TheWebExpress.Ca Web Template User Agreement

Your use of this website means you agree to the following terms of use (the "User Agreement"). If you do not agree with these terms you should leave this website (the "Site") immediately, not use the files herein, and/or not subscribe to this service.

This Site is owned and operated by JAZ Marketing & Design Inc. All of the art on this site (and in the templates) is owned and copyrighted by JAZ Marketing & Design Inc. Any Content downloaded by you from this Site, including, without limitation, any web images, page templates, and images incorporated in or generated by the templates (collectively, the "Content") is licensed to you by JAZ Marketing & Design Inc. Downloading the Content does not transfer title to the Content, or any intellectual property rights therein, to you. You may not redistribute or sell the content. It is illegal to duplicate, download or distribute any Content from this Site except for your use, and you are subject to the Usage Guidelines. The design or layout of this website and all template sites contained herein is protected by Canadian and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part.

Usage Guidelines

You are permitted to use the Content, as long as all of the following conditions are met:

1. The images are incorporated for viewing purposes only.
2. Your web pages do not give permission to download and save the images for any reason.
3. The application is not a product which is similar to or competes with any of the features of TheWebExpress.Ca or JAZ Marketing & Design Inc.

You are not permitted to:
1. Redistribute the Content as stock web art or templates.
2. Create obscene or scandalous works, as defined by any laws applicable in your local jurisdiction at the time the work is created, using the Content or any modification of the Content.

Access and Services

We will charge you a one-time setup fee upon ordering plus a monthly fee for WebExpress.Ca hosting. Sites must be hosted for a minimum of 1 year. We may add, change or discontinue certain access levels or services on our system from time to time, and we will try to let you know about such changes a month or more in advance. We may send you e-mail announcements about our own products and services, and you agree that we may do so. Your account is for your use only. You agree not to give your password to anyone else, or allow another person to use your account. You agree to be responsible for all uses of your account for any purposes. Protect your password! You agree that we have the right to delete your account, files and/or other information you have on our system if your WebExpress.Ca account is terminated, for any reason, by either you or by us.

Payments and Refunds

The price of the monthly service will depend on the package chosen at the time of sale. We do not provide refunds; if you cancel, we will not refund the unused portion of your subscription. Service are automatically renewed on the first of every month; you will receive an e-mail notice informing you your credit card on file has been charged. We can change the rates and otherwise modify these Terms and Conditions at any time. Changes are effective once notification is sent to the subscriber.

Acceptable Use Policy

TheWebExpress.Ca templates may only be used for lawful purposes. Transmission of any material in violation of any Canadian or Province regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. You agree to indemnify and hold harmless TheWebExpress.Ca and JAZ Marketing & Design Inc from any claims resulting from your use of the service which damages you or another party. Any attempt to access or modify computer system or server information or to interfere with normal system operations, whether on the equipment of TheWebExpress.Ca or JAZ Marketing & Design Inc or of any computer system or network that is accessed via the WebExpress.Ca and JAZ Marketing & Design Inc communications service, will result in the immediate termination of your account. These unauthorized activities include, but are not limited to: guessing at or using passwords other than your own, accessing information that doesn't have public access permissions, and accessing any computer system on which you or the public are not welcome. Don't abuse your account privileges. You agree not to tell others your password or let your account be used by anyone except yourself. You agree not to attempt to log in more than once at the same time on any given account without specific permission of a system administrator.

Limitation of Liability and Indemnity

You agree that your use of this system is at your sole risk. You agree that we will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with our system or any of the data or other materials transmitted through or residing on our system, even if we have been advised of the possibility of such damage or loss. In addition, you agree to defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with our system leading wholly or partially to claims against us or our system by other customers or third parties.

Choice of Law

TheWebExpress.Ca and JAZ Marketing & Design Inc can be reached by individuals from Canada, and around the world. Each of these places has a different set of laws. Since we cannot keep track of all these laws and their requirements, you agree that the law of our own province, Ontario, will apply to all matters relating to this Agreement and to TheWebExpress.Ca and JAZ Marketing & Design Inc. In addition, you agree and consent that if you ever take legal action against us, the courts of our own province, Ontario, will have exclusive jurisdiction over any such legal actions. The following legal language makes this agreement binding:

THIS AGREEMENT SHALL FOR ALL PURPOSES BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO. THE PARTIES HEREBY AGREE THAT ANY ACTION ARISING OUT OF THIS AGREEMENT MAY BE LITIGATED UNDER THE LAWS OF ONTARIO, AND HEREBY AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO, AND THAT SERVICE OF PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, SHALL BE SUFFICIENT TO CONFER IN PERSONAM JURISDICTION OVER THE PARTIES HERETO. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

General

This agreement is the entire understanding between you and us regarding your relationship to TheWebExpress.Ca and JAZ Marketing & Design Inc. If either you or we fail to notify the other of any violations of this agreement, this will not mean that you or we cannot notify the other of future violations of any part of this agreement.