Designated Agent under 17 U.S.C. 512(e) Receiving Complaints and Infringement Claims
Pursuant to 17 U.S.C. 512(e), notice is hereby given that the person identified below is designated as D.W. Moore & Associates' agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement.
By using this site, you agree to respect our trademarks and site usage terms and conditions. Please contact us with questions or inquiries.
D.W. Moore & Associates, Inc. makes every effort to ensure that all information displayed on this web site is accurate and complete, but it is not liable for any errors, inaccuracies or omissions. Information is liable to change at short notice. The links contained in this site are displayed for ease of access, but D.W. Moore & Associates, Inc. is in no way responsible for any information displayed on any other web site. Please read these terms carefully prior to using D.W. Moore & Associates, Inc. web site.
By using this site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use the site. D.W. Moore & Associates, Inc. may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified agreement.
All product names or services mentioned are trademarks or registered trademarks of their respective owners.
Limitation of Warranty and Disclaimers
In no event shall D.W. Moore & Associates, Inc. be liable for any damages whatsoever, and in particular shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any D.W. Moore & Associates, Inc. Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that D.W. Moore & Associates, Inc. cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Web Site and the Internet. D.W. Moore & Associates, Inc. does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Web Site, any merchandise, information or service provided through the Web Site or on the Internet generally, and D.W. Moore & Associates, Inc. shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the Web Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Content and Liability Disclaimer
D.W. Moore & Associates, Inc. shall not be responsible for any errors or omissions contained at this Web Site, and does not warrant that defects in the Web Site will be corrected. D.W. Moore & Associates, Inc. reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, D.W. Moore & Associates, Inc. has no liability to make changes to existing product(s) and /or content. D.W. Moore & Associates, Inc. does not warrant that the Web Site will be uninterrupted. Accordingly, all D.W. Moore & Associates, Inc. and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND. In no event will D.W. Moore & Associates, Inc. be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use the Web Site, or any information, or transactions provided on the Web Site or downloaded from the Web Site, even if D.W. Moore & Associates, Inc. or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Web Site. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, D.W. Moore & Associates, Inc.'s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless D.W. Moore & Associates, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your submissions to the Web Site (including negligent or wrongful conduct).
This Agreement shall all be governed and construed in accordance with the laws of the State of Utah, United States of America. You agree that any legal action or proceeding between D.W. Moore & Associates, Inc. and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. D.W. Moore & Associates, Inc.'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. D.W. Moore & Associates, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use.
D.W. Moore & Associates, Inc. reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, specifications, availability, plans, and terms and conditions associated with the Web Site at any time, without notice, and without incurring obligations or liability of any kind.