|
|
AGREEMENT
BETWEEN USER AND W3portals e-business solutions
The W3portals e-business solutions Web Site is comprised of various Web pages
operated by W3portals e-business solutions.
The W3portals e-business solutions Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the W3portals e-business solutions Web Site
constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
W3portals e-business solutions reserves the right to change the terms,
conditions, and notices under which the W3portals e-business solutions Web Site
is offered, including but not limited to the charges associated with the use of
the W3portals e-business solutions Web Site.
LINKS TO THIRD PARTY SITES
The W3portals e-business solutions Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of W3portals
e-business solutions and W3portals e-business solutions is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. W3portals
e-business solutions is not responsible for webcasting or any other form of
transmission received from any Linked Site. W3portals e-business solutions is
providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by W3portals e-business solutions of the site or
any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the W3portals e-business solutions Web Site, you
warrant to W3portals e-business solutions that you will not use the W3portals
e-business solutions Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the W3portals e-business
solutions Web Site in any manner which could damage, disable, overburden, or
impair the W3portals e-business solutions Web Site or interfere with any other
party's use and enjoyment of the W3portals e-business solutions Web Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the W3portals
e-business solutions Web Sites.
USE OF COMMUNICATION SERVICES
The W3portals e-business solutions Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
W3portals e-business solutions has no obligation to monitor the Communication
Services. However, W3portals e-business solutions reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. W3portals e-business solutions reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
W3portals e-business solutions reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in W3portals e-business
solutions's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. W3portals e-business
solutions does not control or endorse the content, messages or information found
in any Communication Service and, therefore, W3portals e-business solutions
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized W3portals e-business solutions
spokespersons, and their views do not necessarily reflect those of W3portals
e-business solutions.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO W3portals e-business solutions OR
POSTED AT ANY W3portals e-business solutions WEB SITE
W3portals e-business solutions does not claim ownership of the materials you
provide to W3portals e-business solutions (including feedback and suggestions)
or post, upload, input or submit to any W3portals e-business solutions Web Site
or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
W3portals e-business solutions, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. W3portals e-business solutions is under no obligation to post
or use any Submission you may provide and may remove any Submission at any time
in W3portals e-business solutions's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE W3portals e-business solutions WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
W3portals e-business solutions AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE W3portals e-business solutions WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE W3portals e-business solutions WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
W3portals e-business solutions AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE W3portals e-business solutions WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. W3portals e-business solutions AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL W3portals
e-business solutions AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE W3portals
e-business solutions WEB SITE, WITH THE DELAY OR INABILITY TO USE THE W3portals
e-business solutions WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE W3portals e-business solutions WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE W3portals e-business solutions WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF W3portals e-business solutions OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE W3portals e-business solutions WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE W3portals e-business solutions WEB SITE.
SERVICE CONTACT : support@w3portals.com
TERMINATION/ACCESS RESTRICTION
W3portals e-business solutions reserves the right, in its sole discretion, to
terminate your access to the W3portals e-business solutions Web Site and the
related services or any portion thereof at any time, without notice. GENERAL To
the maximum extent permitted by law, this agreement is governed by the laws of
the State of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in all
disputes arising out of or relating to the use of the W3portals e-business
solutions Web Site. Use of the W3portals e-business solutions Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and W3portals e-business solutions as a result of this
agreement or use of the W3portals e-business solutions Web Site. W3portals
e-business solutions's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
W3portals e-business solutions's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the W3portals
e-business solutions Web Site or information provided to or gathered by
W3portals e-business solutions with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and W3portals e-business
solutions with respect to the W3portals e-business solutions Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and W3portals e-business solutions
with respect to the W3portals e-business solutions Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the W3portals e-business solutions Web Site are: © 2006
W3Portals, LLC and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.
|
|