State of Georgia Rev. 133A 18A
TERMS & CONDITIONS
WJ ENTERPRISES & HOST TOWN USA
Version Date: NOVEMBER 1ST, 2017
The company makes no representation that the website is appropriate or available in other locations other than where it is operated by Company. The information provided on the website 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 company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website from another location do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the website or use the Company services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATION THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.
The company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other person using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. The company may change prices at any time. All payments shall be in U.S. dollars. www.wjentgroup.com and www.hosttownusa.com accepts online payment via PayPal, Credit Card/Debit Card, and Business/Personal Checks via PayPal. All payments sent electronically are securely transmitted.
All sales are final and no refunds shall be issued unless an error was made on the part of WJ Enterprises or Host Town USA and all affiliates.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You are not a minor in the jurisdiction in which you reside. Or if a minor, you have received parental permission to use this website; and
- Your use of the Company services does not violate any applicable law or regulation.
You also agree to (a) provide true, accurate, current and complete information about yourself as prompted by the website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
The website may invite you to chat 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 Company and/or to or via the website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to the Company will be treated as non-confidential and nonproprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, and performance, accessing downloading and copying of your contribution does 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 Company and the website users to use your contributions as necessary to exercise the licenses granted by you under this Agreement:
- You have the written consent, release, and/or permission of each and every identifiable individual person in the contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the contribution in the manner contemplated by this website;
- Your contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of a government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- Your contribution does not contain material that solicits personal information from anyone under 18 or exploits people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health and well-being of minors;
- Your contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- Your contribution does not otherwise violate or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By posting contributions to any part of the website, or making them accessible to the website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and licenses 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 advertising or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, names, and logos, personal and commercial images you provide. The company does not assert any ownership over your contributions; rather, as between us and you, subject to the rights granted to us in this agreement, you retain full ownership of all of your contributions and intellectual property rights or other proprietary rights associated with your contributions.
The Company has that right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize and contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your contributions to the website, you hereby authorize Company to grant reach and user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully paid license to access, download, print and otherwise use your contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
The Company may accept, reject or remove reviews in its sole discretion. The Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate, Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed ; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by the Company and do not represent the views of the Company or of any affiliate or partner of Company. The Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable license to the Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the website or the Company services (“Submissions”) provided by you to the Company are non-confidential and the Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these submissions for any purpose commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use the website for any other purpose other than that for which Company makes it available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- Attempting to bypass any measure of the website designed to prevent or restrict access to the website or any portion of the website
- Attempting to impersonate another user or person or using the username of another user
- Criminal or tortious activity
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website
- Deleting the copyright or other proprietary rights notice from any website content
- Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
- Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot), cheat utility, scraper or offline reader that accesses the website, or using or launching any unauthorized script or other software
- Harassing, annoying, intimidating or threatening any Company employees or agent engaged in providing any portion of the Company services to you
- Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website
- Making any unauthorized use of the Company services, including collecting usernames and/or email addresses of users be electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Selling or otherwise transferring your profile
- Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
- Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the website in order to harass, abuse or harm another person
- Using the Company services as part of any effort to compete with Company or to provide services as a service bureau
- Using the website in a manner inconsistent with any and all applicable laws and regulations
- In regards to services being rendered on the site once, projects are underway it is the client’s responsibility to review all files being exchanged in their entirety, submit any desired changes (i.e. colors, wording, sizing, etc.). Once service has been rendered, the project has been closed and needs to be reopened for any given reason that has not been deemed by management an error on behalf of WJ Enterprises and Host Town USA staff and/or partners will be subject additional fee and/or service charges that are determined by the service and/or size of the order. (fees and/or service charges are subject to change without prior notice to the client; additional charges are applicable during the order process for various reasons (i.e. complete change of desired design concept, change of the desired size, quantity, and added services (i.e. content editing, etc.).
INTELLECTUAL PROPERTY RIGHTS
The content on the website (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. All company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated , or used, in whole or in part, without the prior written permission of the Company.
Company Content on the website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the proper written consent of the respective owners. Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the website and Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The website contains (or you may be sent through the website or the Company Services) 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 (the “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 website accessed through the website or Third Party Content posted on, available through or installed from the website, 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. The inclusion of, linking to or permitting the use or installation of any Third Party website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the website 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 that our terms and policies no longer govern. You should review the applicable terms and policies, including in privacy and data gathering practices, of any website to which you navigate from the website or relating to any applications you use or install from the website. Any purchases you make through Third Party Websites will be through other Websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
- monitor the website for violations of the Agreement;
- take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable(to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
- in Company’s sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in and way burdensome to Company’s systems;
- Otherwise, manage the website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the website.
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
Cookies on our website
We use Performance cookies across the Company website for internal purposes to help us to provide you with a better user experience. Information supplied by cookies helps us to understand how our visitors use the Company website so that we can improve how we present our content to you. They also allow us to test different design ideas for particular pages, such as the Company Homepage. We generally contract with independent measurement and research companies to perform these services for us and when this is the case, these cookies may be set by a third party company (third party cookies). Third party cookies are identified in the list below, together with information as to how you can opt-out of receiving them.
Third Party Cookies
To support our efforts, we sometimes embed photos, video and other content from social media websites such as YouTube, Facebook, Google, and Twitter. Pages with this embedded content may present cookies from these websites. Similarly, when you use one of the “like” or “follow” buttons on our websites, a cookie may be set by the service you have chosen to share content through. You may also choose to use tools from other social media that the Company cannot control, such as Pinterest. The Company does not control the use of any third party cookies and our tool will not block cookies from those websites. You should check the relevant third party website for more information about these.
Most browsers allow you to refuse to accept cookies.
In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.
In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.
Blocking cookies will have a negative impact upon the usability of some websites.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that content available on or through our website infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C.§ 512(c)(3). 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 content located on or linked to by our website infringes your copyright; you should consider first contacting an attorney. Our website has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
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 website are covered by a single notification, a representative list of such works at that website.
- 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.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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,
- 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.
Notifications should be sent to our Designated Copyright Agent as follows:
Designated Copyright Agent
WJ Enterprises and Host Town USA (: Company”)
4575 Webb Bridge Rd # 5293
Alpharetta, GA 30023
Phone: (678) 837-5612
We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from our website and/or our service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- 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 our Company is location.
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
- Your name, address, and telephone number.
- 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 mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature
You May submit your Counter Notification to our Designated Copyright Agent by fax, mail, or email as set forth above.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the day we receive you Counter Notification, unless our Designated Copyright Agent first receives notice from the party filing the original 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.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the website or are otherwise a user or member of the website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THE AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the website and Company Services, Company reserves this right at any time in its sole discretion to block certain IP addresses from accessing the website and Company Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends 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, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
The company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the website and revisions will be indicated by date. You agree to be bound by any changes to this Agreement when you use the Company Services after any such modifications become effective. The company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the website for updates to this Agreement and you will read the messages we send you to the information you of any changes. Modifications to this Agreement shall be effective after posting.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification suspension or discontinuance of the Company Services.
If there is a dispute between users of the website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertook pursuant or relating to this website or the Company Services shall be governed and construed by the laws of the State/Commonwealth of Georgia, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this website and the Company Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Fulton County, State of Georgia; subject, however, to the right of Company, at the Company’s sole discretion. To bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights(or any similar cause of action) in any applicable court in any jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the website and/or the Company Services (including your visit to or use of the website and/or the Company Services) be instituted more than two (2) years after the cause of action arose, You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The company cannot control the nature of all of the content available on its websites. By operating the website, The Company does not represent or imply that The Company endorses any blogs, Contributions or other content available on or provided on or linked to by the website, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for any unlawful or otherwise objectionable content you may encounter on the website online or offline, of any user of the website or Company Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS. (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY AND/OR (F) 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 WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
LIMITATIONS OF LIABILITY
The Company will be responsible for acting only on those instructions sent to the Company that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. The Company is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. The Company is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided “as-is”, “as available”. The Company does not warrant the accuracy, adequacy or completeness of the information and materials on the site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of noninfringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will Wjentgroup.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The Company, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
You agree to defend, indemnify and hold wjentgroup.com and its affiliates harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use of The Company’s site and the Service, your violation of this Agreement, or your violation of any rights of another.