exclude any of our or your liabilities that may not be excluded under applicable law.<\/li>\n<\/ol>\nThe limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a)
\nare subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or
\nin relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort
\n(including negligence) and for breach of statutory duty.<\/p>\n
To the extent that the website and the information and services on the website are provided free of charge,\u00a0we will not be liable for any loss or damage of any nature.<\/p>\n
Others<\/h2>\n
\u2022 Once project fee is paid in full to Company any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to Client for inclusion in website are owned by Client.
\n\u2022 Company assumes Client has permission from the rightful owner to use any images or design elements that are provided by Client for inclusion in the website, and will hold harmless, protect, and defend Company from any claim or suit arising from the use of such elements.
\n\u2022 Company retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects. Company also retains the right to place a discreet text link at the bottom of the website page(s).
\n\u2022 The agreement contained in this contract constitutes the sole agreement between Client and the Company regarding all items included in this agreement.<\/p>\n
Conflict of Interest or Contract Disputes. \u00a0<\/strong>Parties herein acknowledge that in the event of a dispute or disagreement.\u00a0 Parties and Contract stipulations will be subject to Court Appointed Arbitration and under State of Florida laws.\u00a0 The results of said Arbitration as directed in the Court of the County of Miami-Dade Magistrate offices will be final and without recourse.<\/p>\nCompliance with Laws<\/strong>. Parties herein agree to comply with all applicable local, state, and federal laws, regulations and binding agreements as herein stipulated.<\/p>\nContractor\u2019s Qualifications and Performance<\/strong>. \u00a0\u00a0In accordance with the terms and conditions of this Contract, the\u00a0Company<\/strong>\u00a0represents that it is qualified to perform the services set forth herein and has obtained all requisite licenses and permits to perform the services. In addition,\u00a0The Company<\/strong>\u00a0agrees that the services provided here-under shall conform to the professional standards of care and practice customarily expected of firms engaged in performing comparable work; that the personnel furnishing said services shall be qualified and competent to perform adequately the services assigned to them; and that the recommendations, guidance, and performance of such personnel shall reflect such standards of professional knowledge and judgment.<\/p>\nObligations in Event of Termination:<\/strong><\/p>\n\n- Upon termination of this Contract, all finished or unfinished documents, data, Mobile APP, Mobile App code, and reports prepared by the\u00a0Company<\/strong>\u00a0pursuant to this agreement, shall remain the property of the\u00a0Company<\/strong>.<\/li>\n
- Upon termination of this agreement with or without cause, the USER shall promptly pay the\u00a0Company<\/strong>\u00a0for all services performed to the effective date of termination.<\/li>\n<\/ol>\n
Title, Ownership. \u00a0<\/strong>Unless provided otherwise by law or The\u00a0Company<\/strong>, title and possession of all data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Company shall vest with the\u00a0Company<\/strong>\u00a0at the termination of the Contract.<\/p>\nConfidentiality\/Privacy. \u00a0\u00a0<\/strong>The\u00a0PARTIES<\/strong>\u00a0shall comply with all applicable state and federal laws and regulations relating to confidentiality and privacy. In addition, in the performance of this Contract, the Contractor may acquire or have access to \u201cpersonal data\u201d and become a \u201cholder\u201d of such personal data (as defined in Florida State Statues) or personal. Personal data and personal information shall be deemed to be \u201cPersonal Information.\u201d\u00a0PARTIES<\/strong>\u00a0shall implement feasible safeguards to restrict access and ensure the security, confidentiality and integrity of all Personal Information owned, controlled, stored, or maintained by Company and provided to or accessed by Contractor in the performance of services irrespective of the medium in which it is held. The Contractor agrees that it shall inform each of its employees, servants or agents, having involvement with Personal Information of the laws and regulations relating to confidentiality and privacy.<\/p>\nThe contractor or any agents thereof shall in not in any manner release, sell or manipulate any personal information acquired directly or indirectly to any party or entity for profit or otherwise.<\/p>\n
Severability. \u00a0\u00a0<\/strong>If any provision of this Contract is declared or found to be illegal, unenforceable, or void, then both Parties shall be relieved of all obligations under that provision. The remainder of the Contract shall be enforced to the fullest extent permitted by law.<\/p>\nChoice of Law. \u00a0\u00a0<\/strong>This Contract is entered into in the State of Florida in the County of Dade, and the laws, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to this Contract and all of the transactions it contemplates, including, without limitation, its validity, interpretation, construction, performance and enforcement.<\/p>\nForum Selection. \u00a0\u00a0<\/strong>Parties agree to bring any action arising out of or relating to this Contract or the relationship between the Parties in the state courts of the State of Florida in the County of Dade which shall have exclusive jurisdiction thereof through Court appointed Arbitration. The parties expressly consents to the jurisdiction of the State of Florida in the County of Dade Arbitration in any action brought by either Party arising out of or relating to this Contract or the relationship between the Parties, as final and waiving any claim or defense that such forum is not convenient or proper. This paragraph shall not be construed to limit any other legal rights of the Parties.<\/p>\nIndemnification of Company. \u00a0\u00a0<\/strong>The USER shall defend, indemnify, and hold harmless the\u00a0Company<\/strong>, its Trustees, Officers, servants, and employees from and against any and all claims, liability, losses, third party claims, damages, costs, or expenses (including attorneys\u2019 and experts\u2019 fees) arising out of or resulting from the performance of the services performed or offered of product made through the Mobile APP by USER to its customers, clients or constituents.\u00a0 The extent of this Contract of indemnification shall not be limited by any obligation or any term or condition of any insurance policy. The obligations set forth above shall survive the expiration or termination of this Contract.<\/p>\nEntire Agreement.\u00a0<\/strong>The Parties understand and agree that this Contract and its attachments or amendments (if any) constitute the entire understanding between the Parties and supersede all other verbal and written agreements and negotiations by the Parties relating to the services under this Contract.<\/p>\nNotice.\u00a0<\/strong>Unless otherwise specified, any notice hereunder shall be in writing addressed to the persons and addresses indicated below (Name, postal address, phone, email address)<\/p>\nLast update: October 18, 2018<\/p>\n","protected":false},"excerpt":{"rendered":"
Welcome to Creights These terms and conditions outline the rules and regulations for the use of Creights’s Website. By accessing this website we assume you accept these terms and conditions …<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1449","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/pages\/1449","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/comments?post=1449"}],"version-history":[{"count":3,"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/pages\/1449\/revisions"}],"predecessor-version":[{"id":1458,"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/pages\/1449\/revisions\/1458"}],"wp:attachment":[{"href":"https:\/\/creights.com\/web\/wp-json\/wp\/v2\/media?parent=1449"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}