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Terms of Service

Last updated: October 15, 2024

Agreement to Our Legal Terms

We are Del Mar Web Designs ("Company," "we," "us," or "our"), a company registered in California, United States.

We operate the website https://delmarwebdesigns.com/ (the "Site"), as well as any other related products and services that refer or link to these Legal Terms (collectively, the "Services").

You can contact us by phone at 760 536 2175, email at [email protected], or by mail to Del Mar, CA 92014, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Del Mar Web Designs, concerning your access to and use of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree to all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time. We will alert you to any changes by updating the "Last updated" date above, and you waive any right to receive specific notice of each change. It is your responsibility to review these Legal Terms periodically for updates; your continued use of the Services following the posting of revised Legal Terms means that you accept and agree to the changes.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. Prohibited Activities
  5. User Generated Contributions
  6. Contribution License
  7. Third‑Party Websites and Content
  8. Services Management
  9. Privacy Policy
  10. Term and Termination
  11. Modifications and Interruptions
  12. Governing Law
  13. Dispute Resolution
  14. Corrections
  15. Disclaimer
  16. Limitations of Liability
  17. Indemnification
  18. User Data
  19. Electronic Communications, Transactions, and Signatures
  20. California Users and Residents
  21. Miscellaneous
  22. Contact Us

1. Our Services

The information provided through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. If you access the Services from other locations, you do so on your own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry‑specific regulations (e.g., HIPAA, FISMA). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm‑Leach‑Bliley Act (GLBA).

2. Intellectual Property Rights

Our Intellectual Property

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos (the "Marks"). The Content and Marks are provided "as is" for your personal, non‑commercial use or internal business purpose only and are protected by U.S. and international intellectual‑property laws.

Your Use of Our Services

Subject to these Legal Terms, we grant you a non‑exclusive, non‑transferable, revocable license to access the Services and download or print a copy of any portion of the Content you have properly accessed, solely for personal, non‑commercial use or internal business purposes.

Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. Requests for permission should be sent to [email protected].

Any breach of this section constitutes a material breach of these Legal Terms and will terminate your right to use the Services immediately.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non‑human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any law or regulation.

4. Prohibited Activities

You may use the Services only for purposes for which we make them available. A non‑exhaustive list of prohibited activities includes:

  • Systematically retrieving data to create a database without permission.
  • Tricking or misleading us or other users.
  • Circumventing security features.
  • Harassing or harming others.
  • Uploading viruses or malicious code.
  • Engaging in automated use of the system.
  • Reverse engineering any software in the Services.
  • Using the Services to compete with us.
  • Advertising or selling goods and services without authorization.

5. User Generated Contributions

The Services do not offer users a venue to submit or post content.

6. Contribution License

By submitting feedback or suggestions, you grant us the right to use and share such feedback for any purpose without compensation.

7. Third‑Party Websites and Content

The Services may link to third‑party websites or display content from third parties. We are not responsible for third‑party websites or content and your use of such sites or content is at your own risk.

8. Services Management

We reserve the right but not the obligation to monitor the Services for violations, take legal action, or restrict access to the Services in our sole discretion.

9. Privacy Policy

We care about data privacy. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in the United States; if you access them from elsewhere, you consent to the transfer of your data to the U.S.

10. Term and Termination

These Legal Terms remain in effect while you use the Services. We may deny access or terminate your use at any time without notice for any reason, including violation of these Legal Terms.

11. Modifications and Interruptions

We may change, suspend, or discontinue the Services at any time without liability. We cannot guarantee continuous availability.

12. Governing Law

These Legal Terms are governed by the laws of the State of California, United States, without regard to conflict‑of‑law principles.

13. Dispute Resolution

Any legal action shall be brought in the state or federal courts located in San Diego County, California. The Parties waive defenses of lack of personal jurisdiction and forum non conveniens.

14. Corrections

Information on the Services may contain errors or omissions. We reserve the right to correct them at any time without prior notice.

15. Disclaimer

The Services are provided "as is" and "as available." We disclaim all warranties, express or implied, to the fullest extent permitted by law.

16. Limitations of Liability

We will not be liable for any indirect, consequential, exemplary, incidental, or punitive damages arising from your use of the Services.

17. Indemnification

You agree to indemnify and hold us harmless from any claims arising out of your use of the Services or violation of these Legal Terms.

18. User Data

We may maintain data you transmit for managing the Services. You are responsible for all data you transmit and agree we are not liable for any loss or corruption of such data.

19. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications and agree that electronic signatures and records satisfy any legal requirements for written communications.

20. California Users and Residents

If a complaint with us is not resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952‑5210.

21. Miscellaneous

These Legal Terms and any policies posted on the Services constitute the entire agreement between you and us. If any provision is held unlawful or unenforceable, the remaining provisions remain in effect.

22. Contact Us

To resolve a complaint or receive further information about the Services, contact us at: