- Acceptance of contract terms.
As a User of the Site, you agree to provide the Site with accurate information in connection with the Site, and in connection with the “Create a Profile”, and to maintain and update such User Information promptly as necessary. You are solely responsible for the information you provide on the Site and for the information you use that you view on the Site. With regard to the content of any submissions you make through this Site you agree to remain solely responsible for such content and agree to not submit content or other materials that are unlawful, defamatory, abusive, or obscene. You also agree that you will not submit anything (including content or other materials) to this Site that violates or infringes any right of a third party including patent, copyright, trademark, privacy, or other personal, intellectual property or other proprietary rights.
- Data Usage.
Whelen may use information that is collected about Users, or submitted by Users, and aggregate such information into groups so that it no longer reflects or references an individually identifiable User, for the purpose of creating statistical summary databases for benchmarking and for use in research and development to create, refine and improve Whelen and Whelen affiliates’ products and services and the Site.
- The Site.
Whelen reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
- Links to Other Sites.
The Site may contain links to other sites hosted and/or maintained by third parties. Whelen shall not be responsible for the content of any third party sites that may be linked to or from the Site . These links are provided for your convenience and you use them at your own risk. A link to a third party site or service is not an endorsement of any third party site or service. Whelen does not assume any responsibility or liability for the content or use of any third party site or any third party’s products and/or services.
- No Representations or Warranties; Disclaimer; Limitation of Liability.
WHELEN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MATERIALS AND/OR CONTENT ON THE SITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE CONTENT, THE SITE AND/OR ANY LINKS TO THIRD PARTY WEBSITES AT YOUR OWN RISK.
WHELEN ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS CONTAINED ON OR IN THE SITE. THE SITE IS OFFERED TO YOU ON AN “AS IS” BASIS WITHOUT A WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHELEN DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY INFORMATION WHICH IS POSTED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION POSTED TO THE SITE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, INFORMATION POSTED ON ANY RELATED BLOG.
IN ANY EVENT, WHELEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF WHELEN HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL WHELEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE UNITED STATES DOLLARS (US $1.00).
THE INFORMATION CONTAINED ON THE SITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONFIDENTIAL. INFORMATION TRANSMITTED TO THIS WEBSITE MAY NOT ENCRYPTED. ANY INFORMATION OR CONTENT YOU PROVIDE YOU DO AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH WHELEN OR OTHER THIRD PARTIES.
- Trademarks and Copyrights.
The content included on the Site, such as text, graphics, data, information, images, software, trademarks, service marks, logos, and trade dress are the intellectual property of Whelen and its affiliates and subsidiaries in the United States and/or throughout the world (collectively the “Marks”). Any third party trademarks or content on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law the Marks may not be used and/or reproduced without the written permission of Whelen. Those uses that are authorized must comply with Whelen’s trademark usage guidelines (provided when necessary upon request at Whelen’s discretion). The images, text organization and layout, other content and the Site’s look and feel (collectively the “Materials”) of the Site are the property of Whelen or its licensors and are copyrighted and protected by worldwide copyright laws and treaty provisions. Whelen does not authorize any downloading, distribution, or republication of any Materials on the Site without its prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Whelen will enforce its intellectual property rights to the fullest extent permitted under the law. Except as set forth herein, all rights to the Marks and the Materials are hereby reserved by Whelen and/or its content providers.
In the event you upload or otherwise provide any content, including without limitation photographs, to the Site, you (i) represent and warrant to Whelen and its subsidiaries and affiliates that you have all rights necessary to upload or otherwise provide such content to this Website; (ii) agree to indemnify, defend and hold harmless Whelen and its subsidiaries and affiliates for any third party claims related thereto; and (iii) hereby grant to Whelen and its subsidiaries and affiliates a perpetual non-cancellable royalty free license to use such content for any purposes in any media now existing or hereafter developed. You agree not to disrupt, modify, or interfere with the Site or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any content, information or materials on or associated with the Site.
- Choice of Law and Jurisdiction.
If any of these provisions are deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of these Terms.
- Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.