ZedBiz Web Site Agreement
The www.wahmco.com Web Site (the
"Site") is an online information service provided by ZedBiz ("www.zedbiz.com
"), subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. ZedBiz MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site
are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are ZedBiz, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant
to www.wahmco.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to www.wahmco.com
by all means and in any media now known or hereafter developed.
You also grant to www.wahmco.com the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against www.wahmco.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to www.wahmco.com.
TRADEMARKS.
Publications, products, content or services referenced herein
or on the Site are the exclusive trademarks or servicemarks of
ZedBiz. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by ZedBiz or www.wahmco.com,
ZedBiz does not operate, control or endorse any information, products
or services on the Internet in any way. Except for www.wahmco.com-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated
with www.wahmco.com. You also understand that ZedBiz or www.wahmco.com
cannot and does not guarantee or warrant that files available
for downloading through the Site 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 Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. ZedBiz and www.wahmco.com PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS
OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND www.wahmco.com 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, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. ZedBiz and www.wahmco.com
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.wahmco.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN
NO EVENT WILL ZedBiz or www.wahmco.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ZedBiz or www.wahmco.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES 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, ZedBiz and www.wahmco.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
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ZedBiz and www.wahmco.com makes
no representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When
you access a non-www.wahmco.com web site, please understand that
it is independent from www.wahmco.com, and that www.wahmco.com
has no control over the content on that web site. In addition,
a link to a www.wahmco.com web site does not mean that www.wahmco.com
endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless www.wahmco.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of www.wahmco.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
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This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with
the laws of Canada applicable to agreements made and to be performed
in Canada. You agree that any legal action or proceeding between
ZedBiz or www.wahmco.com 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 Canada . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. www.wahmco.com'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. ZedBiz or
www.wahmco.com may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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