WARDJet INC. (“WARDJet”, “WE” OR “US”) Internet web
site Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN
YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL
CONTRACT BETWEEN YOU AND WARDJet AND GOVERN YOUR ACCESS TO, AND USE OF,
THE WARDJet WEBSITE LOCATED AT WWW.WARDJET.COM TOGETHER WITH THE SERVICES
AND PRODUCTS AVAILABLE THROUGH THIS SITE (THE “SITE”). IF
YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE
USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF
THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE
TERMS SET FORTH BELOW. WARDJet MAY MAKE CHANGES TO THE CONTENT, PRODUCTS
AND SERVICES OFFERED ON THIS SITE AT ANY TIME. WARDJet CAN CHANGE THESE
TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND WARDJet
MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT
CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED
THE CHANGE.
General Use Restrictions.
WARDJet provides content and services through this Site. Certain information,
documents, products and services provided on and through this Site,
including content, logos, graphics and images (together, the “Materials”)
that are not Submissions (as defined below) are provided to you by WARDJet
and are the copyrighted and/or trademarked work of WARDJet or WARDJet’s
contributors.
WARDJet grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
Password Restricted
Areas of this Site.
You will need a password to login to this Site and to use certain
functions and areas within this Site. You are responsible for maintaining
the confidentiality of your password and account, and agree to notify
WARDJet if your password is lost, stolen, or disclosed to an unauthorized
third party, or otherwise may have been compromised. You are responsible
for all activities that occur under your account. You agree to immediately
notify WARDJet of any unauthorized use of your account or any other breach
of security in relation to this Site known to you.
Purchases.
You agree to pay
all fees or charges to your account based on WARDJet’s fees, charges,
and billing terms in effect as shown upon checkout.
Except as expressly stated on the Site, all prices displayed on the
Site are WARDJet’s standard list retail prices. You are responsible
for paying any taxes that may apply. If you do not pay on time or if
WARDJet cannot charge your credit card, PayPal or other payment method for
any reason, WARDJet reserves the right to either suspend or terminate your
access to the Site and account and terminate these Terms. You are expressly
agreeing that WARDJet is permitted to bill you for the applicable fees,
any applicable tax and any other charges you may incur in connection
with your use of this Site and the fees will be billed to your credit
card or other payment method designated on your initial registration
with this Site, and thereafter at regular intervals for the remainder
of the term of these Terms. If you cancel your account at any time,
you will not receive any refund. If you have a balance due on any account,
you agree that WARDJet may charge such unpaid fees to your credit card or
otherwise bill you for such unpaid fees.
Correction of
Errors and Inaccuracies.
The information
on this Site may contain typographical errors or inaccuracies and may
not be complete or current. We therefore reserve the right to correct
any errors, inaccuracies or omissions and to change or update information
at any time without prior notice (including after you have submitted
your order). Please note that such errors, inaccuracies or omissions
may relate to product description, pricing and availability. We also
reserve the right to limit quantities (including after you have submitted
your order). We apologize for any inconvenience this may cause you.
The risk of loss and title to items purchased from this Site pass to
the purchaser upon our delivery to the carrier.
Privacy Policy.
Your use of this site is governed by the WARDJet Privacy Policy, which is available at http://www.wardjet.com/privacy.html (the "Privacy Policy").
Third Party Content.
Certain information and other content that are not Submissions may
be provided by third party licensors and suppliers to WARDJet (“Third
Party Content”). The Third Party Content is, in each case, the
copyrighted and/or trademarked work of the creator/licensor. You agree
to only display the Third Party Content on your personal computer solely
for your personal use. You acknowledge and agree that you have no right
to download, cache, reproduce, modify, display (except as set forth
in this paragraph), edit, alter or enhance any of the Third Party Content
in any manner unless you have permission from the owner of the Third
Party Content. WARDJet DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES
AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT
LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links to Third Party Sites.
This Site may be linked to other sites that are not WARDJet sites. WARDJet
is providing these links to you only as a convenience, and WARDJet is not
responsible for such linked sites, including, without limitation, the
content or links displayed on such sites.
Submissions.
You acknowledge that you are responsible for the postings, information,
photos, financial and contact information, graphics, sounds and other
content or material that you submit, upload, post or otherwise make
available on or through the Site (each a “Submission”) through
the services available in connection with this Site, and that you, and
not WARDJet, have full responsibility for each such Submission you make,
including its legality, reliability, appropriateness, and trademark
and copyright ownership. Unless otherwise explicitly stated herein or
in the WARDJet Privacy Policy, you agree that any Submission provided by
you in connection with this Site is provided on a non-proprietary and
non-confidential basis. You agree that WARDJet is free to use a Submission
for the purpose of providing you with the associated services and you
grant WARDJet a sublicensable, nonexclusive, worldwide, royalty-free license
to (in any media, whether now known or not currently known or invented)
link to, utilize, use, publicly perform, publicly display, reproduce,
distribute, modify and prepare derivative works of the Submission. Additionally,
WARDJet agrees to use all of your Submissions in accordance with WARDJet’s
Privacy Policy applicable to personally identifiable information. YOU
RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS
APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WARDJet, SUCH AS YOUR SUBMISSIONS.
You further agree that you will not upload, post or otherwise make available
on this Site any material protected by copyright, trademark, or any
other proprietary right without the express permission of the owner
of such copyright, trademark or other proprietary right owned by a third
party, and the burden of determining whether any material is protected
by any such right is on you. You shall be solely liable for any damage
resulting from any infringement of copyrights, trademarks, proprietary
rights, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to WARDJet set forth in this section and have received all necessary rights and authorizations, (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Submission is accurate and its accuracy will be maintained by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.
When submitting
Submissions to or otherwise using this Site and/or the services, you
agree not to, without limitation:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images
(actual or simulated).
Post anything that exploits children or minors or that depicts cruelty
to animals.
Post any copyrighted or trademarked materials without the express permission
from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional
materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes',
or any other form of such solicitation.
Use robots, spiders or other automatic means to harvest user data.
Use any of the Materials, Submissions or Third Party Content in a manner
that is competitive to the Site.
This list of prohibitions provides examples and is not complete or exclusive. WARDJet reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that WARDJet determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. WARDJet may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at WARDJet’s discretion, WARDJet will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require WARDJet to monitor, police or remove any Submissions or other information submitted by you or any other user.
Unauthorized
Activities.
Submissions and unauthorized use of any Materials or Third Party
Content contained on this Site may violate certain laws and regulations.
You agree to indemnify and hold WARDJet and its officers, directors, employees,
affiliates, agents, licensors, and business partners harmless from and
against any and all costs, damages, liabilities, and expenses (including
attorneys’ fees and costs of defense) WARDJet or any other indemnified
party suffers in relation to, arising from, or for the purpose of avoiding,
any claim or demand from a third party that your use of this Site or
the use of this Site by any person using your user name and/or password
(including without limitation, your participation in the posting areas
or, your Submissions) violates any applicable law or regulation, or
the copyrights, trademark rights or other rights of any third party.
Proprietary Rights.
WARDJet is a trademark of WARDJet in the United States. Other trademarks,
names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens
appearing on this Site, including documents, services, site design,
text, graphics, logos, images and icons, as well as the arrangement
thereof, are the sole property of WARDJet, Copyright © 2009 WARDJet.
All rights not expressly granted herein are reserved. Except as otherwise
required or limited by applicable law, any reproduction, distribution,
modification, retransmission, or publication of any copyrighted material
is strictly prohibited without the express written consent of the copyright
owner or license.
Disclaimer of
Warranties.
Your use of this Site and/or the services is at your own risk. Neither
the Materials, Submissions nor the Third Party Content have been verified
or authenticated in whole or in part by WARDJet, and they may include inaccuracies
or typographical or other errors. WARDJet does not warrant the accuracy
of timeliness of the Materials, Submissions or the Third Party Content
contained on this Site. WARDJet has no liability for any errors or omissions
in the Materials, Submissions and/or the Third Party Content, whether
provided by WARDJet or our licensors. It is your responsibility to independently
investigate the accuracy and completeness, of the Materials, Submissions
and/or Third Party Content on this Site.
WARDJet, FOR ITSELF
AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS,
WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES
OR THE PRODUCTS OFFERED ON THIS SITE, ANY MATERIALS, SUBMISSIONS OR
THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED
ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD
PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS
OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THIS SITE, THE PRODUCTS, THE SERVICES, MATERIALS, THIRD PARTY CONTENT,
SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED
ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF THIRD PARTY RIGHTS. WARDJet DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES,
SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THE FOREGOING
DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY SHIPPED TO YOU OR
PROVIDED TO YOU WITH THE PRODUCT.
Limitation of Liability.
WARDJet SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING,
COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS
TO OR FROM THIS SITE. IN NO EVENT SHALL WARDJet BE LIABLE TO YOU FOR ANY
INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE
OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WARDJet KNOWS THERE
IS A POSSIBILITY OF SUCH DAMAGE.
CERTAIN STATES DO
NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Local Laws; Export Control.
WARDJet controls and operates this Site from its headquarters in the
United States of America and the Materials, Submissions and/or Third
Party Content may not be appropriate or available for use in other locations.
If you use this Site outside the United States of America, you are responsible
for following applicable local laws.
General.
If you violate these Terms, WARDJet may terminate and/or suspend your
access to this Site without notice. WARDJet prefers to advise you of your
inappropriate behavior and to recommend any necessary corrective action.
However, certain violations of these Terms, as determined by WARDJet, may
result in immediate termination of your access to this Site. WARDJet has
the right to terminate any password-restricted account for any reason.
California law and controlling U.S. federal law, without regard to the
choice or conflicts of law provisions, will govern these Terms. Any
disputes relating to these Terms or this Site will be heard in the courts
located in California. If any of these Terms is found to be inconsistent
with applicable law, then such term shall be interpreted to reflect
the intentions of the parties, and no other terms will be modified.
WARDJet’s failure to enforce any of these Terms is not a waiver of
such term. These Terms are the entire agreement between you and WARDJet
and supersede all prior or contemporaneous negotiations, discussions
or agreements between you and WARDJet about this Site. The proprietary rights,
disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any termination
of these Terms.
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