Terms Of Use

Cancellation

Clients may request cancellations by:

E-Mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Or by Mail: Advanced Web Solutions, c/o Cancellations, 8920 N. 23rd Ave, Suite 302, Phoenix, AZ 85021

Please include your full name, domain name, and request to cancel.

Service Agreement

The following agreement ("Agreement") contains the complete terms and conditions that will apply between you ("Customer") and Advanced Web Solutions LLC. ("Advanced Web Solutions LLC"), a Arizona LLC., if all of the following conditions are met: (1) you read and agree to the terms and conditions of the Agreement and indicate your acceptance of the terms and conditions of the Agreement by electronically signing; (2) you fully and correctly submit all information requested of you by Advanced Web Solutions LLC; and (3) you submit proper payment pursuant to Section 3, of this Agreement. This Agreement shall become effective on the date (the "Effective Date") that payment is received and accepted by Advanced Web Solutions LLC.

ADVANCED WEB SOLUTIONS LLC IS WILLING TO PROVIDE DESIGN AND DEVELOPMENT AND HOSTING SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS HEREIN, ADVANCED WEB SOLUTIONS LLC IS UNWILLING TO PROVIDE SERVICES TO YOU.

WHEREAS, ADVANCED WEB SOLUTIONS LLC has developed, owns and markets proprietary, Internet-based, e-commerce solutions and offers web site hosting services on the Internet; and

WHEREAS Customer wishes to purchase the web design and development services of ADVANCED WEB SOLUTIONS LLC;

WHEREAS Customer wishes to make use of the e-commerce solutions and retain the web site hosting services of ADVANCED WEB SOLUTIONS LLC;

NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements herein contained, ADVANCED WEB SOLUTIONS LLC and Customer agree as follows:

1. DEFINITIONS

A. "Deliverables" means any work designed, created, and/or produced by ADVANCED WEB SOLUTIONS LLC in connection with this Agreement.

B. "Software" means the ADVANCED WEB SOLUTIONS LLC e-Commerce software, current release version, including any updates provided by ADVANCED WEB SOLUTIONS LLC, and ADVANCED WEB SOLUTIONS LLC's proprietary technology and source code.

C. "Development Services" means the services described in Section 2 of this Agreement.

D. "Customer's Content" means any computer programs, designs, data, video or audio materials, graphics or other materials provided by Customer to ADVANCED WEB SOLUTIONS LLC pursuant to this Agreement. Customer's Content includes, but is not limited to, end user data collected by Customer, and information regarding merchandise or services sold by Customer through its Web Site.

E. "Custom Work Product" means all designs, discoveries, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information, and materials made, conceived, or developed by ADVANCED WEB SOLUTIONS LLC after the Effective Date on behalf of Customer in furtherance of the Web Site or other Services provided to Customer under the terms of this Agreement, and paid for by Customer. Custom Work Product does not include any preexisting software owned by ADVANCED WEB SOLUTIONS LLC, or any Customer Content or any third party software products incorporated into the Custom Work Product.

F. "Generic Modules" means discrete computer program subroutines that are not specific to the functions of the Custom Work Product but are useful generally in ADVANCED WEB SOLUTIONS LLC's business and that are designated as "Generic Modules" in writing signed by both parties.

G. "ADVANCED WEB SOLUTIONS LLC Technology" means any and all existing software, technology, know how, algorithms, procedures, techniques, and solutions associated with the use, design, development, testing, and distribution of the Custom Work Product and improvements to such existing software and related technology, which technology is owned by ADVANCED WEB SOLUTIONS LLC or its suppliers and used by ADVANCED WEB SOLUTIONS LLC in the development effort hereunder.

H. "Intellectual Property" means intellectual property or proprietary rights, including but not limited to copyright rights, moral rights, patent rights (including patent applications and disclosures), rights of priority, mask work rights, and trade secret rights, recognized in any country or jurisdiction in the world.

I. "Web Site" means Customer's Internet presence, identified by the domain name provided by Customer.

J. "Hosting Services" means the services described in Section 3 of this Agreement.

K. "ADVANCED WEB SOLUTIONS LLC's Content" means any and all material developed by ADVANCED WEB SOLUTIONS LLC and made available for use by Customer, including any designing of Customer's Web Site, and templates prepared by ADVANCED WEB SOLUTIONS LLC for use by Customer.

2. WEB SITE DEVELOPMENT SERVICES

A. Development Services. ADVANCED WEB SOLUTIONS LLC agrees to provide web site development, and related services.

B. Acceptance. The Deliverables shall be deemed to be accepted (a) upon completion of website. Customer shall not unreasonably withhold or delay acceptance.

3. SOFTWARE AND HOSTING SERVICES

A. Hosting Services. ADVANCED WEB SOLUTIONS LLC shall provide storage for the Software, and content of Customer's Web Site and make it available for end-users to access;

4. FEES

A. Fees. In consideration of the Design and Development Services and Hosting services, Customer will pay to ADVANCED WEB SOLUTIONS LLC all fees due according to the prices and terms listed on the ADVANCED WEB SOLUTONS LLC website. All sales are final, and ADVANCED WEB SOLUTIONS LLC offers no partial or full refunds of any kind on any purchase. ADVANCED WEB SOLUTIONS LLC offers no partial or full refunds whatsoever on the Setup Fee, the purchase or set-up of an SSL Certificate or on any other product or service offered through ADVANCED WEB SOLUTIONS LLC.

B. Payment. Development and setup fees are due immediately. For Hosting services ADVANCED WEBSOLUTIONS LLC will invoice Customer once a month and all payments are due within five (5) days after ADVANCED WEB SOLUTIONS LLC submits its invoice. If a payment is returned or rejected by ADVANCED WEB SOLUTIONS LLC's bank, or incurs additional costs for ADVANCED WEB SOLUTIONS LLC (e.g., bank fees) for any reason, then Customer shall pay a service fee of $40 and reimburse all such fees and costs incurred by ADVANCED WEB SOLUTIONS LLC, and Customer shall be immediately deemed to be in default of this Agreement. All amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is less, until fully paid. If Customer defaults, Customer agrees to pay ADVANCED WEB SOLUTIONS LLC its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights.

C. Taxes. All fees charged by ADVANCED WEB SOLUTIONS LLC for the Services and Deliverables are exclusive of all taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Deliverables, all of which Customer will be responsible for and will pay in full, except for taxes based on ADVANCED WEB SOLUTIONS LLC's net income. If ADVANCED WEB SOLUTIONS LLC is required to pay directly any such taxes, Customer will, upon receipt of ADVANCED WEB SOLUTIONS LLC's invoice, promptly reimburse ADVANCED WEB SOLUTIONS LLC for any such taxes paid by ADVANCED WEB SOLUTIONS LLC.

D. Change in Fees. ADVANCED WEB SOLUTIONS LLC may change its fee schedules on a sixty (60) day notice by postal mail, electronic mail, or by posting the change on ADVANCED WEB SOLUTIONS LLC's own Web Site. Upon such notice, Customer shall have thirty (30) calendar days prior to the effective date of the fee schedule to notify ADVANCED WEB SOLUTIONS LLC by certified postal mail should it not agree to such rate increase and that Customer wishes to terminate this Agreement.

5. SUBLICENSE

Customer may not sublicense or resell any of ADVANCED WEB SOLUTIONS LLC's Services to any third parties without the prior written permission of ADVANCED WEB SOLUTIONS LLC. As an example, Customer may not provide Web Hosting services to any third party without ADVANCED WEB SOLUTIONS LLC's prior written permission. Any attempts to do so would be considered a material breach and grounds for termination of this Agreement.

6. USE OF CUSTOMER'S NAME AND TRADEMARKS

Customer hereby grants ADVANCED WEB SOLUTIONS LLC a non-exclusive right and license to use Customer's name and such of Customer's trade names, trademarks, and service marks (collectively, "Customer's Marks") as are listed on Customer's Content or otherwise provided to ADVANCED WEB SOLUTIONS LLC in connection with this Agreement (a) on ADVANCED WEB SOLUTIONS LLC's own Web Sites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing ADVANCED WEB SOLUTIONS LLC's Services, and, (c) in applications reasonably necessary and ancillary to the foregoing. Customer may use ADVANCED WEB SOLUTIONS LLC's trade name, trademarks, and service marks (collectively, "ADVANCED WEB SOLUTIONS LLC's Marks") in advertising and publicity in conjunction with the offering of Customer's Content via ADVANCED WEB SOLUTIONS LLC, provided that Customer shall submit copy to ADVANCED WEB SOLUTIONS LLC for its prior written approval, and provided further that under no circumstances shall such use imply that ADVANCED WEB SOLUTIONS LLC endorses, sponsors, certifies, approves or is responsible for Customer's Content. Notwithstanding the foregoing, Customer need not obtain ADVANCED WEB SOLUTIONS LLC's prior written approval where use of ADVANCED WEB SOLUTIONS LLC's Marks is limited to inclusion in a list of systems via which Customer's Content is available.

7. TERM AND TERMINATION

A. Term. The term of this Hosting Services Agreement shall begin on the Effective Date, and shall continue on a month to month basis, unless either Party gives the non-terminating Party Thirty (30) days notice of its election to terminate this Agreement.

B. Termination for Breach. Each Party shall have the right to terminate this Agreement upon Fifteen (15) days prior written notice if the other Party is in material breach of any term of this Agreement, including without limitation the payment of monies, and the breaching Party fails to remedy such breach within the fifteen day notice period.

C. Canceling Accounts. To cancel your account, your request must be received in writing by certified mail. Please send your written request to ADVANCED WEB SOLUTIONS LLC., 8920 N 23rd Ave Phoenix, AZ 85021. To ensure that you are not billed for another month of service, you must cancel your account before your billing cycle due date. All accounts requesting cancellation are terminated upon receipt of submission. Cancellation requests submitted prior to the completion of a billing cycle will not receive a prorated refund.

8. CUSTOMER'S CONTENT

A. Ownership of Content. Customer acknowledges and agrees that (a) unless expressly stated elsewhere, ADVANCED WEB SOLUTIONS LLC has no proprietary, financial, or other interest in Customer's Content; (b) ADVANCED WEB SOLUTIONS LLC does not, by virtue of offering or hosting Customer's Content, edit, distribute, market, sublicense, publish, or otherwise provide Customer's Content to end users; and (c) Customer is solely responsible for the information, data, graphics, text, quality, performance, and all other aspects of its Content. Customer warrants that it owns or has the right to use and offer the Content in connection with Customer's Marks in the manner in which such Content is offered and will be offered by Customer during the term of this Agreement. Customer represents and warrants that it has full power and authority under all relevant laws and regulations to offer and sell the goods and services offered, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of goods or services offered, and to copy and display the materials used or displayed on the website.

B. Protection of Content. Customer acknowledges and agrees that Customer is solely responsible for ensuring the integrity of its Content. Although ADVANCED WEB SOLUTIONS LLC may, from time to time, provide data backup services, Customer is advised that ADVANCED WEB SOLUTIONS LLC in no way is responsible for any damages resulting from the loss of Customer's Content, regardless of the reason for such loss. Customer is solely responsible for backing up/archiving Customer's Content.

9. ADVANCED WEB SOLUTIONS LLC'S CONTENT

Upon payment of any fees charged for the development of ADVANCED WEB SOLUTIONS LLC's Content, ADVANCED WEB SOLUTIONS LLC hereby provides Customer with a non-exclusive, royalty-free, irrevocable, non-supported license to use ADVANCED WEB SOLUTIONS LLC's Content as part of Customer's Web Site.

10. RIGHTS IN DATA AND WORKS

A. Grant of License. Upon final and full payment of all fees associated with the Deliverables, ADVANCED WEB SOLUTIONS LLC grants to Customer a limited, non exclusive, license to use, reproduce, display, and perform, works based upon the Deliverables, ADVANCED WEB SOLUTIONS LLC Technology, the Generic Modules, and all Intellectual Property rights contained in the Custom Work Product. This license shall only extend to the extent necessary for the Customer to maintain a Web Site while hosted with ADVANCED WEB SOLUTIONS LLC.

B. ADVANCED WEB SOLUTIONS LLC's Rights. Custom Work Product, Software, ADVANCED WEB SOLUTIONS LLC's Content, ADVANCED WEB SOLUTIONS LLC Technology, the Generic Modules, and all Intellectual Property rights contained therein are and will remain the sole and exclusive property of ADVANCED WEB SOLUTIONS LLC.

C. ADVANCED WEB SOLUTIONS LLC's Rights to Customer Content. Customer grants to ADVANCED WEB SOLUTIONS LLC a non exclusive, worldwide, perpetual, royalty free license to reproduce, modify, display, perform, adapt, transmit, distribute, improve, and otherwise use the Customer Content in connection with ADVANCED WEB SOLUTIONS LLC's performance under this Agreement.

D. ADVANCED WEB SOLUTIONS LLC's Right to Re-Use Deliverables. Customer understands and specifically acknowledges that ADVANCED WEB SOLUTIONS LLC may, in its sole discretion, use some or all of the Deliverables (excluding Customer Content) in the future in commercial development projects for other customers. Nothing in this Agreement shall be construed to limit ADVANCED WEB SOLUTIONS LLC's right to do so or to use any information in non-tangible form retained by ADVANCED WEB SOLUTIONS LLC as ideas, information and understandings retained in the human memories of its employees, contractors and agents, provided that ADVANCED WEB SOLUTIONS LLC may only use information of general applicability and not Customer's Confidential Information. This provision shall not be construed to operate to grant ADVANCED WEB SOLUTIONS LLC any rights under Customer's patents or copyrights.

E. Customer to Cooperate. Customer will provide reasonable assistance and cooperation to ADVANCED WEB SOLUTIONS LLC to acquire, transfer, maintain, perfect, and/or enforce the Intellectual Property rights in the Web Site (excluding Customer Content) and Custom Work Product, including, but not limited to, execution of a formal assignment or such other documents as may be reasonably requested by ADVANCED WEB SOLUTIONS LLC. Customer hereby appoints the officers of ADVANCED WEB SOLUTIONS LLC as Customer's attorneys in fact to execute such documents on Customer's behalf for this purpose.

F. Security Interest. To the extent that Customer has any interest or right with respect to the Deliverables, such interest or right shall be subject to (and Customer hereby grants to ADVANCED WEB SOLUTIONS LLC) a security interest to the extent of the difference between the payments that are due and are actually made by the Customer for such Deliverables and the fees set forth in Exhibit A. Upon request of ADVANCED WEB SOLUTIONS LLC, Customer shall execute any instrument required to perfect such security interest.

11. POINT OF CONTACT

Customer shall designate a single Point of Contact. Customer's Point of Contact shall have full authority to enter into agreements and make binding decisions on behalf of Customer. Customer agrees that ADVANCED WEB SOLUTIONS LLC may rely on representations made by Customer's Point of Contact. Customer may change its Point of Contact at any time by giving written notice to ADVANCED WEB SOLUTIONS LLC in accordance with the notice provisions of this Agreement. ADVANCED WEB SOLUTIONS LLC is under no obligation to accept instructions from anyone other than the Point of Contact.

12. CUSTOMER'S INDEMNIFICATION

Customer shall indemnify and hold harmless ADVANCED WEB SOLUTIONS LLC from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to Customer's provision, or an end user's use, of Customer's Content, or any act, error, or omission of Customer in connection therewith, including but not limited to matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property or other right; or violation of any applicable law.

13. WARRANTIES

Each party warrants and represents to the other party that it has the complete right to enter into and perform its responsibilities under this Agreement.

14. DISCLAIMER OF WARRANTIES

THE FOREGOING WARRANTIES ARE MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ADVANCED WEB SOLUTIONS LLC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR ADVANCED WEB SOLUTIONS LLC ANY OTHER LIABILITY IN CONNECTION WITH ANY SERVICES PROVIDED UNDER THIS AGREEMENT. ADVANCED WEB SOLUTIONS LLC DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES PROVIDED WILL BE ERROR FREE.

15. LIMITATION OF LIABILITY

ADVANCED WEB SOLUTIONS LLC ASSUMES NO RESPONSIBILITY WITH RESPECT TO CUSTOMER'S OR END USER'S USE OF THE SERVICES AND SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF ADVANCED WEB SOLUTIONS LLC IS AWARE OF THE POSSIBILITY THEREOF. ADVANCED WEB SOLUTIONS LLC SHALL IN NO EVENT BE LIABLE FOR MORE THAN THE TOTAL FEES ACTUALLY RECEIVED BY IT FROM CUSTOMER FOR THE SERVICES DURING ANY 12-MONTH PERIOD.

16. NO ASSIGNMENT BY CUSTOMER

Customer may not assign this Agreement without the prior written consent of ADVANCED WEB SOLUTIONS LLC, which ADVANCED WEB SOLUTIONS LLC may refuse in its sole discretion. Any attempt by Customer to assign this Agreement without prior written permission shall be deemed null and void. ADVANCED WEB SOLUTIONS LLC may assign this Agreement, which shall be effective upon written notice provided to Customer.

17. ACCEPTABLE USE POLICIES

A. Acceptable Use Policy. ADVANCED WEB SOLUTIONS LLC maintains on its Web site ADVANCED WEB SOLUTIONS LLC's then-current Acceptable Use Policy ("AUP"). Customer agrees to abide by the AUP. ADVANCED WEB SOLUTIONS LLC may modify its AUP at any time, and shall post the then-current AUP on ADVANCED WEB SOLUTIONS LLC's Web site, which will be effective upon posting.

B. End Users to Comply with AUP. Customer acknowledges that ADVANCED WEB SOLUTIONS LLC may terminate an end user's access to Customer's Web Site for noncompliance with ADVANCED WEB SOLUTIONS LLC's AUP. ADVANCED WEB SOLUTIONS LLC may thus terminate such end user's access to Customer's Content even if the end user has not violated Customer's own terms and conditions of use of its Web Site. ADVANCED WEB SOLUTIONS LLC acknowledges that Customer may terminate a User's access to Customer's Content for noncompliance with Customer's terms and conditions.

18. SECURITY

Customer acknowledges that the Internet is not a secure or completely reliable system, and that the purpose of the Hosting Services is to allow end users easy access to Customer's Content. ADVANCED WEB SOLUTIONS LLC will take those precautions ADVANCED WEB SOLUTIONS LLC deems reasonable in its sole discretion to secure Customer's Web Site from attack, but ADVANCED WEB SOLUTIONS LLC makes no warranty that there will be no outages or interruptions of service, or that Customer's Content will be secure against attack of any form by end users or other third parties.

19. PROHIBITED PRACTICES

ADVANCED WEB SOLUTIONS LLC shall have no duty or obligation to monitor Customer's Content or any other Content provided or distributed by others, and ADVANCED WEB SOLUTIONS LLC shall not edit or otherwise exercise any control over Customer's Content. Nevertheless, ADVANCED WEB SOLUTIONS LLC may, in its sole discretion at any time, without notice to Customer, and without liability to Customer, remove from public view, disconnect, or terminate the hosting of any of Customer's Content or other Content that ADVANCED WEB SOLUTIONS LLC deems in its sole discretion to be offensive or illegal, for any one or more of the following reasons: (i) the content is adjudicated to be in violation of the laws of the state where the server resides; illegal or sexually explicit Content or activities, or any Content that allegedly violates the law, rules or regulations of any country or subdivision thereof; (ii) the content constitutes harassment of Users, including, but not limited to, by means of Customer's billing practices; or (iii) Customer's noncompliance with or material breach of any of the terms and conditions of the AUP or this Agreement.; or (iv) claims made by third parties against ADVANCED WEB SOLUTIONS LLC that Customer or any of its end users has engaged in one or more of the above practices.

20. NOTICES OF TRADEMARK AND COPYRIGHT INFRINGEMENT

To cover the increasing cost of processing DMCA, trademark, and copyright infringement claims, ADVANCED WEB SOLUTIONS LLC reserves the right to charge a $250 processing fee for each instance of notification received from a legitimate copyright holder. ADVANCED WEB SOLUTIONS LLC reserves the right to close any store that, upon notification, fails to comply with a legitimate infringement claim within the specified time.

21. NOTICES

(i) Any notice or other communication ("Notice") required or permitted under this Agreement shall be in writing and either delivered personally or sent by facsimile, overnight delivery, express mail, or certified or registered mail, postage prepaid, return receipt requested, to the address listed above in this Agreement, for ADVANCED WEB SOLUTIONS LLC or the address provided in the application form submitted with the payment for Customer; (ii) a Notice delivered personally shall be deemed given only if acknowledged in writing by the person to whom it is given. A Notice sent by facsimile shall be deemed given when transmitted, provided that confirmation of that transmission was received. A Notice sent by overnight delivery or express mail shall be deemed given twenty-four (24) hours after having been sent. A Notice that is sent by certified mail or registered mail shall be deemed given forty eight (48) hours after it is mailed. If any time period in this Agreement commences upon the delivery of Notice to any one or more parties, the time period shall commence only when all of the required Notices have been deemed given; (iii) either party may designate, by Notice to the other, substitute addresses, addressees or facsimile numbers for Notices, and thereafter, Notices are to be directed to those substitute addresses, addressees or facsimile numbers.

22. MISCELLANEOUS

(i) The laws of the State of Arizona shall govern the validity and construction of this Agreement and any dispute arising out of or relating to this Agreement, without regard to the principles of conflict of laws; (ii) THE PARTIES SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF ARIZONA, AND AGREE TO VENUE IN TRAVIS COUNTY, ARIZONA; (iii) a ruling by any court that one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect shall not affect any other provision of this Agreement. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had been amended to the extent necessary to be enforceable within the jurisdiction of the court making the ruling and to preserve the transactions originally contemplated by this Agreement to the greatest extent possible; (iv) the section and subsection headings have been included for convenience only, are not part of this Agreement and shall not be taken as an interpretation of any provision of this Agreement.; (v) this Agreement may be amended, waived, changed, modified or discharged only by an agreement in writing signed by all of the parties; (vi) this Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and there are no representations, promises, warranties, covenants or understandings with respect thereto other than those contained in this Agreement. Without limiting the generality of the foregoing, it is expressly agreed that the terms of any purchase order issued by Customer with respect to the Deliverables provided under this Agreement shall not be applicable and that any acceptance of such purchase order by ADVANCED WEB SOLUTIONS LLC shall be for acknowledgment purposes only; (vii) failure to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of that term, covenant or condition or of any other term, covenant or condition of this Agreement. Any waiver or relinquishment of any right or power hereunder at any one or more times shall not be deemed a waiver or relinquishment of that right or power at any other time; (viii) the remedies set forth in this Agreement are cumulative and are in addition to any other remedies allowed by law. Resort to one form of remedy shall not constitute a waiver of alternate remedies; (ix) wherever used in this Agreement, the singular shall include the plural, and the plural shall include the singular. The use of any gender, tense or conjugation shall include all genders, tenses and conjugations; (x) the Parties are independent contractors and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership; and (xi) this Agreement is only between ADVANCED WEB SOLUTIONS LLC and Customer, and does not make any third-party a beneficiary of this Agreement, whether known or contemplated by either party. Further, this Agreement does not make Customer a third-party beneficiary of any agreement that ADVANCED WEB SOLUTIONS LLC may have with third parties, nor does this Agreement make ADVANCED WEB SOLUTIONS LLC a third-party beneficiary of any agreement that Customer may have with third parties.

Refund Policy

Advanced Web Solutions (referred hereinafter as "Advanced Web Solutions", "AWS", "adwebpro", "our", "we" and "us") is a web hosting provider. Under this Refund Policy, your puchace of services is an acknowledgement that you have read, understand, and agree to be bound by the terms and conditions described below.

All advertising services are guaranteed to be delivered as promised and ordered.

All advertising sales are final and there will be no refunds or charge backs allowed for fulfilled orders.

If an order is placed, and the service is not delivered, a full refund will be given and made available.

Whether a visitor converts to sale, is entirely up to the independent visitor.

AWS makes no guarantees as to sales, conversions or information gathering.

AWS does not guarantee that viewers that see a customers ad will buy or shop the customers products.

Any assumptions, income scenarios or otherwise misleading statements regarding the guarantee of income based upon a customers advertising are hereby declared null and void as per this disclosure.

AWS does not at any time during the process of an advertising sale infer, insinuate or otherwise intend that a customer is guaranteed to make any income off of any form of advertising.

The purchasing of advertising is not an investment but a purchase of services and customer understands that AWS will fulfill all paid orders to the best of its ability.

All orders and services are guaranteed to be fulfilled as ordered.

Learning Center