Terms & Conditions For Use And Service
1.1 By submitting payment to Heitz Digital, LLC you are agreeing to be bound by the following terms and conditions established by Heitz Digital, LLC, as well as all applicable federal and state laws and regulations. These terms and conditions apply to any and all services provided by Heitz Digital, LLC. If you are accepting on behalf of your employer, client or other entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer, client or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept these terms.
2. Use License
2.1 Heitz Digital, LLC grants Customers a license to access and edit their website. Customers do not receive a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Heitz Digital, LLC’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
2.2 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Heitz Digital, LLC at any time. Upon terminating your viewing of these materials of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.1 The materials on Heitz Digital, LLC’s web site are provided “as is.” Heitz Digital, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Heitz Digital, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitation of Liability
4.1 In no event shall Heitz Digital, LLC or its suppliers be liable for any consequential damages (including, without limitation, damages for loss of data or profit, or business interruption) arising out of the use or inability to use the materials on Heitz Digital, LLC’s website servers or content management system, even if Heitz Digital, LLC or a Heitz Digital, LLC authorized representative has been notified orally or in writing of the possibility of such damage.
5. Revisions and Errata
5.1 The materials appearing on Heitz Digital, LLC’s web site may include technical, typographical, or photographic errors. Heitz Digital, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Heitz Digital, LLC may make changes to the materials contained on its web site at any time without notice. Heitz Digital, LLC does not, however, make any commitment to update the materials.
5.2 The materials appearing on Heitz Digital, LLC’s Customer’s web sites may include technical, typographical, or photographic errors. Heitz Digital, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Heitz Digital, LLC does not make any commitment to update the materials on Customer websites.
6.1 Heitz Digital, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Heitz Digital, LLC of the site. Use of any such linked web site is at the user’s own risk.
6.2 Heitz Digital, LLC has not reviewed all of the sites linked to its Customer web sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Heitz Digital, LLC of the site. Use of any such linked web site is at the user’s own risk.
7. Payment of Services:
7.1 If Heitz Digital, LLC does not receive payment when due, Heitz Digital, LLC shall have the right to immediately terminate its services. Termination of contract by Heitz Digital, LLC under the provisions of this paragraph shall not relieve the customer of the obligations of payments to Heitz Digital, LLC for any services previously provided.
7.2 Annual payments are due prior to work being completed. Subscription payments must be established prior to any work being completed. In the case of services requiring set up/design fees and annual payments, all payments/monies are due prior to work inception.
7.3 Design fees, monthly subscription payments or any annually collected monies are non-refundable. Heitz Digital, LLC will not provide any refunds if monthly payments are continually collected while services are still being created and/or set up for any reason.
8. License to Use
8.1 By submitting content to Heitz Digital, LLC, Customer represents that it has a license to use such content and publish the content online, including but not limited to images, photographs, text, graphics, links, logos, audio and video files, and any other work of art. Customer represents that it owns all content submitted to Heitz Digital, LLC, and has not unlawfully copied any content submitted to Heitz Digital, LLC for publication or use on Customer’s website.
8.2 Heitz Digital, LLC submits that it is the Customer’s responsibility, not its responsibility, to ensure that all information submitted to Heitz Digital, LLC is in compliance with paragraph 8.1. Heitz Digital, LLC, has no obligation to check the validity of the content that the Customer submits.
9.1 Customer agrees to indemnify, defend and hold Heitz Digital, LLC harmless from and against any and all claims, liability, losses, damages, costs and expenses, including reasonable legal fees, incurred by Heitz Digital, LLC as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this agreement, including but not limited to the client obligations outlined in paragraphs 8.1 and 8.2.
10. Governing Law
10.1 Any claim relating to Heitz Digital, LLC’s web site shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any claims or other disputes will be decided in the court system in Baltimore County. There shall be no right to trial by jury. Customer specifically waives all claims to consequential, special or punitive damages.
11. Website Revisions – Client
11.1 New websites and/or website re-designs are limited to 1 round of revisions upon approval of the website in the mock-up stage. Revision count begins at the acceptance of a provided mock up of the intended website. In the event client refuses the mock up in it’s entirety 2 additional mock up attempts will be provided where the third and final mock up must be accepted as provided.