Website Design and Related Services
Terms of Service / User Agreement
If you have any questions about this, please let us know.
We have been creating websites since 1995, shortly after Microsoft came out with a product called FrontPage ’95. One of our primary goals is to keep every client happy. Let us know what we can do for you.
This version is effective as of January 1, 2016
Welcome to the INFO 1, LLC Terms of Service page (hereafter referred to as “User Agreement”). If you are a client, you have received an invoice. Your invoice includes the customized services we will provide for you. Your unique services along with the following user agreement shall be considered our contract.
This website, and all of our affiliated websites, are owned and operated by INFO 1, LLC. By visiting our websites and accessing the information, resources, services, products, and tools we provide, you acknowledge reading, understand, and agree to accept and adhere to the following terms of service as stated in this policy. If you do not agree to all the terms of service of this User Agreement and/or contract, then you do not have our permission to access or use any of our services.
Our services are designed to give you as much control and ownership over what goes on your website as possible and we encourage you to express yourself freely.
With that said, INFO 1, LLC is not responsible for what you or others post via your website.
The details in this User Agreement represent and constitute the entire agreement by and between INFO 1, LLC and each client. Any changes to this agreement must be put in writing and agreed to by both parties.
Making a payment per your invoice shall be considered acknowledgement that you have read and agree to those terms and conditions. If you have any questions, please let us know.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, INFO 1, LLC clients expressly understand and agree:
Copyright and Trademarks
Client represents and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, artwork, or other materials posted on the website or furnished to INFO 1, LLC for inclusion in client’s website are owned by client, with the express written permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining that any such materials are so protected rests entirely with the client. The client agrees they will hold harmless, protect, and defend INFO 1, LLC, and its subcontractors from any claim or suit arising from the use of any content published on the client’s website.
The client shall be responsible for the legality, accuracy, and appropriateness of all content posted on their website. The client shall not provide to INFO 1, LLC or post any content that is obscene, defamatory, harassing, offensive, malicious, or that actually or potentially infringes the proprietary or intellectual property rights of any third party.
The client shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by you to your website, you automatically represent or warrant that you have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
The following terms shall have the following meaning:
INFO 1, LLC
The terms “we,” “us,” and “our” refer to INFO 1, LLC and our designated affiliates. “Website Designer/s”, “Website Design Team”, “INFO 1 Team” , “Us” and “We” all mean INFO 1, LLC, which is organized and existing under the laws of the state determined by the initiator of this contract in the United States of America.
“Client” or “You”
The terms “user,” “you,” and “your,” “they,” “their,” “visitors,” “clients,” “customers,” and any other users of the website means the client, or legal representative, or person named on the invoice and/or responsible for this agreement.
Means any printable agreement for the supply of a service by INFO 1, LLC.
Means any of the services or software to be supplied, modified, or performed by INFO 1, LLC.
Means any type of text, photos, other images or any other materials, data, or other type of information provided by the client or INFO 1, LLC.
“Scope of the Project”
Are the details of service outlined on each customized invoice.
“Google for Work”
Client Provides Content, Photos, and Ongoing Feedback
The client shall provide the INFO 1 Team members with the content needed to complete this project, including text, company logo, photos, other images and other information in a digital format within twenty business days from the date the invoice was sent.
Clients are encouraged to provide as much information up front as possible. Clients are encouraged to use the customized worksheet designed by INFO 1, LLC to help guide their thinking related to information for their website. This lengthy questionnaire/tool is available upon request of a client. If a client needs assistance with something or does not have content available in a digital format, clients are encouraged to make arrangements with a one of the INFO 1 Team members for some assistance in converting thoughts and other content to a digital format.
Clients have the option to make payments via check or electronically per the information provided in the invoice/contract. When using electronic payment, there is a 3% fee that INFO 1, LLC has to pay which may be passed on to the client as a convenience / service fee. Checks received on or before the invoice due date are not subject to a convenience fee, because there is no payment processing fee.
All payments are due as indicated on the invoice. If payment is not received by the due date indicated, the account will be considered in default and services may be suspended or terminated.
INFO 1, LLC, reserves the right to remove web pages from viewing on the Internet if a client is more than 30 days behind on their payment plan and/or until final payment is made. If a delay in payment is anticipated, please contact your Website Design Team to discuss possible options. If collection proves necessary, the client agrees to pay all fees incurred by that process.
Accounts in default are due in full immediately and may be subject to a minimum $50 penalty charge/service fee every 30 days that the current invoice is not paid in full in addition to finance charges of 1.5% per month on the balance due. Returned checks are subject to a $50 processing fee from INFO 1, LLC, in addition to any other bank or other administrative fees associated with a returned check.
Priority Level Support
If needed, we will prioritize your request for support. After you notify us of a need for support, preferably in writing, we will do an assessment of the urgency and required time to complete the task . We will communicate and work with you to complete your request as quickly as possible. Some support work may involve additional costs, based on different variables. We will keep you informed during the process.
Per your invoice, we provide phone and electronic education and support and consultations as some of the services we provide.
Additional education and consultation are available at hourly rates between $25 and $100 per hour. Ask your Website Designer for more information.
Ownership of Web Pages and Graphics
The finished assembled work of web pages with text, photos, and other graphics produced by the Website Design Team shall be vested with the client upon final payment for the project. This includes source code, text, and any program(s) specifically designed or purchased on behalf of the client for completion of this project. Any existing subscription services would need to be maintained by the client and may be included as part of an existing maintenance / insurance package.
Sole rights to photos, graphics, website design, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. INFO 1, LLC, and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios. All website design work provided by the Website Design Team will be considered “works for hire” under applicable United States copyright laws, and therefore the property of the Website Designer. .
Proofreading, Editing of Content, and the Website Design Process
We encourage clients to have several people do a thorough proof-reading of the content before sending it to the Website Designers. We require all content, including all text and images, be in a format that is ready to upload “as is”, unless the client and Website Designers have agreed on and documented other arrangements. The reason we require the client to provide content and images that are in final form, is because what may seem like a small change, may actually involve at least 30 minutes of more of a Website Designers time. Your Website Design Team will not proofread any content unless there is a clear agreement between INFO 1, LLC, and the client concerning editing of content. There may be an additional charge for that service. Your Website Design Team will upload exactly what you send us. Clients will have at least two opportunities, once after Version 1 and once after Version 2, to make any changes to the content that was submitted. After the first electronic version is presented to the client, the client will have up to five business days to review and test the first version of their website and submit any requests and/or additional content for the website to the Website Design Team.
If the client needs additional time to review and edit the content, additional time may be negotiated and agreed upon and confirmed via e-mail between the client and any of INFO 1 Team Members. Additional editing beyond two revisions involves additional time and may involve additional cost at rate of $50 per hour.
Within five business days of having received any additional content or requests for changes from the client, the Website Design Team will present a revised second version to the client.
After the second electronic version is presented to the client, the client will have up to five business days to review and test the second version of their website and submit any final requests and/or additional content for the website to the Website Design Team.
At that time, the client will be asked to confirm acceptance of the basic website design or make any final requests before finalizing the website project.
After the client accepts the website design, the work necessary to complete the project will continue. Ideally, the website will be completed within the next five business days.
Upon completion of the website, an e-mail will be sent to the client advising the client that the work has been completed. The client will have up to five business days to accept the design and content as posted on the website, or provide any requested changes for the final revision.
All requested revisions by the client will be considered and discussed with the client. The Website Design Team will make extra effort to follow and meet every request expressed by the client, but the ultimate design decisions shall be at the Website Designers’ sole discretion. The Website Design Team shall use its discretion in making any requested changes, but shall not be obligated to make any changes. If no revision requests are received or made within said five business day period, the client shall be deemed to have approved of the design and content.
Your Website Design Team shall not be responsible for archiving or backing up any of the content and is not responsible for returning digital content back to the client, unless arrangements are made in writing via this contract.
Educating, Training, Consulting, Expert Advice
Each of us has limited time to work each day. For that reason, time spent and/or services performed outside the scope of the original project at hand may be billed at the rate between $50 – $100 per hour. The client will be notified in advance when additional time and resources will be required to complete their request.
INFO 1, LLC, will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Website Designer, or divulge, disclose, or communicate in any manner any information that is proprietary to the client (e.g., trade secrets, know-how and confidential information). Your Website Design Team will protect such information and treat it as strictly confidential.
Client agrees that it shall defend, indemnify, save and hold INFO 1, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents, harmless from any and all demands, liabilities, losses, settlement, costs and claims, including reasonable attorney’s fees associated with the Website Designer’s work on the client’s website. This includes liabilities asserted against the Website Designer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employee or assigns. This includes third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms of Service, or any use by you of this website or our services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Client also agrees to defend, indemnify and hold harmless the Website Design Team against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.
If a legal dispute should arise from this contract, the client agrees that the case will be litigated or arbitrated in Sullivan, County, TN. This agreement shall be governed and construed in accordance with the laws of the State of Tennessee, USA. If it becomes necessary for INFO 1, LLC, to bring legal action to collect any sums due under this agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney’s fees.
Client shall indemnify and hold the Website Designers harmless from all losses and claims, including attorney fees and legal expenses that may result by reason of claims by third parties related to such materials
The client warrants that any content /information (including any part of the domain name used in connection with the service) and its use by Website Design Team for the purpose of providing the service will not violate any laws or infringe the trademark, copyright or other rights of any third party and the client shall indemnify the Website Design Team against any loss, damages, costs, expenses or other claims arising from any such infringement or violations. The Website Designers may refuse to accept any content or information for any reason, including without limitation if the Website Designers believe, in its sole discretion, that the content is obscene or otherwise offensive, violates any laws, or infringes third party rights, and may terminate the provision of the services outlined in this contract.
Copyright Infringement and DMCA Policy
As INFO 1, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe your copyright has been infringed by any INFO 1, LLC affiliated website, please notify us in writing:
INFO 1, LLC
Attention: Copyright Claim
3616 Hemlock Park Drive
Kingsport, TN 37663
or you can e-mail the following information to: Info@info1.com
To enable us to investigate your alleged infringement or violation, please include the following in your notice:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law. Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.
INFO 1, LLC will terminate a users access to and use of the Website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of INFO 1, LLC or others. In the case of such termination, INFO 1, LLC will have no obligation to provide a refund of any amounts previously paid to INFO 1, LLC.
Responsibility of Contributors
If you operate a blog, comment on a blog, post material or links to any of the INFO 1, LLC websites, or otherwise make, or allow any third party to make material available, you are entirely responsible for the content of, and any harm resulting from, that content or your conduct. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code. By using INFO 1, LLC websites, you represent and warrant that your content and conduct do not violate these terms or this User Agreement.
By posting or submitting content to INFO 1, LLC for inclusion on your website, you grant INFO 1, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing, and promoting your blog or our services.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages in which INFO1, LLC and our associated websites link, and the unknown number of websites that link back to us. INFO 1, LLC does not have any control over those websites and is not responsible for their contents or their use. By linking to a website, INFO 1, LLC does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. INFO 1, LLC disclaims any responsibility for any harm resulting from your use of INFO 1, LLC websites and web pages.
We cannot monitor or control what someone posts on their website. Some websites that belong to our clients may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Some websites that belong to clients may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We / INFO 1, LLC disclaims any responsibility for any harm resulting from the use by visitors of websites associated with INFO 1, LLC or from any downloading by those visitors of content posted on those websites.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material you supply to INFO 1, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit to us. Content you submit to INFO 1, LLC remains yours to the extent that you have any legal claims therein. You agree to hold INFO 1, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our services. Accordingly, you are responsible for all activities that occur under your account/s.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including any INFO 1, LLC representative.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Third Party Page Modification
Some clients want the ability to independently edit or update their web pages after completion of their website. Please note that INFO 1, LLC is not responsible for any changes or damages created by the client or agent of the client. Any repairs required by your Website Designer may be assessed at the current hourly rate.
The client named in this contract is retaining INFO 1, LLC, for services listed on their contract. The client hereby authorizes the Website Design Team to access digital directories/folders/files or programs which need to be accessed related to this project.
If the client chooses to store website files on a computer that is different than computers recommended by the Website Designers, the client is required to provide appropriate log in, password, directory, and other information requested by the Website Design Team within five days from the first day of this contract. Accessing different servers/computers not recommended by the Website Design Team may involve additional time, costs, and expense.
Assignment of Project
INFO 1, LLC, reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on time completion. The Website Design Team will coordinate all work completed by any subcontractors for this project. Client acknowledges and agrees that INFO 1, LLC may, in its sole discretion, use one or more third-party contractors (each, a ‘Subcontractor’) to provide some portions of the Services and/or other services related to the operations of the INFO 1, LLC affiliated website and/or the Client Properties, which may include, without limitation, data processing and storage, data security, technical support, purchase and payment processing, order fulfillment, and other e-commerce related functions.
INFO 1.com will maintain at least one active hyperlink back to client website on one or more INFO 1, LLC’s websites during the duration of this contract. When developed, the bottom of the client’s website will contain a link to an INFO 1, LLC website. With the client’s permission, the client agrees to leave the active hyperlink to the designated website “as is” in current format and location in the footer of every page. INFO 1, LLC will also link back to the client website via one or more of the INFO 1, LLC associated websites.
INFO 1, LLC, makes no warranties of any kind, whether expressed or implied, for fitness or merchantability of any services or products it supplies. Your Website Design Team shall not be liable for any loss of profits, loss of use, or indirect, special, incidental or consequential damages of any kind in connection with or arising from your Website Designers furnishing or failing to furnish services or advice of any kind. INFO 1, LLC, shall have no liability to the client for any loss or damage of any nature arising from any breach of any express or implied warranty or any negligence, breach of statutory or other duty on the part of the Website Design Team or in any other way out of or in connection with the performance or purported performance of or failure to perform a service.
Limitation of Liability
As part of our terms of service, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. INFO 1, LLC will not be liable for any direct, indirect, incidental, consequential or special, punitive, exemplary loss or damages which may be incurred by you as a result of using our services or resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Additionally, INFO 1, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if INFO 1, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall INFO 1, LLC’s cumulative liability to you exceed the total purchase price of the service you have purchased from INFO 1, LLC, and if no purchase has been made by you INFO 1, LLC’s cumulative liability to you shall not exceed $100.
By using our website and services, you understand and agree that all of our services, resources, and tools we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- i) the use of our services, resources, or tools will meet your needs or requirements.
- ii) the use of our services, resources, or tools will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our services, resources, or tools will be accurate or reliable, and
- iv) any defects in the operation or functionality of any services, resources, or tools we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- v) any content downloaded or otherwise obtained through the use of our services, resources, or tools is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- vi) no information or advice, whether expressed, implied, oral or written, obtained by you from INFO 1, LLC or through any services, resources, or tools we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
In no event shall the Website Design Team be liable to the client or to any third party for indirect or consequential damages. In no event may the client bring a claim against the Website Design Team more than 90 days after the cause of action arises.
INFO 1, LLC, makes no other warranties with respect to the services, which are provided on an “as is” basis without warranty of any kind, express or implied, nor do we make any warranty as to any results that may be obtained by use of any of our services.
The Website Design Team does not warrant the functions of the website will meet client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. The Website Design Team is not to be held responsible for occasional downtime of e-mail or website due to line interruptions and/or other instances beyond the Website Design Team’s direct control.
INFO 1, LLC makes no representation or warranty that the information or services provided, regardless of its source, is accurate, complete, reliable, current, or error-free. INFO 1, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the content or service.
Complete Contract / Amendments
This agreement supersedes all agreements and understandings between the parties for performance of the services and constitutes the complete agreement and understanding between the parties. No waiver of any of the provisions of this User Agreement by INFO 1, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by INFO 1, LLC. The parties may agree to amend this agreement via documented e-mail detailing the agreed amendments
Early Cancellation of Service
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and services with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Early cancellation of service by the client will entitle INFO 1, LLC, to full payment of all payments due through the end of the contract period.
Forfeiture of Contract
If the client has not provided material and information necessary to complete the project to the Website Design Team within 180 days of the date of their contract has started, this action may be considered cancelation of contract. Forfeiture of contract will be handled following the early cancellation guidelines listed in this document.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Changes to User Agreement
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms of Service.
Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this site.
If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms.
Cancellations, Refunds & Returns
Due to the digital nature of all purchases, we do not offer refunds.
If any term, provision, covenant, or condition of this User Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the User Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. A waiver by either party of any term or condition of this User Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegate-able, sub license-able, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this User Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this User Agreement, regardless of whether we are the successful or prevailing party or parties we shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or we may be entitled. Client understands and agrees that we are not responsible for any expenses associated with any legal proceedings involving this contract.
Governing Law Including Venue and Mediation
This User Agreement shall be construed in accordance with, and governed by, the laws of the State of Tennessee, in Sullivan County, as applied to contracts that are executed and performed entirely in Tennessee. The exclusive venue for any arbitration or court proceeding based on or arising out of this User Agreement shall be the city of Kingsport, TN. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this User Agreement by mediation, which shall be conducted under the then current mediation procedures recommended by members of the Kingsport, TN Chamber of Commerce or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
All notices, requests, demands, and other communications under this User Agreement shall be in writing and properly addressed as follows:
INFO 1, LLC
3616 Hemlock Park Drive
Kingsport, TN 37663