WELCOME TO ORDER DESK
This Agreement was last updated on 5/15/2018.
By using the Services (as defined below), You agree to the terms below.
Many of the sections of this Agreement offer “Summaries” at the beginning, which are meant merely to explain the terms of the Agreement and are not meant to offer additional or different terms.
1. Scope of Agreement
These Terms and Conditions of Use (otherwise known as the “Agreement”) is between you, (“You”), and SparkWeb Interactive, Inc. d/b/a Order Desk (“Order Desk” or “We” or Us”).
These Terms and Conditions apply to your use of the Site located at orderdesk.com The information provided on the Site, as well as mobile applications we may provide, any emails you may receive from Us, or any orders we fulfill upon request from you or services we provide for you related to web design or development, social media consultation, e-commerce, or web hosting, constitute the Services.
When You use the Services, are the terms that will govern Your use. We may change the terms of this Agreement from time to time if needed, but will post a notice of such changes so that You know what they are.
The Services are not directed to anyone under the age of 13. If you are under the age of 13, do not use the Services.
2. Registration for Use of the Services
In order to provide you with services, we may require you to establish an account with us. You are responsible to keep your username and password safe, as you are responsible for any activity which occurs through your account, including orders placed.
3. Permission for Electronic Communication
By accessing or using the Service, registering, sending an email or otherwise communicating with Order Desk through the Service, you are communicating with Order Desk electronically, and you agree to receive electronic communication from Order Desk, by email and by posting to any of the Properties. You agree that any electronic communication from Order Desk satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Order Desk or the Service, including, without limitation, by posting to the Service, email or otherwise, are and will be treated as non-confidential and non-proprietary.
4. Content on the Services
The content on this Site may change at any time.
The Services contain content developed by Us and other third parties (“Content”). We not warrant the accuracy of any information on the Services.
We grant You a limited, revocable, non-exclusive and non-transferable license, to access and use the Services for Your personal, non-commercial purposes.
6. Availability and Use of the Services
The availability of the Services depends on many factors, including some factors that are beyond Our control, such as Your connection to the Internet and the Internet backbone. We shall not be liable to You if You cannot use the Services due to any reason. You are responsible for making sure your computer or mobile device has the right software to allow you to access and use the Services.
7. Links to Other Internet Sites
SUMMARY: We are not responsible for the content on any websites to which the Services have links, and We do not endorse any of those websites merely by providing links.
The Services may contain links to Internet sites owned, operated or maintained by third parties not under Our control. These links are provided for Your convenience of reference only. Such links are not representative of Our endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
8. Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of Idaho, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Boise, Idaho in all disputes arising out of or relating to the use of the Services.
(b) You must commence any cause of action or claim against Us within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
9. International Access
10. Warranty Disclaimer; Limitation of Liability
SUMMARY: We offer the Services “as is.” We are not liable to You for any damages except direct, provable damages, and not for more than what You have paid Us in the month before the damage occurred.
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE SERVICES MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SPARKWEB DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. SPARKWEB DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKWEB, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SPARKWEB HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(C) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARKWEB’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SPARKWEB FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO SPARKWEB’S LIABILITY.
SUMMARY: You agree to cover Our costs for any damage caused by You, including any damage to a third party.
You agree to indemnify, defend and hold harmless Order Desk, its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this the Services, including without limitation claims arising out of information or materials submitted to the Services by You, Your violation of a third party’s intellectual property or other rights, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Us in the defense of such claims.
12. Relationship of Parties
No joint venture, partnership, employment, or agency relationship is created between You and Us as a result of this Agreement or any use of the Services. You agree not to hold Yourself out as a representative, agent, or employee of Order Desk and We shall not be liable for any representation, act or omission by You to the contrary.
13. Contact Information
Please send any questions or comments (excluding all inquiries related to copyright infringement) regarding the Services by e-mail to firstname.lastname@example.org or by regular mail to: Order Desk, PO Box 190705, Boise ID 83709.
14. Reservation of Rights
Any rights not granted to You in this Agreement are reserved by Us. Any rights not granted to Us by You in this Agreement are reserved by You.