TERMS & CONDITIONS OF USE - www.JoeDonnellyDesign.com

Joe Donnelly Design
Copyright 1991-2008 Joe Donnelly. Ottawa, Ontario, Canada

ATTENTION: THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND JOE DONNELLY DESIGN ("JOE DONNELLY", "JDD", "WE" OR "US"). PLEASE READ THESE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR ITS CONTENT.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DISCONTINUE USING THIS SITE.

This World Wide Web site is owned and operated by Joe Donnelly.

The content of this Web site is the sole property of Joe Donnelly and Joe Donnelly Design. All intellectual property rights existing in this site (including but not exclusively any copyright and design right) belong exclusively to Joe Donnelly Design.

Joe Donnelly Design's statement of copyright ownership must remain on all reproductions of material downloaded from this site. Joe Donnelly Design and the Joe Donnelly Design logo device are the sole property of Joe Donnelly.

All other trade names, trademarks, logos or service marks registered or otherwise, mentioned herein remain the property of their respective trademark owners.

Joe Donnelly Design respects the proprietary rights of all parties; if you know of anyone in breach of these rights, please contact us.

Joe Donnelly Design hereby authorizes you to view, print, copy and distribute information published by Joe Donnelly Design on this or any other publicly accessed site maintained by Joe Donnelly Design's Web server linked to this Legal Notice and Terms of Use Policy (collectively, the "Sites"), provided that: (i) the information is used internally (by you or any third party to whom you distribute it) only for informational, personal and non-commercial purposes; (ii) no fee may be charged for distribution of any information to any third party; and (iii) any and all copyright or other proprietary notices that appear on the Sites or any Joe Donnelly Design web page, together with this Legal Notice, must appear on all copies that you make or distribute.

Any information, white papers, methodologies, studies, video files, audio files, software code, photographs, graphics, processes, technologies or other materials (the "Materials") published on the Sites may be the subject of intellectual property rights reserved by Joe Donnelly Design, its subsidiaries or licensors. Your terms of use do not grant to you a license hereunder to otherwise use, copy, distribute or transfer the Materials.

If no additional terms are provided on such Sites or on any Joe Donnelly Design Web page, the use of any such Materials is governed by this provision.

All Materials provided via the Sites are intended for informational purposes only and are subject to change or withdrawal by Joe Donnelly Design at any time without notice.

While Joe Donnelly Design has taken every care to ensure that the information on this Web site is accurate and up to date, no warranties express or implied are given as to the accuracy of the information contained on the Web site.

No action should be taken or omitted in reliance of any information or advice placed on the Web site.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SITE AND ITS CONTENT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE MATERIAL. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, JOE DONNELLY DESIGN MAKES NO REPRESENTATION THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND JOE DONNELLY DESIGN WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO, STATEMENTS REGARDING PERFORMANCE OR CONDITION OF THE SITE AND/OR ITS CONENT, WHICH IS NOT CONTAINED IN THESE TERMS AND CONDITIONS OF USE, SHALL BE DEEMED TO BE A WARRANTY, CONDITION OR REPRESENTATION BY JOE DONNELLY DESIGN.

While every effort has been made to ensure that the content of this Web site is virus free, we would recommend that any downloaded information be virus-checked using reputable virus-checking software.

Joe Donnelly Design cannot accept any liability for damage sustained as a result of infection by computer viruses.

Unless expressly provided otherwise by Joe Donnelly Design, all comments, feedback, information or materials submitted to Joe Donnelly Design through or in association with the Sites shall be considered non-confidential and Joe Donnelly Design's property. By submitting such comments, feedback, information or materials to Joe Donnelly Design, you agree, at no cost or fee, to assign to Joe Donnelly Design of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials.

The Sites may contain hyperlinks to other Web sites controlled by parties other than Joe Donnelly Design. Joe Donnelly Design is not responsible for and does not endorse the contents or use of these Web sites.

You may not access, download, use or export the Materials in violation of Canadian export laws or regulations or in violation of any applicable local laws or regulations.

Unless otherwise specified, the materials on this Web site are directed at and are intended solely for use by those accessing the Web site from Canada.

Joe Donnelly Design makes no representation or warranty that any product, service or information referred to or contained in this Web site are appropriate for use in other locations or jurisdictions.

Those who choose to access this site from other locations or jurisdictions are responsible for compliance with any applicable local laws.

Any information acquired by Joe Donnelly Design through your use of this Web site will be governed by our Privacy Policy.

These terms and conditions of use are the entire agreement between us relating to your use of this site and its Content, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. Joe Donnelly Design reserves the right to change these terms and conditions of use at any time, provided Joe Donnelly Design posts such changes on the site. These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. You hereby consent and attorn to the jurisdiction of the courts of such province. Joe Donnelly Design may assign these terms and conditions of use at any time. If any provision of these terms and conditions of use is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from these terms and conditions of use and the other provisions shall remain in full force and effect.

This Site Notice / Terms and Conditions of Use was last updated on February 3, 2008.

If you have any questions concerning legal or other matters described above, contact Joe Donnelly Design. Click here to contact us.