Sapphire Falls Web Design
- Effective Date
- Using Website Content & Images
- Website Rules
- Representations & Warranties
- User Representations & Warranties
- Liability Disclaimer
- Proprietary Rights
- Claims of Copyright Infringement
- Fitness for Use
- General Terms
- Contact Information
1. Effective Date: January 24, 2017
Please read the following carefully as it governs your use of the web pages hosted by Sapphire Falls Web Designs website(s): (sapphire-falls.com, sapphirefalls.com). By accessing or using our websites, you agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use Sapphire Falls Web Design websites.
2. Using Website Content & Images
This website is accessible worldwide to anyone with Internet access. Accessing and using the Service and Site is subject to the terms and conditions of this User Agreement and Copyright Notice as well as all applicable laws and regulations, including laws and regulations governing copyright and trademark. The works of authorship contained in this Site, including but not limited to all design, text, sound recordings, and images are owned, except as otherwise expressly stated, by Sapphire Falls Web Design or one of its subsidiaries. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Sapphire Falls Web Design’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Sapphire Falls Web Design’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Sapphire Falls Web Design reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By using Service and Site, you agree in advance to accept any changes.
Materials used and displayed for Service and Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, are the property of the Sapphire Falls Web Design or its licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your own personal noncommercial use. Because certain information Sapphire Falls Web Design is treated as proprietary, you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of the Sapphire Falls Web Design.
Your use of the Service and Site is at your own risk. Neither Sapphire Falls Web Design nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages arising out of your access or use of, or your inability to access or use, the service and the sites and the information available on the Service and Site or arising out of any action taken in response to or as a result of any information available on the Service and Site. You hereby waive any and all claims against the Sapphire Falls Web Design and its agents, representatives and licensors arising out of your use of the Service and Site and the information available thereon.
Unauthorized use of this Site and its systems, including but not limited to unauthorized entry into Sapphire Falls Web Design’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. You acknowledge that Sapphire Falls Web Design may disclose and transfer any information that you provide through this Site to (i) any company within the Sapphire Falls Web Design group, its affiliates, agents, or information providers; (ii) to any other person or entity with your consent, or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Site you agree to such transfers. Use of this Site, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked, and recorded. Anyone using this Site expressly consents to such monitoring, tracking, and recording.
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility of service strike or other stoppage (whether partial or total) of labor;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention.
Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Sapphire Falls Web Design.
3. Website Rules
In order to provide a respected community on our website and to improve the safety and security of our website, we require that you adhere to the following rules:
- Do not give your user name or password to others. You are responsible for maintaining the confidentiality of your user name and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Sapphire Falls Web Design immediately of any unauthorized use of your registration and password.
- Do not present Sapphire Falls Web Design Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third party website.
- Do not delete or revise any material posted by any other person or entity.
- Do not violate or attempt to violate the security of the Site.
- Do not access data not intended for your use.
- Do not log into a server or account which you are not authorized to use.
- Do not use the Site to advertise or offer to sell or buy any goods or services.
- Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party’s intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
- Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail spamming” or “crashing”.
- Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
- Do not send SPAM or commercial emails of any kind and do not send any unsolicited email to individuals, entities or Sapphire Falls Web Design website users.
- Do not force any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- Do not attempt to or actually access the website by any means other than through the interfaces provided by the website or by navigating to https://sapphire-falls.com/ using a web browser.
- Do not use manual or automated software, devices, script robots, other means or processes to access, “crawl” or “spider” any web pages or other services contained in or on the Site.
- Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive with the website.
- Report inappropriate postings or conduct to Sapphire Falls Web Design.
If you use this Site or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Sapphire Falls Web Design’s systems, you shall indemnify, defend, and hold harmless Sapphire Falls Web Design and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or directly or indirectly resulting from such access. Further, without limiting Sapphire Falls Web Design’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, and phone numbers, bank and credit card account numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customer service, or other remediation services, and any related cost. Sapphire Falls Web Design’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Sapphire Falls Web Design of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through Sapphire Falls Web Design Site or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (i) a data breach of your system(s) and (ii) a data breach of the system(s) of any person or entity with whom you provided or shared Sapphire Falls Web Design customer account data.
4. Representations & Warranties
Sapphire Falls Web Design makes no representations or warranties with respect to these pages, their Content and Materials (including, without limitation, material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an “as is” and “as available” basis. Sapphire Falls Web Design disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Sapphire Falls Web Design makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the website results directly or indirectly in the need for servicing or replacing equipment or data, Sapphire Falls Web Design is not responsible for those costs. Sapphire Falls Web Design also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by users or third parties, is accurate, complete, current, reliable or truthful. Sapphire Falls Web Design assumes no responsibility for the timeliness, deletion, incorrect delivery or failure to store any user communications or personalization settings.
Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. No advice or information obtained by any user from Sapphire Falls Web Design or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by users or on any other form of communication with users will be at your own risk. Sapphire Falls Web Design acts as, among other things, a portal for the online distribution and publication of user submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring user posted material or information, although it reserves the right to do so.
Sapphire Falls Web Design makes no representations or guarantees regarding the effectiveness or timeliness of the website in meeting objectives of users. Sapphire Falls Web Design does not guarantee that Documents created, checked or reviewed using the website, Documents written by Sapphire Falls Web Design or materials posted by users will result in an agreement, contract or successful application, for whatever reason made, made by any user or third party.
5. User Representations & Warranties
You hereby represent and warrant that you:
- are using the Content and Materials solely for your own personal use and not for any business or research purpose;
- are not a human resource specialist, researcher, hiring manager or other similar employee of a business or organization that is accessing employment hiring or firing Content and Materials for use in your job duties or for the benefit of your employer or organization;
- will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and
6. Liability Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAPPHIRE FALLS WEB DESIGN AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY SAPPHIRE FALLS WEB DESIGN, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE.
Sapphire Falls Web Design RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT Sapphire Falls Web Design SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Sapphire Falls Web Design’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE.
IN NO EVENT SHALL Sapphire Falls Web Design (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, SAPPHIRE FALLS WEB DESIGN’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, Sapphire Falls Web Design CANNOT AND DOES NOT CONFIRM EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE Sapphire Falls Web Design (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
7. Proprietary Rights
The Site and all right, title and interest in and to the Site is the sole property of Sapphire Falls Web Design and/or its Affiliates (including parent company) or its licensors, and is protected by U.S. copyright and international treaties. Sapphire Falls Web Design reserves for itself and its licensors all other right, title and interest. All related products and service names, design marks and slogans are also the service marks or trademarks of Sapphire Falls Web Design. In addition, the “look” and “feel” of the website (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Sapphire Falls Web Design’s trademarks, service marks and copyrights. All other product and service marks contained on the website are the trademarks of their respective owners.
Links to non-Sapphire Falls Web Design Websites are provided solely as pointers to information on topics that may be useful to the Websites, and Sapphire Falls Web Design has no control over the content on such non-Sapphire Falls Web Design Websites. If you choose to link to a Website not controlled by Sapphire Falls Web Design, Sapphire Falls Web Design makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Sapphire Falls Web Design warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Sapphire Falls Web Design does not guarantee the authenticity of documents on the Internet. Links to non-Sapphire Falls Web Design sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
8. Claims of Copyright Infringement
If you have a good faith belief that materials available on the Site infringe your copyright, send Sapphire Falls Web Design a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send Sapphire Falls Web Design a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see http://www.copyright.gov/ for details). Notices of the claimed infringement should include the following information: (a) your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. Fitness for Use
Sapphire Falls Web Design makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local (Tennessee) laws.
10. General Terms
You agree to defend, indemnify, and hold harmless Sapphire Falls Web Design (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the website, Documents posted by you on the website or distributed by you through the website or your breach of this Agreement. Sapphire Falls Web Design shall use reasonable efforts to provide prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Waiver and Severability of Terms
Statute of Limitations
Term and Termination
This Agreement is effective until terminated. Sapphire Falls Web Design, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. Sapphire Falls Web Design shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination.
In the event of any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Sapphire Falls Web Design. The user’s access to and the use of this Site, and the terms of this disclaimer are governed by the laws of the State of Tennessee.
If any provision on these Terms and Conditions is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Term and Termination provision above, the invalidity or termination of such provision shall not affect the validity of the remainder of these Terms and Conditions. Our failure to act on or enforce any provision shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
12. Contact Information
Sapphire Falls Web Design
521 Federal Street
Franklin, TN 37067-8683