TERMS OF SERVICE
Last
updated January 01,
2022
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and Wredia Co.
LLC
, doing business as Wredia
Co.
("
Wredia Co.
," “we," “us," or
“our”), concerning your access to and use of the https://wredia.com website as well as any
other media form, media channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the “Site”).
We are registered in
Nebraska, United
States
and have our registered office at
1304 West 4th
Street
,
North Platte
, NE
69101
.
You agree that by
accessing the Site, you have read, understood, and agreed to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes
by updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms
apply. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the
extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
The Site is
intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and the
Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By
using the Site, you represent and warrant that:
(1) all registration
information you submit will be true, accurate, current, and
complete; (2) you will maintain
the accuracy of such information and promptly update such
registration information as necessary
;
(3) you have the
legal capacity and you agree to comply with these Terms of
Use;
(4) you are not a minor in the
jurisdiction in which you reside
; (5) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise; (6) you will not use the Site for
any illegal or unauthorized purpose; and (7) your use of the Site will not
violate any applicable law or regulation.
If you
provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
You
may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
You may
not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
-
Systematically
retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
-
Trick,
defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such
as user passwords.
-
Circumvent,
disable, or otherwise interfere with security-related
features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content
contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the Site.
-
Use
any information obtained from the Site in order to
harass, abuse, or harm another
person.
-
Make
improper use of our support services or submit false
reports of abuse or
misconduct.
-
Use
the Site in a manner inconsistent with any applicable
laws or regulations.
-
Engage
in unauthorized framing of or linking to the
Site.
-
Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation,
or maintenance of the
Site.
-
Engage
in any automated use of the system, such as using
scripts to send comments or messages, or using any data
mining, robots, or similar data gathering and extraction
tools.
-
Delete
the copyright or other proprietary rights notice from
any Content.
-
Attempt
to impersonate another user or person or use the
username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information
collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”),
1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive
collection mechanisms” or
“pcms”).
-
Interfere
with, disrupt, or create an undue burden on the Site or
the networks or services connected to the
Site.
-
Harass,
annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to
you.
-
Attempt
to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the
Site.
-
Copy
or adapt the Site’s software, including but not limited
to Flash, PHP, HTML, JavaScript, or other
code.
-
Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Site.
-
Except
as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or
launching any unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on
the Site.
-
Make
any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic
or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or
under false
pretenses.
-
Use
the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial
enterprise.
-
Use
the Site to advertise or offer to sell goods and
services.
-
Sell
or otherwise transfer your
profile.
6. USER
GENERATED CONTRIBUTIONS
The Site may invite you to chat,
contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or
make available any Contributions, you thereby represent and warrant
that:
- The creation,
distribution,
transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
- You are the
creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize
us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and
these Terms of Use.
- You have the
written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual
person to enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
- Your
Contributions are not false, inaccurate, or misleading.
- Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your
Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or
rule.
- Your
Contributions do not violate the privacy or publicity rights of
any third party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors.
- Your
Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable
law or regulation.
Any
use of the Site in violation of the foregoing violates these Terms
of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
By
posting your Contributions to any part of the Site
, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host,
use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions,
and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media formats and through any
media channels.
This
license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We
do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on
the Site. You are solely responsible for your Contributions to the
Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us
regarding your Contributions.
We have
the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.
8. GUIDELINES
FOR REVIEWS
We may
provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have
firsthand experience with the person/entity being reviewed; (2) your reviews
should not contain offensive profanity, or abusive, racist, offensive, or hate
language; (3) your reviews should not contain discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to
illegal activity; (5) you should not be affiliated with competitors if posting
negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether positive
or negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to reviews.
9. SUBMISSIONS
You acknowledge and agree that any
questions, comments, suggestions, ideas, feedback, or other information regarding
the Site ("Submissions") provided by you to us are non-confidential and shall become
our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are original with you
or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.
10. THIRD-PARTY
WEBSITE AND CONTENT
The Site may contain (or you may be
sent via the Site) links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from
third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless from any harm
caused by your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
12. PRIVACY
POLICY
We
care about data privacy and security. By using the
Site, you agree
to be bound by our Privacy Policy posted on the Site, which
is incorporated into these Terms of Use. Please be advised
the Site is hosted in
the United
States
. If you access the Site from any other
region of the world with laws or other requirements
governing personal data collection, use, or disclosure that
differ from applicable laws in
the United
States
, then through your continued use of the
Site, you are transferring your data to
the United
States
, and you agree to have your data
transferred to and processed in
the United
States
.
13. DIGITAL
MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the
intellectual property rights of others. If you believe that any material
available on or through the Site
infringes upon any copyright you own or control, please immediately notify
our
Designated Copyright Agent using the contact information provided below (a
“Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be
advised that pursuant to federal law you may be held liable for damages if
you
make material misrepresentations in a Notification. Thus, if you are not
sure
that material located on or linked to by the Site infringes your copyright,
you
should consider first contacting an attorney.
All Notifications
should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the
following information: (1) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (2) identification of the copyrighted work claimed to
have
been infringed, or, if multiple copyrighted works on the Site are covered by
the Notification, a representative list of such works on the Site; (3)
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; (4) information reasonably sufficient to permit us to contact
the
complaining party, such as an address, telephone number, and, if available,
an
email address at which the complaining party may be contacted; (5) 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 (6) 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 upon.
If you believe
your own copyrighted material has been removed from the Site as a result of
a
mistake or misidentification, you may submit a written counter notification
to
[us/our Designated Copyright Agent] using the contact information provided
below (a “Counter Notification”). To be an effective Counter Notification
under
the DMCA, your Counter Notification must include substantially the
following:
(1) identification of the material that has been removed or disabled and the
location at which the material appeared before it was removed or disabled;
(2)
a statement that you consent to the jurisdiction of the Federal District
Court
in which your address is located, or if your address is outside the United
States, for any judicial district in which we are located; (3) a statement
that
you will accept service of process from the party that filed the
Notification
or the party's agent; (4) your name, address, and telephone number; (5) a
statement under penalty of perjury that you have a good faith belief that
the
material in question was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and (6) your
physical or electronic signature.
If you send us a
valid, written Counter Notification meeting the requirements described
above,
we will restore your removed or disabled material, unless we first receive
notice from the party filing the Notification informing us that such party
has
filed a court action to restrain you from engaging in infringing activity
related to the material in question. Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes
perjury.
Designated
Copyright Agent
William Reeves
Attn: Copyright
Agent
1304
West 4th Street
North Platte
,
NE
69101
United States
These
Terms of Use shall remain in full force and effect while you use the
Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from
registering and
creating a new account under your name, a fake or borrowed name, or
the name of
any third party, even if you may be acting on behalf of the third
party. In
addition to terminating or suspending your account, we reserve the
right to
take appropriate legal action, including without limitation pursuing
civil,
criminal, and injunctive redress.
15. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve
the right to modify or discontinue all or part of the Site without
notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of
the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware,
software,
or other problems or need to perform maintenance related to the
Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue,
or otherwise
modify the Site at any time or for any reason without notice to you.
You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the
Site are governed by and construed in accordance with the laws of
the State of
Nebraska
applicable to agreements made and to be entirely performed
within
the State of Nebraska
, without regard to its conflict of law
principles.
To
expedite resolution and control the cost of any
dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the
“Disputes”) brought by either you or us
(individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes
expressly provided below) informally for at least
thirty (30) days
before initiating arbitration. Such informal
negotiations commence upon written notice from one
Party to the other Party.
If
the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally
and exclusively resolved through binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT
AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration
Association ("AAA") and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website:
www.adr.org
.
Your arbitration fees and
your share of arbitrator
compensation shall be
governed by the AAA Consumer
Rules and, where
appropriate, limited by the
AAA Consumer Rules.
If such costs
are determined
by the
arbitrator to be
excessive, we
will pay all
arbitration fees
and expenses.
The arbitration may be
conducted in person, through
the submission of documents,
by phone, or online. The
arbitrator will make a
decision in writing, but
need not provide a statement
of reasons unless requested
by either Party. The
arbitrator must follow
applicable law, and any
award may be challenged if
the arbitrator fails to do
so. Except where otherwise
required by the applicable
AAA rules or applicable law,
the arbitration will take
place in
Lincoln,
Nebraska
. Except as otherwise
provided herein, the Parties
may litigate in court to
compel arbitration, stay
proceedings pending
arbitration, or to confirm,
modify, vacate, or enter
judgment on the award
entered by the arbitrator.
If
for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or
prosecuted in the
state and federal courts
located in
Lincoln,
Nebraska
, and
the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum
non conveniens with respect to venue and
jurisdiction in such
state and
federal courts
. Application of the United Nations
Convention on Contracts for the International Sale
of Goods and the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms
of Use.
In no event shall any
Dispute brought by either Party related
in any way to the Site be commenced more
than one (1)
years after the cause of action arose.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable,
and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
The
Parties agree that any arbitration
shall be limited to the Dispute
between the Parties individually. To
the full extent permitted by law,
(a) no arbitration shall be joined
with any other proceeding; (b) there
is no right or authority for any
Dispute to be arbitrated on a
class-action basis or to utilize
class action procedures; and (c)
there is no right or authority for
any Dispute to be brought in a
purported representative capacity on
behalf of the general public or any
other persons.
Exceptions
to Informal Negotiations and
Arbitration
The
Parties agree that the following
Disputes are not subject to the
above provisions concerning informal
negotiations and binding
arbitration: (a) any Disputes
seeking to enforce or protect, or
concerning the validity of, any of
the intellectual property rights of
a Party; (b) any Dispute related to,
or arising from, allegations of
theft, piracy, invasion of privacy,
or unauthorized use; and (c) any
claim for injunctive relief. If this
provision is found to be illegal or
unenforceable, then neither Party
will elect to arbitrate any Dispute
falling within that portion of this
provision found to be illegal or
unenforceable and such Dispute shall
be decided by a court of competent
jurisdiction within the courts
listed for jurisdiction above, and
the Parties agree to submit to the
personal jurisdiction of that
court.
There may be
information on the Site that contains typographical errors,
inaccuracies, or
omissions, including descriptions, pricing, availability, and
various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the
information on the Site at any time, without prior
notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS
OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
20. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six
(6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION
ARISING
OR $500.00 USD
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents,
partners, and
employees, from and against any loss, damage, liability, claim,
or demand, including
reasonable attorneys’ fees and expenses, made by any third party
due to or
arising out of:
(1) your Contributions;
(2) use of the
Site; (3) breach of
these Terms of Use; (4) any breach of
your
representations and warranties set forth in these Terms of Use;
(5) your violation of
the rights of a third party, including but not limited to
intellectual property rights; or (6)
any overt harmful
act toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of
managing the
performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you
transmit or that
relates to any activity you have undertaken using the Site. You
agree
that we shall have no liability to you for any loss or
corruption of any such
data, and you hereby waive any right of action against us
arising from any such
loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails,
and completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments
or the granting of credits by any means other than electronic
means.
24. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the
Complaint
Assistance Unit of the Division of Consumer Services of the
California
Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916)
445-1254.
These Terms of Use and any policies or
operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of
such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure
to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of
the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
In order to resolve a complaint
regarding the Site or to receive further information
regarding use of the Site, please contact us at:
Wredia Co. LLC
1304 West 4th
Street
North Platte
, NE
69101
United States
Phone:
(402)327-1231