Terms of Use

Overview

The following are terms of a legal agreement between you and this site owner (Cool Desert Design, LLC, and/or Glenn Zazulia, owner, hereafter called Site-Owner). By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Web site.

Site-Owner may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Site-Owner may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This Web site contains proprietary information and some copyrighted material. Copyrighted material is explicitly noted. Any material on this site that is access-controlled, requiring a password or other credentials, is considered proprietary information.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Site-Owner's prior written consent, except that Site-Owner grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Site-Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Disclaimer of errors

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Site-Owner assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Site-Owner provides no assurances that any reported problems will be resolved by Site-Owner, even if Site-Owner elects to provide information with the goal of addressing a problem.

Confidential information

Site-Owner does not want to receive confidential or proprietary information from you through this Web site and servers hosting this site. Please note that any information or material sent to Site-Owner will be deemed NOT to be confidential. By sending Site-Owner any information or material, you grant Site-Owner an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Site-Owner is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, your name will not be released or otherwise publicized that you submitted materials or other information unless: (a) permission to use your name is granted; or (b) your are first notified that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Site-Owner for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the site privacy policy page for information regarding Site-Owner’s privacy policies.

Third-party relationships

This Web site may provide links or references to non-Site-Owner Web sites and resources. Site-Owner makes no representations, warranties, or other commitments whatsoever about any non-Site-Owner Web sites or third-party resources that may be referenced, accessible from, or linked to any Site-Owner site. A link to a non-Site-Owner Web site does not mean that Site-Owner endorses the content or use of such Web site or its owner. In addition, Site-Owner is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Site-Owner site. Accordingly, you acknowledge and agree that Site-Owner is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Site-Owner Web site, even one that may contain Site-Owner references and images or logos, please understand that it is independent from Site-Owner, and that Site-Owner does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this Web site must be approved in writing by Site-Owner, except that Site-Owner consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Site-Owner; (c) imply that Site-Owner approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Site-Owner or otherwise damage the goodwill associated with the Site-Owner name or trademarks. As a further condition to being permitted to link to this site, you agree that Site-Owner may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Site-Owner trademark.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SITE-OWNER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SITE-OWNER MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

IN NO EVENT WILL SITE-OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SITE-OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

Last updated: August, 2007