All text, graphics, information and materials, as well as the selection and arrangement thereof, on the Site is protected under copyright © 2006 Ve-design, Inc. This Site is owned by and/or licensed to Ve-design and is protected under copyright laws. Direct and indirect damages, including without limitation statutory damages for copyright infringement, will be awarded in favor of Ve-design for any violation of the restrictions in this Agreement. Ve-design and all page headers, custom graphics and button icons on the Site are trademarks, service marks and/or trade dress of Ve-design and/or its licensors. All other trademarks, product names and company names or logos cited on the Site are property of their respective owners. ALL RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY. No portion of this Web site or the Web site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Ve-design, Inc.
DISPUTES
The validity, construction and performance of the Term of Use of this Web site and the legal relations between you and Ve-design shall be governed by and construed in accordance with the laws of the State of New York, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied.
Any dispute between you and Ve-design arising out of or relating in any way to your access or use of this Web site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party's written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator.
Any dispute between you and Ve-design described in the previous paragraph shall be brought before an alternative dispute resolution body within 50 miles of Ve-design's corporate headquarters as of the date of the initiating party's written request for negotiation. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Further, any judgment on the award rendered by the arbitrator may be entered only in a court within 50 miles of Ve-design's corporate headquarters as of the date the award is rendered by the arbitrator. You agree that any such court shall have personal jurisdiction over you for purposes of any such judgment.
You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Ve-design.
WARRANTY DISCLAIMER
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, AND VE-DESIGN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
VE-DESIGN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE,
OR ERROR FREE; NOR DOES VE-DESIGN MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY IN ACTION OBTAINED THROUGH THE SERVICE, INCLUDING,
WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEB SITES OF THIRD PARTIES
OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED
OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS
OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
