TERMS OF USE

Ovation Designs and the information and services related thereto are a proprietary World Wide Web service operated and maintained by Ovation Designs (the "Company"), for use solely by individuals and entities (hereinafter, individually a "User" and collectively the "Users") authorized by the Company. The Site Terms of Use for www.ovations.ca (hereinafter referred to as "the Site") govern your use of the Site and your responsibilities as a User. By use of the Site, you agree to be bound by and comply with the Site Terms of Use. The Company retains the right to amend these Site Terms of Use from time to time and at any time by posting such amendments on the Site, and your continued use of the Site following posting of any such amendment constitutes your acceptance of such amendment, whether or not you have actually read any such amendment.

THE SITE TERMS OF USE CONSTITUTE A CONTRACTUAL AGREEMENT BETWEEN YOU AND THE COMPANY. PLEASE READ THESE TERMS AND CONDITI0NS CAREFULLY.

A. Grant of Rights and Authorization of Use
1. The Company sells design services and resells web services and web hosting (individually a "Service" and collectively the "Services") to commercial and residential Users. To purchase any Service from the Company, you must enter into a specific agreement for such Service (a "Service Agreement"). By using this site, you agree to be bound by these Site Terms of Use, and any Service Agreement for which you subscribe.

2. Through your use of the Site, the Company will grant you a non-exclusive, non-transferable, limited right to access, display on your computer, and use the Site, consistent with these Site Terms of Use and any applicable service agreements or tariffs.

B. Prohibited Uses; User Covenants
1. By using the Site in any manner whatsoever, you agree and covenant with the Company that you will not:

a. Use the Site: (i) in a manner prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) to invade the privacy of third parties; or (iii) to impersonate Company personnel or other parties or entities.

b. Violate the security or interfere with the operations of the Site, whether intentionally, negligently or otherwise, including, without limitation: (i) accessing any data, server or account which you are not authorized to access; (ii) attempting to test the vulnerability or breach the security or authentication measures of any system or network; (iii) attempting to interfere with service to any User, host or network; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, to the Company or any User. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any User involved in such violations.

c. Attempt to utilize another User's User Name, Password, or account information without authorization from that User or to forge e-mail headers or take any other action that would disguise the origin of e-mail transmitted through the Site, or to knowingly permit another person to transmit e-mail (on any service or through any e-mail provider, including the Site) that falsely identifies your account as the origin of such e-mail.

2. You agree that you will reimburse the Company for any damages suffered by it as the result of your violation of these Terms and Conditions, and agree to defend, indemnify and hold harmless the Company and its affiliates from any and all liabilities, costs and expenses, including reasonable attorneys' fees, relating to or arising from your violation of these Terms and Conditions. Payment by you under this provision will not prevent the Company from seeking to obtain other legal remedies against you, including other damages and costs, or an injunction.

3. Each use by you of the Site reaffirms your acceptance of, and your agreement to be bound and to abide by, these Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, you may not continue to use the Site or any software provided to you by the Company for such use and you will immediately terminate your account with the Company, with all related third-party accounts with service providers reverting to a traditional relationship conducted without the aid of the Company or the Site.

C. Proprietary Materials

1. the Site contains copyrighted material, trademarks and other proprietary information (collectively "Proprietary Material"), including, but not limited to, text, software, photographs, video, graphics, images, music and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material.

2. Except as otherwise expressly permitted under copyright law, no posting, copying, downloading, uploading, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or other modification or commercial exploitation of any Proprietary Material made available through the Site will be permitted without the express written permission of the copyright owner. In the event of copying, redistribution or publication of copyrighted material as permitted by law, no changes in or deletion of author attribution, trademark, legend, or copyright notice will be made. The obligation to determine that material is not subject to intellectual property right(s) rests with you.

D. User Information; Privacy
The Company may use information concerning Users for internal business and marketing purposes but WILL NOT disclose any information to third parties with the exception of any information that is required for The Company to be in compliance with any legal investigations.

E. Disclaimer of Warranties
www.ovations.ca (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. THE ABOVE DISCLAIMER DOES NOT APPLY TO USERS IN JURISDICTIONS THAT DO NOT PERMIT THE WAIVER OF IMPLIED WARRANTIES.

F. Disclaimer of Liability UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE, IN CONTRACT OR TORT, FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE www.ovations.ca, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing disclaimer of liability includes, but is not limited to, damages arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communication line failure, loss or corruption of data, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Your sole remedy for dissatisfaction with the Site and/or related matters is to stop using the Site.

G. Linked Sites
The Company may occasionally affiliate itself with sites that may be linked to the Site through hypertext (individually a "Linked Site" and collectively the "Linked Sites"). The Company has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are provided for User convenience only and you access them at your own risk.

H. Termination
The Company may terminate your right to access the Site at any time, with or without cause, in the Company's absolute discretion and without notice. The recital in these Terms and Conditions of specific grounds for termination of your right to access the Site will in no manner whatsoever limit the Company's absolute right to terminate your access to the Site under this paragraph. If your access to the Site is terminated, the providers of Services will continue to serve you as required under applicable provincial and Federal law. The termination of access to the Site will only result in a reversion to traditional service without the benefit of the Site.

I. Changes in Content of the Site
The Company may at any time, without notice or liability, change or eliminate any of the Site content, or restrict the use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any Site-related change or content elimination is to terminate further use of the Site.

J. General

1. These Terms and Conditions, as amended from time to time, constitute the entire agreement between you and the Company with respect to the Site and the Services and supersede all prior agreements between you and the Company.

2. Failure by the Company to enforce any provision(s) of these Terms and Conditions will not be construed as a waiver of any provision or right.

3. These Terms and Conditions, and all other aspects of your use of the Site, will be governed by and construed in accordance with the laws of the State of Idaho.

4. All claims and disputes arising out of these Terms and Conditions or the use of the Site by a commercial User will be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations of, and under the auspices of, the American Arbitration Association. Any such arbitration proceeding will take place in Ada County, Idaho.

5. No demand for arbitration or action of any kind or nature arising out of these Terms and Conditions, or out of any use of the Site by a User, will be brought by either the Company or any User more than one year after the date on which the cause of action first arises.

6. In any arbitration proceeding, the prevailing party will be entitled to recover all legal expenses incurred in connection with the proceeding, including, but not limited to, its costs and reasonable attorney's fees.
7. If any portion of these Terms and Conditions is held to be unenforceable, such portion will be construed in accordance with applicable law as nearly as possible to reflect the original intent of the parties, and the remainder of the provisions will remain in full force and effect.

K. Regarding Copyrights and Trademarks Ovation Designs expects the Client to perform researching on their company name to be sure the name is not already in use and securing a trademark or service mark to protect the Client’s legal rights to any name or image. Ovation Designs Logo Design is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

L. Payment
All prices listed on ovations.ca are in Cad Dollars. All work must be paid in advance prior to any design work commencing. Clients purchasing Ovation Designs Service must pay for the Service online via credit card , certified check or money order. Client’s will be charged for the Package(s) selected. If you pay by credit card, you will be required to pay through one of the following service’s paypal or certipay , once payment has been confirmed the design process will commence. Ovation Designs will email the client an invoice for the transactions in which Client is involved. When the design process is completed the client shall be mailed an invoice marked paid along with all materials to finish the contract herein.

M. Refunds We guarantee your 100% satisfaction with your logo design or your money back- minus a $50 service fee (minimum service fee of $100.) The refund policy does not apply: If you have received your samples; approved your logo; If we do not hear back from you for more than 30 days.

N. Ownership
All final artwork become the property of the Client, having unlimited and royalty-free use of the image upon payment of all fees. Ovation Designs retains the right to display the artwork in their portfolio and advertising materials.

O. Customer Warranty Customer represents and warrants to Ovation Designs that: (a) Customer has the authority to enter into this Agreement and perform its obligations under this Agreement; (b) Customer and its Authorized Users will only use the Ovation Designs for lawful purposes and will not violate any law of any country or the intellectual property rights of any third party; and (c) Customer warrants that it is not located in a country where export or re-export of the contents of information received via the Internet is prohibited. Should Customer receive notice of any claim regarding the Ovation Designs, Customer shall promptly provide Ovation Designs with a written notice of such claim.

P. Ovation Designs Warranty Ovation Designs warrants that: (a) Ovation Designs has the authority to enter into this Agreement and perform its obligations under this Agreement; and (b) Ovation Designs will perform the services required under this Agreement in a professional and workmanlike manner.

COPYRIGHT AND TRADEMARK NOTICE

Ovation Designs, are trademarks or service marks of The Company . Other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners and The Company has been granted permission, by their respective owners, to display these other trademarks, service marks and logos. No right to use any trademark, service mark or logo of the Company or any other owner is granted by these Terms and Conditions.