AGE OF USERS: If you are younger than 18 years old, you must have permission from your parent or guardian to use this website. Do not submit any information at all on this website.
LINKS TO OTHER WEBSITES: This website may contain links to other websites, and Obuhlisk.com, and Obuhlisk.Design, of course, is not responsible for the privacy policies/practices or content of any site not owned by Obuhlisk.com, and Obuhlisk.Design.
SERVER LOGS: When you visit this website, like many other websites, the computer that hosts the website automatically logs items such as the IP Address that your ISP has assigned to you, the date and time you visited, the pages or other resources, such as images or documents, you accessed or downloaded, the type of browser you are using, and the referrer address (the site you were on before coming to this site) which may, in the case of a search engine, for instance, also contain the search terms you used to find this site on the search engine. By use of this website, you consent to having your use of this website, as described above, logged.
CERTIFYING YOURSELF: Upon contacting us, you must certify that YOU ARE NOT A COMPETITOR, and will not use or reproduce any information from the information you will receive from Obuhlisk Design.
DISCLAIMER OF WARRANTIES: Except as limited by applicable law, all materials and services included, or available through this website, are provided "as is" and "as available" without warranties of any kind, neither expressed or implied, including, but not limited to implied warranties of merchantability, fitness for particular purpose, and/or noninfringement.
Obuhlisk.Design does not warrant the functions contained on this website will meet your requirements, or that the operation of the website will be uninterupted, or error free. Nor does Obuhlisk.com warrant that the content is accurate, reliable, correct, or to where this website is available to any particular location at any particular time. This includes if any errors, updates, or corrections to the site have taken place.
Use of this website is solely at your own risk.
LIMITATION OF LIABILITY: Except as limited by applicable law, under no circumstances shall Obuhlisk.Design, Obuhlisk.com, or its members, employees, agents, and clients be held liable for any direct, indirect, punitive, incidental, special, or consequential damages, that result from:
+ The use of, or inability to use the website.
+ The disclosure of, corruption, or erasure of data transmitted, received, or stored on any host server associated with the website, including credit card, or other financial transactions.
+ The use of any other materials, or services provided, or promised to be provided.
+ Any other activites associated with the use of this website.
+ This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liablity, or any other basis, even if Obuhlisk.Design has been advised of the possibility of such damage.
+ In Addition to the above, clients' exclusive remedies for damages, losses, and casues of actions whether in contract, tort including negligence or otherwise, and which may be directly related to work performed by Obuhlisk.Design, shall not exceed the exact dollar amount of any fees, if any, paid to Obuhlisk.Design.
INDEMNIFICATION: Except as limited by applicable law upon request by Obuhlish.Design, you agree to defend, indemnify, and hold harmless Obuhlisk.Design & Obuhlisk.com, its members, employees, subcontractors, agents, or other affiliations, including Obuhlisk.Design's clients from all liabilities, claims, and expensies, including attorneys fees, that may arise from the use of this website.
Obuhlisk.Design & Obuhlisk.com reserves the right to assume the exclusive defense, and control of any matter otherwise subject to indemnification by you, in the event in which you will need to cooperate with Obuhlisk.Design in asserting any avaiable defenses.
CHOICE OF LAW AND FORUM: This AGREEMENT shall be governed by and construed in accordance with the laws of the Commonwealth of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction, for any claim or action arising out of or relating to goods or services provided under or in relation to this AGREEMENT, shall be filed only in the state or federal courts located in the Commonwealth of California, and further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERIBILITY: If any part of this AGREEMENT is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. This agreement may be changed without notice. The user agrees to be bound by the current version of this document.