Terms of Use

San Diego Based Website Design & WordPress Maintenance

Please read these Terms and Conditions of Use carefully before using this site.

Binding Agreement

By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you and “TechDust”. If you do not wish to be bound by these Terms and Conditions, do not use this Website. TechDust reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they are amended.

DISCLAIMER

THIS SITE IS PROVIDED BY TechDust ON AN “AS IS” BASIS. TechDust MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TechDust DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TechDust WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

The contents of the Website, such as text, graphics, images, and other material (“Content”) is for informational purposes only. TechDust has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. We assume no liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use or ancillary action of you of any product, information, idea, or instruction contained in the Content. TechDust reserves the right to change or discontinue at any time any aspect or feature of this Website.

Copyright And Other Proprietary Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of TechDust its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of TechDust and protected by U.S. and international copyright laws. All software used on this site is the property TechDust or its software suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright © 1992-2017 TechDust. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content.

All other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible TechDust materials not expressly granted herein are expressly reserved to TechDust. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.

Trademarks

TechDust are registered trademarks of TechDust in the United States and other countries. TechDust graphics, logos and service names are trademarks of TechDust. TechDust’s trademarks may not be used in connection with any product or service that is not TechDust’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TechDust.

Warranty

You acknowledge that the information on the Website is provided “AS IS” for general information only.

TechDust DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Liability

IN NO EVENT SHALL TechDust, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT WHETHER OR NOT TechDust IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of TechDust and its suppliers. Accordingly, TechDust assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website. TechDust shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500.00. Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action. Your remedies are limited to those expressly provided for in these Terms and Conditions.

Posting

TechDust may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of TechDust. TechDust does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and TechDust is not liable to you for any loss or damage you may suffer by your
use of such websites. You hereby waive any and all claims you may have against TechDust regarding our inclusion of such links to third party websites or your use of those websites.

Applicable Law and Venue

By accessing this Website both you and TechDust agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and TechDust also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of California, with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Survival

The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: Warranty, Liability, Applicable Law, Severability, Survival, and Venue, Indemnification, Conflict, and Complete Agreement.

Waiver

Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.

Indemnification

You agree to defend, indemnify and hold TechDust, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.

Service Agreement

These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by TechDust or its affiliates is also governed by your agreement with TechDust or its affiliates relating to the provision of such services (the “Service Agreement”). You must enter into an independent Service Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Service Agreement, the Service Agreement will control.

Complete Agreement

Except for the Service Agreement, if any, these Terms and Conditions contain the entire agreement between you and TechDust relating to your use of this Website.