves the right to serve ads, as it deems appropriate on and alongside the Curz Web Design Service where Members will administer their Member Site.
Curz Web Design will however, serve advertisement solely in the Curz Web Design Starter, and not in the Professional, Premium, or E-Commerce Services.
6. Information About You and Your Business
(b) In order to protect you, Curz Web Design uses state-of-the-art technology to protect your data from unauthorized third parties. Currently Curz Web Design uses Secure Sockets Layer (SSL) software to protect your data and secure your transactions. SSL encrypts all your personal information, including your credit card number, name, and address, as it is transmitted over the Internet.
7. Curz Web Design Rights
(a) Member Site Content Changes. Curz Web Design reserves the right to make changes to Member Site upon written request by you to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by Curz Web Design at its sole discretion, to rectify the infringing content. If after such time has expired the Member Site does not conform to Curz Web Design's satisfaction, Curz Web Design may make changes to the content of Member Site to bring it to compliance with this Agreement. Member agrees not to hold Curz Web Design liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Member Site in response to Member request to do so or in response to a Member Site that breaches this Agreement. Curz Web Design's decisions are final and binding. Notwithstanding the above, Curz Web Design also reserves the right to discontinue the provision of any or all aspects of the Curz Web Design Service or any Curz Web Design Solution to any Member for any breach of this Agreement.
(b) Communications. You will receive a confirmation email from us at the time of registration. Once registered, you can set your email subscription preferences by clicking on the Your Account link in the upper right corner of the Service, then choosing the Email Subscriptions link. If you choose to receive Member communications, you may choose to change your email preferences at any time by following the instructions above. Curz Web Design reserves the right to communicate with all Members regardless of their email subscriptions in the event that important messages need to be communicated to Members, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Member Agreement.
(a) Term. This agreement shall be effective upon when you click on the Activate button and shall continue until termination by you or Curz Web Design.
(b) Termination by Curz Web Design.
(i) Curz Web Design may at any time without notice to you discontinue any or all aspects of the Curz Web Design Service or restrict your use of the Curz Web Design Service in whole or in part for any breach of this Agreement by you; or if Curz Web Design determines in its sole and exclusive judgment that terminating your use of the Curz Web Design Service is necessary for security reasons or for proper continued operation of the Curz Web Design Service; or your use of the Curz Web Design Service, Curz Web Design Solution, or Technology is not for legitimate business purposes, or your use of the Curz Web Design Service violates any laws or regulation; or if Curz Web Design receives information that the Curz Web Design Service or your use of the Curz Web Design Service (or any part thereof) may violate any third-party right.
(ii) Curz Web Design may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the Curz Web Design Service or restrict your use of the Curz Web Design Service in whole or in part for Curz Web Design's convenience.
(iii) Curz Web Design may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the Curz Web Design Service or any Curz Web Design Solution, if the credit card number you provide Curz Web Design expires, or if Curz Web Design is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to Curz Web Design hereunder.
(iv)Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If Curz Web Design terminates this Agreement or suspends your access to the Curz Web Design Service, you will remain liable for the full charge for the period during which we terminate or suspend your Curz Web Design Service. Following such termination or suspension, you agree not to reregister for or otherwise access the Curz Web Design Services without Curz Web Design's prior written approval. Curz Web Design reserves the right to delete any data files associated with your use of the Curz Web Design Service upon termination of this Agreement.
(c) Termination by You. You may terminate this Agreement anytime after the purchase of an Curz Web Design Service.
(d) You agree that no refunds will be issued on any received Set-up fees, annual or monthly payments, upon termination by you or Curz Web Design.
You agree to indemnify Curz Web Design and hold Curz Web Design harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Curz Web Design Service in a way that is prohibited or restricted under this agreement;
(ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Member Site;
(iii) any breach by you of this Agreement; and/or
(iv) any indecent, obscene, or libelous material posted on your Member Site.
10. Reporting Violations
Curz Web Design does not actively monitor the content of Member Sites but will investigate complaints of a violation of third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the Curz Web Design Policy.
11. Proprietary Rights
As between the parties, Curz Web Design acknowledges that it claims no proprietary rights in Member's Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that Curz Web Design and its licensors own all right, title, and interest in:
(a) the Curz Web Design Service or any Curz Web Design Solution;
(b) the Technology available on the Curz Web Design Service or Curz Web Design Solution;
(c) and all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained or maintained on the Curz Web Design Service or Curz Web Design Solution (collectively "Curz Web Design Content"), excluding all Member Information. In addition, you agree that the Curz Web Design Content and Technology available on the Curz Web Design Service or any Curz Web Design Solution is protected by U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this Curz Web Design Content and Technology only as expressly authorized by Curz Web Design or its licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Curz Web Design Content available on the Curz Web Design Service or Curz Web Design Solution is the exclusive property of Curz Web Design and its licensors and protected by U.S. and international copyright laws. You agree that, except as expressly authorized by Curz Web Design, all the Curz Web Design Content and Technology available on the Curz Web Design Service or Curz Web Design Solution may be used by you only for your internal business and data-gathering purposes. You may make copies of selected portions of the Curz Web Design Content, provided that such copies are made only for your internal use and only if you maintain any proprietary notices contained in such Curz Web Design Content; otherwise you may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Curz Web Design Content or Technology without expressly being authorized to do so by Curz Web Design.
12. Trademarks and Service Marks
Curz Web Design (SM), Your Website Solution (SM), Curz Web Design Solutions (SM), Curz Web Design Services (SM), Get your Curz Web Design Online Now! (SM), and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by Curz Web Design on the Curz Web Design Service or Curz Web Design Solutions to identify the products or services of Curz Web Design (collectively the "Curz Web Design Trademarks") are the trademarks of Curz Web Design. You agree not to use the Curz Web Design Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits Curz Web Design. All other brands and names (including third-party product names) used on the Curz Web Design Service are the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL Curz Web Design, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Curz Web Design SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE Curz Web Design SERVICE ("Curz Web Design AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE Curz Web Design SERVICE; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (iii) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF Curz Web Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF Curz Web Design AND THE Curz Web Design AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO Curz Web Design DURING THE TERM OF THIS AGREEMENT FOR ANY Curz Web Design SERVICE, Curz Web Design SOLUTION, OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS Curz Web Design OR ANY Curz Web Design AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND Curz Web Design'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
(a) Curz Web Design warrants that, if a member is dissatisfied in any way with the Curz Web Design Service, Curz Web Design Solution, Technology, or Curz Web Design Content provided on or through the Curz Web Design Service, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.
(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF Curz Web Design, AND Curz Web Design DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES. Curz Web Design IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(c) Curz Web Design IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE Curz Web Design NETWORK OR THROUGH ANY Curz Web Design AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.
(d) EXCEPT FOR 14(a), ALL Curz Web Design SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE Curz Web Design SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER Curz Web Design NOR Curz Web Design'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE Curz Web Design SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS THAT Curz Web Design OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND Curz Web Design AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE Curz Web Design SERVICE OR TECHNOLOGY IS ERROR-FREE. Curz Web Design AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(e) Curz Web Design DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. Curz Web Design AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE Curz Web Design SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE Curz Web Design SERVICE, Curz Web Design SOLUTION, OR TECHNOLOGY.
(g) Curz Web Design MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT Curz Web Design IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT Curz Web Design SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
(a) This Agreement shall be governed by and construed in accordance with U.S. federal and California laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of California, which are located in Los Angeles, CA. If local laws prohibit your participation in any part of the Curz Web Design Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and Curz Web Design will be settled by arbitration in Los Angeles, CA, in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the Curz Web Design Service. Curz Web Design may broadcast notices or messages through the Curz Web Design Service to inform you of changes to this Agreement, the Curz Web Design Service, or other matters of importance; such broadcasts shall constitute notice to you.
(e) Curz Web Design's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Curz Web Design in writing.
(f) Except in the event that you purchase any Curz Web Design Solution, this Agreement comprises the entire agreement between you and Curz Web Design and supersedes all prior agreements between the parties regarding the subject matter contained herein. Should you choose to purchase any Curz Web Design Solution, you will be bound by all terms and conditions relating to the provision of such Curz Web Design Solution.
(g) Your membership in the Curz Web Design Service and any of your rights hereunder may not be assigned or transferred to any third party. Curz Web Design reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.