Terms and Conditions - BIG W MARKETING & PUBLISHING LLC

BIG W MARKETING & PUBLISHING LLC
________________________________________________________________
FLAGLER  -  VOLUSIA -   ST JOHNS
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PRIVACY POLICY

Last Updated: 12/3/2017

What information we collect?
We don't collect your information on this website.

What do we use your information for?
Nothing, because we don't collect it.

How do we protect your information?
We don't collect your information.

We do not sell, trade or otherwise transfer to outside parties your personal information,
because we do not collect your information.

Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not information collected offline.

Terms and Conditions
Please read the Terms and Conditions below.

Your Consent
By using our site, you consent to our Privacy Policy.  If we decide to change our privacy policy, we will post those changes on this page.  This policy was last modified on 12/3/2017.

Contact Us
If there are any questions regarding this privacy policy, you may contact us by email at:  [email protected]


 
COOKIES
 
 
What are cookies?
 
 
Cookies are small pieces of text sent by your web browser by a website you visit.  A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
 

 
Some cookies are considered strictly necessary (they include):
 
 
          Cookies to remember items in a shopping basket
 
          Cookies providing essential security measures
 
          Cookies used for quick loading and distribution of content

 
 
This website does not use first party cookies.

 
 
No first party cookies are used on this site.

 
 
Third Party Cookies that may be used:

 
 
·         Cookie(s) by “Cloudflare” that is strictly necessary for security and the provision of  SSL (secured sockets layer).  Cloudflare has published the following regarding the cookie used on this website:

 
 
“The __cfduid cookie is used to identify individual clients behind a shared IP address and apply security settings on a per-client basis. For example, if the visitor is in a coffee shop where there are a bunch of infected machines, but the specific visitor's machine is trusted (e.g. because they've completed a challenge within your Challenge Passage period), the cookie allows us to identify that client and not challenge them again. It does not correspond to any user ID in your web application, and does store any personally identifiable information.
 
 
Because Cloudflare uses this cookie to identify both HTTP and HTTPS requests from known clients, we do not set the "secure" flag on it. This is not a risk, however: as mentioned above the cookie does not contain sensitive data.
 
 
This cookie is strictly necessary for Cloudflare's security features and cannot be turned off.”

 
 
 
·         NID cookie(s) by Google are strictly necessary for quick loading and distribution of content.  Google has published the following regarding this type of cookie:

 
 
“Most Google users will have a preferences cookie called ‘NID’ in their browsers. A browser sends this cookie with requests to Google’s sites. The NID cookie contains a unique ID Google uses to remember your preferences and other information, such as your preferred language (e.g. English), how many search results you wish to have shown per page (e.g. 10 or 20), and whether or not you wish to have Google’s SafeSearch filter turned on.”



TERMS AND CONDITIONS
FOR WEBSITE USERS

Last Updated:  12/3/2017

Please read these Terms and Conditions carefully before using this website.  This website is operated by Big W Marketing & Publishing LLC ("Publisher") and is for informational purposes only.
 
Your use of this website is conditioned on your acceptance of and compliance and compliance with these terms.  These terms apply to all visitors, users and others who access this website.

Publisher makes no representations about the availability of the website and no guarantee or warranty that the information provided on this website is accurate, complete or suitable for any purpose.  User shall indemnify and hold Publisher harmless for any damages, liabilities, costs, losses, expenses or attorney fees arising from any claim, demand or action by User or a third party due to the information contained on the website.

The Site and its original content, features, and functionality are owned by Big W Marketing & Publishing LLC, and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.


TERMS AND CONDITIONS
FOR WEBSITE DESIGN/ADVERTISING CLIENTS

Last Updated: 12/3/2017

Agreement for web design and/or advertising services ("Agreement"):
The Terms and Conditions set forth herein, are legally binding, and shall apply to each and every written Agreement with Designer, for website design, advertising or other service ("Deliverables").  Should the terms of a written Agreement, provided by Designer, conflict with the terms stated in these terms and conditions, the terms of the written agreement shall prevail, so long as the written Agreement has been accepted by Client prior to its expiration.

Changes:
The options and pricing shown on this website, for website design by Big W Marketing & Publishing LLC ("Designer") is subject to change without notice.  However, if you have an Agreement for design, prior to any changes being made, the terms of the Agreement will override any changes made after the date of the Agreement.

Copyright Usage:
The rights granted to Client are for the usage of the Final Design in its original form only. Nonexclusive license to use, unlimited duration, worldwide, this website only, client may not modify.

 
Reservation of Rights:
All rights not expressly granted herein, or by written Agreement, are retained by the Designer, including any electronic rights or usage, and including, but not limited to, all rights in sketches, comps or other preliminary materials. Any use additional to that expressly granted herein or by written Agreement, requires arrangement for payment of a separate fee.

Revisions:
Revisions may be made only by the Designer at the Preliminary Design phase. Additional fees will be charged for revisions made after  preliminary design revisions, and for additions to project scope, unless otherwise agreed to in writing by Client and Designer.

 
Payments:
Client agrees to pay Designer the fees listed in a written Agreement.  Setup Fee indicated on written Agreement for website design, is due on demand, prior to commencement of design.  The Setup Fee is also the payment for the first month of the initial 12 month term.  The initial 12 month period begins on the day the website is published. Monthly Payments are due on the 1st day of each calendar month for the eleven month period following setup month, or as provided for in the written Agreement.  If the monthly payment is more than 5 days late, the website will be suspended and a $50 reinstatement fee will be charged and must be paid in addition to the monthly payment, prior to the website being reinstated.  If the monthly payment is more than 60 days late, the website will be permanently suspended and a new setup fee will be required in order to publish the website.  If the website is suspended and there is 2 or more monthly payments remaining in the current 12 month term, Designer may retain control and take ownership of the domain name. These late fees can be negotiated, but proof of the negotiation, in the form of an email from an authorized representative of the Designer, from an email address that ends with "@gobigw.com", is required for Client to prove the terms of any negotiation.

Payment and terms for logo design, advertising or other services will be determined by the language contained in a written Agreement.

Term of Agreement:
Written Agreements for website design are for a minimum of 12 months. After the initial 12 month period, Client may choose to terminate the Agreement.  Upon payment by Client and acceptance of payment by Designer, for the month following the initial 12 months, the Agreement shall automatically extend for an additional 12 month period during  which regular monthly payments are due on the first day of each month, while all other terms and conditions remain the same.  The automatic renewals for 12 month periods shall continue in perpetuity, unless and until either party notifies the other party of the desire to terminate the Agreement,  30 days prior to the end of the initial 12 month period or current renewal 12 month period.  Designer may terminate the Agreement, without notice, upon discovery that the Client is using the website to or in conjunction with any other device or scheme to violate and statute, law, ordinance or rule of any jurisdiction.

Preliminary Works:
Designer retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Designer within thirty (30) days of completion of the project and all rights in and to any Preliminary Works shall remain the exclusive property of Designer.

Permissions and Releases:
The Client agrees to indemnify and hold the Designer harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Work at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.

ACCREDITATION AND PROMOTION:
Designer shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Designer in the Deliverables on each page of the Final Deliverables. Designer retains the right to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

CONFIDENTIAL INFORMATION:
All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

RELATIONSHIP OF THE PARTIES:
Designer is an independent contractor. Designer shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

REPRESENTATIONS AND WARRANTIES:
Client represents and warrants to Designer that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Designer represents and warranty to Client that to the best of Designer’s knowledge, the Deliverables will not violate the rights of any third parties.

EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

INDEMNIFICATION AND LIABILITY:
Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.

THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

LICENSE:
Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only. Client may not change, create derivative works or extract portions of the Final Deliverables.

ALTERATIONS:
Alteration of any Deliverable is prohibited without the express permission of Designer. Designer will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.

MISCELLANEOUS:
Client shall use all reasonable efforts to provide needed information, materials and approvals.

The written Agreement and the terms and conditions set forth herein, shall be binding upon the parties, their heirs, successors, assigns, and personal representatives.

A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.  All notices under this Agreement shall be given in writing either by Email.   Notice will be effective when received.  

Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.


This Agreement shall be governed by the laws of the State of Florida and any legal action shall take place in the Courts of Volusia County, which shall have exclusive jurisdiction and venue.  If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect.






Big W Marketing & Publishing LLC


Sarah
386-624-1082

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