DISCLAIMER OF LIABILITY FOR NON-UTILIZATION OF PRIVACY POLICY COMPLIANCE SOFTWARE
THIS DISCLAIMER OF LIABILITY ("AGREEMENT" (hereafter referred to as the “Agreement”)) is made on the date of initial payment received
BETWEEN
Website Owner, the Client, an individual or organization that has remitted payment, (hereinafter referred to as the "Client"); and
Website Designer, Developer, Hosting Provider, as Think Different Designs LLC, (hereinafter referred to as the "Company")
WHEREAS, the Company provides services related to privacy policy compliance (the "Services");
WHEREAS, the Client has not engaged the Company to provide access to and usage of its privacy policy compliance software (the "Software") to enhance the Client's compliance with privacy policy laws;
WHEREAS, the Client understands and acknowledges that non-utilization may result in a lack of privacy policy compliance on the Client's website;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
DISCLAIMER OF LIABILITY The Client acknowledges and agrees that the Company shall not be responsible or liable for any actions, omissions, or damages, whether direct, indirect, consequential, or incidental, arising out of or related to the Client's failure to utilize the Software in a manner consistent with privacy policy compliance requirements.
ASSUMPTION OF RESPONSIBILITY The Client acknowledges that it is solely responsible for its compliance with all privacy policy standards, laws, and regulations applicable to its website. The Client agrees that the Company's Software is a tool designed to assist in achieving privacy policy compliance and failure to utilize this software may result in non-compliance with privacy policy requirements.
NO WARRANTY The Company makes no warranties, express or implied, regarding the Software's effectiveness in achieving privacy policy compliance or the absence of legal actions, claims, or damages resulting from non-utilization of the Software.
INDEMNIFICATION The Client agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, actions, liabilities, costs, expenses, or losses arising from the Client's failure to utilize the Software for privacy policy compliance or any legal action brought against the Client related to privacy policy compliance.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of California. Any legal action arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Solano County, California.
