WEDTRO - TERMS OF USE
Welcome to the WEDTRO website (“Wedtro”). We have established a few ground rules to help make this site helpful, informative, and safe for all our visitors. By using this site, you will be subject to terms and conditions as outlined below. Please carefully read all of these terms and conditions prior to using this site.
APPLICABILITY & ACCEPTANCE OF TERMS
This Terms of Use Agreement is between Wedtro and you. Your access to and use of this website (including without limitation, all content, software, HTML and other code, and script forming a part of this website, and all goods, services, and transactions offered through this Web site), Wedtro’s services, and any part or section thereof (the “Site”) is subject to and governed by this Agreement. In addition to complying with the terms and conditions of this Agreement, you agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement.
By using this Site, you expressly agree to the terms and conditions set forth herein without limitation or qualification. You understand and agree that the Site and all of its content is provided AS IS and AS AVAILABLE, and Wedtro assumes no responsibility for your ability or inability (or any costs or fees associated with such) to obtain access to the Site. Wedtro assumes no liability for any failure, error or defect experienced in relation to your use of the Site. If you choose not to agree to these terms, then you may not use this Site. Wedtro reserves the right to change these terms and conditions at any time without prior notice. You understand and agree that Wedtro can discontinue offering any good, service, or portion thereof without notice. You agree that each visit you make to this Site shall be subject to the then current Terms of Use. By accessing and browsing this Site, you accept without limitation or qualification the Terms of Use and acknowledge that any other agreement between you and Wedtro is superseded.
OBLIGATIONS
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update this data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Wedtro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wedtro has the right to suspend or terminate your access to and/or use of this Site and refuse you any and all current or future use of the Site (or any portion thereof).
PRIVACY
Wedtro cares about your privacy concerns and strives to respect and protect your privacy. Information and data provided by you are subject to Wedtro’s Privacy Policy. The current version of Wedtro’s Privacy Policy is accessible at http://www.wedtro.com/privaypolicy.php. By using this Wedtro web site, you are giving your express consent to Wedtro’s Privacy Policy, and its terms outlining Wedtro’s use of the information and data provided by you in the manner described therein. You understand and agree that through your use of the Site you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Wedtro and its affiliates. Please note Wedtro may collect types of information concerning your viewing patterns, your browser, operating system and IP address, and any personally identifiable information that you provide. You agree Wedtro may use this information to improve its content, customize content for your use, and update you about Wedtro. You agree Wedtro may also share names, postal and e-mail addresses, and demographic information with other organizations and affiliated vendors that have specific product and service offers Wedtro thinks may be of interest to you.
COPYRIGHT
This Site and all material contained in this site are protected by copyright, unless otherwise indicated. This includes, but is not limited to, text, graphics, logos, buttons, icons, script, source code, object code, and images. Such material may not be used except as provided in these terms and conditions without the express written permission of Wedtro. The images of people, places, or things displayed on this Site are either owned by Wedtro or are used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
The right to download and store or output the materials found on Wedtro’s Site is granted for viewing use only. Materials may not be reproduced in any form. Any reproduction or editing by any means without Wedtro’s written permission is prohibited.
NOTICE OF COPYRIGHT INFRINGEMENT
Should you feel any information on this Site violates your copyrights, you may send a notice to the following designated agent pursuant to 17 U.S.C. § 512:
sales@wedtro.com
When sending copyright infringement notices pursuant to this section, please place the phrase “Notice of Copyright Infringement” in the subject line of the email. Please note, however, that no other requests, concerns or inquiries will receive a response.
TRADEMARK
The trademark WEDTRO, and other Wedtro graphics, logos, service marks, trademarks and trade dress are owned exclusively by Wedtro and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Wedtro. All other trademarks not owned by Wedtro or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wedtro or its affiliates.
You may not utilize framing techniques to enclose any trademark, logo, or other proprietary information of Wedtro without Wedtro’s express written consent. Further, you may not use meta tags or other “hidden text” utilizing Wedtro’s name or trademarks without Wedtro’s express written consent.
Any concerns or issues regarding domain name registrations will be subject to the Uniform Domain Name Dispute Resolution Policy, as approved and adopted by the Internet Corporation for Assigned Names and Numbers (\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"ICANN\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"). The Uniform Domain Name Dispute Resolution Policy and information regarding ICANN’s policies and procedures is available on ICANN’s web page.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
This Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Wedtro makes no representations or warranties of any kind, express or implied, as to the operation of this Site or to the information contained therein. This includes, but is not limited to, the text, graphics, audio, icons, buttons, images, and products contained on this site.
WEDTRO FULLY DISCLAIMS, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Wedtro makes NO WARRANTY that: (1) this Site will meet any of your requirements; (2) this Site will be timely, secure, uninterrupted, or free from error or omission; (3) the results that may be obtained from the use of this Site will be useful, accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through this Site will meet your expectations; and (5) any errors in the operation of this site including the operation of any software will be corrected. No advice or information obtained by you, whether written or oral, from Wedtro shall create any warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEDTRO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEDTRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE WEDTRO’S SITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WEDTRO’S SITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON WEDTRO’S SITE OR SERVICE; OR (v) ANY OTHER MATTER RELATING TO WEDTRO’S SITE OR SERVICES.
Neither Wedtro nor any other person or entity involved in creating, producing or delivering this Site shall be liable for any damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Wedtro also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this Site, or of your downloading of any materials, data, text, images, video, or audio from this Site. Wedtro assumes no responsibility or liability arising from the content of this Site, as well as any off Site pages or additional sites linked to this Site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, intellectual property claim, danger, or inaccuracy contained therein. Please remember that the Site is designed to appeal to a broad audience. Accordingly, legal guardians have a responsibility to determine whether any of the Site and its content is appropriate for children.
If you are dissatisfied with this website at any time, do not agree with any portion of this Agreement, or have any other claim against Wedtro relating to either this Agreement or the Site, then your sole, exclusive remedy is to discontinue using the Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
ACCURACY OF WEB SITE INCLUDING FUTURE REVISIONS
Wedtro uses reasonable efforts to include accurate and up-to-date information on this site. Even so, the information contained on this Site may include technical inaccuracies or typographical errors. Wedtro makes no warranties or representations as to its accuracy. Wedtro assumes no responsibility or liability for any errors or omissions in the content of this Site. Wedtro does not guarantee the accuracy, efficacy, or veracity of any information provided on this Site. Wedtro neither warrants not represents that your use of materials on this Site will not infringe rights of third parties not owned by or affiliated with Wedtro.
Wedtro reserves the right to modify and change this Site at any time and without notice to you. Wedtro reserves the right to terminate use and deny access to this Site without prior notice to persons violating Wedtro’s Terms of Use and Privacy Agreement.
AFFILIATED VENDORS
Your interaction, correspondence, business or participation with advertisers or vendors found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or vendor. You agree that Wedtro shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and vendors on the Site.
WEB HOSTING
Notwithstanding anything to the contrary in this Agreement or extraneous contracts between you and Wedtro, you acknowledge and agree that as consideration for Wedtro providing you access to and use of the Site, Wedtro has the right to place advertisements on any pages or web sites you create that are hosted by Wedtro. These advertisements may include advertisements of your competitors. If you use ad-supported hosting, your web site cannot consist of the following: search results, registration, “thank you,” error, pages comprised primarily of other advertising, or pages that contain the following content: pornographic, obscene or profane content, content advocating or advancing computer hacking or cracking, gambling, illegal activity, drugs or drug paraphernalia, hate, violence, or racial or ethnic intolerance.
If you are hosting your web site on Wedtro’s servers, You are responsible for ensuring that there is no excessive overloading of Wedtro’s equipment, including its hardware, software and servers. In the event you exceed a reasonable bandwidth (as determined by Wedtro) and thereby overload Wedtro’s equipment, you may be assessed any and all fees, costs and penalties associated with such overloading. You may not use Wedtro’s servers and your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Wedtro reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. You are prohibited from the use of software or scripts run on Wedtro’s servers that cause the server to load beyond a reasonable level (as determined by Wedtro). You are prohibited from running a public recursive domain name service (“DNS”) on any Wedtro server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses.
You bear full risk of loss and damage to your web page and all of your web page content. You are entirely responsible for maintaining the confidentiality of your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the Site or any of your web page content displayed, linked, transmitted through or stored by Wedtro. You are solely responsible for: (i) preventing any loss or damage to your web page content; (ii) maintaining independent archival and backup copies of your web page content; (iii) ensuring the security, confidentiality and integrity of all your web page content; and (iv) ensuring the confidentiality of your password and account information. Wetro’s Site and servers are not an archive and Wedtro shall have no liability to you or any other person for loss, damage or destruction of any of your content. You shall at all times use Wedtro’s Site and services as a conventional and/or traditional web site. You shall not use Wedtro’s Site or services in any way that shall impair the functioning or operation of Wedtro’s Site, services or equipment (as determined by Wedtro in its sole discretion). Specifically by way of example and not as a limitation, you are prohibited from using Wedtro’s Site, services or equipment as a repository or instrument for placing or storing archived files and/or material that can be downloaded through other web sites.
You acknowledge and agree that Wedtro has the right to terminate your access to or use of the Site, and disable or remove your web page temporarily or permanently for any reason and without notice to you. In the event your web page, account, use or access is removed or terminated, Wedtro will not transfer or manage your information or web page content.
LINKS
As a courtesy to you, this Site may offer links to other web sites. By accessing these links, you will leave the Wedtro web site. Wedtro has not reviewed all of the sites linked to this Site and is not responsible for the contents of any off-Site pages or any other sites linked to this Site.
These third party sites are NOT subject to or bound by the Wedtro Terms of Use. Such third party sites may or may not have their own terms or privacy policies and may or may not collect personal information from you. Wedtro is not responsible for the privacy policies or any information collection practices of these sites or any damages resulting therefrom.
Your linking to any other off-Site pages or other sites is at your own risk.
CONFIDENTIAL INFORMATION
DO NOT SEND ANY CONFIDENTIAL INFORMATION TO THIS SITE. Any communication or material that you transmit to this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. Furthermore, you agree that such information is non-confidential and non-proprietary. Therefore, anything that you transmit or post to this Site may be used by Wedtro for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Wedtro is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever.
You agree that Wedtro may access, maintain, and disclose information you provide if required to do so by law or if Wedtro, in good faith, believes that such access, maintenance, or disclosure is reasonably necessary to: (1) comply with any legal process; (2) enforce Wedtro’s Terms of Use or Privacy Policy; (3) respond to claims that any material or information posted, provided, transmitted or otherwise made available by you violates the rights of third parties; (4) respond to your customer services requests; or (5) otherwise protect the rights and property of Wedtro, its vendors, members, users, and the general public.
USER CONDUCT & INFORMATION PROVIDED TO WEDTRO
You understand that you are the sole person responsible for any and all information that you post, upload, e-mail, or transmit to or from this Site, including, but not limited to, all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You acknowledge that use of the Site results in interstate data transmissions.
You are prohibited from:
(i) posting or transmitting any unlawful, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or contractual obligation;
(ii) disseminating or transmitting files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(iii) exporting, re-exporting or permitting downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
(iv) collecting or storing personal information about other users;
(v) stalking or harassing another;
(vi) using this Site in any manner that could impair the server or could in any way interfere with other users’ enjoyment of this site;
(vii) using this Site to disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
(viii) manipulating or forging information to disguise the origin of information posted on this Site;
(ix) posting, providing, transmitting or otherwise making available any junk mail or spam;
(x) attempting to access any unauthorized account, computer, or other network connected to the Wedtro server through any means;
(xi) overriding or circumventing any of the protections or usage rules embedded into the Site;
(xii) using Wedtro’s Site or services as an \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"open relay\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\" or for similar purposes;
(xiii) engaging in any conduct that is harmful to minors in any way;
(xiv) taking information or content from this Site, including but not limited to any member or individual information such as names, email addresses, contact information, or personalized information, for use for any purpose;
(xv) engaging in any other activity deemed by Wedtro to be in conflict with the spirit or intent of this Agreement or Wedtro’s Privacy Policy.
Wedtro will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person positing any such information or materials.
Although Wedtro is under no obligation to monitor any information you post, upload, e-mail or transmit to or from this Site, Wedtro specifically reserves the right to remove any such information at its sole discretion and without notice. In the event you provide any text or non-text information, such as photographs or graphics, you represent and warrant that you are the rightful copyright owner of such information or that you have adequate permission from the rightful copyright owner and that the use of such images is otherwise permitted by these terms of use. By posting any information on this Site or submitting any information to Wedtro via this Site, you hereby expressly grant Wedtro a royalty-free, world-wide, non-exclusive license to use, copy, edit, distribute, translate, publicly perform and sublicense such information as well as your name as used in connection with such information. You also expressly grant Wedtro the nonexclusive adaptation and resale rights over any content and material submitted to this Site.
You may be held legally responsible for copyright infringement, defamation or invasion of privacy (among other causes of action), as well as for any damages arising out of legal actions resulting from materials submitted by you and posted by Wedtro.
INDEMNITY
You agree to indemnify and hold Wedtro, its subsidiaries and affiliates, agents, officers, directors, employees or insurers harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from content you provide, submit, post, transmit, or make available through this Site, your use of this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another.
APPLICABLE LAW & GENERAL INFORMATION
This Site is created and controlled by Wedtro in the Commonwealth of Kentucky, USA. As such, the laws of the Commonwealth of Kentucky shall apply to these Terms of Use without giving effect to any principles of conflicts of laws. You agree that there shall be no third party beneficiaries to this agreement.
Any dispute between the parties arising out of or relating in any way to this Agreement shall be referred to mandatory and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration shall be the exclusive remedy of the parties in connection with any such dispute. Any decision or award of an arbitrator or arbitration panel rendered pursuant to this provision shall be fully enforceable as a judgment by any court of competent jurisdiction. All arbitration proceedings held pursuant to this provision shall be conducted in Louisville, Kentucky. The demand for arbitration shall be filed in writing with the American Arbitration Association, and a copy shall be provided to the other party to the Agreement. A demand for arbitration shall be made within a reasonable time after a claim arises, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. The parties agree that the arbitrator shall have the authority to award reasonable attorneys’ fees and costs to the prevailing party.
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Wedtro regarding this Site. The failure of Wedtro to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever.
WEDTRO RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT
Wedtro reserves the right to change, amend, or restate this Terms of Use Agreement and Privacy Policy at any time, without notice. Therefore, you should revisit this page from time to time to determine the current agreement and policy. Any information collected under this current Agreement and Policy will remain bound by the terms of this Agreement and Policy. After the changes take effect, all new information collected, if any, will be subject to the revised Agreement and Policy.
QUESTIONS OR CONCERNS?
If you have questions or concerns about these Terms of Use, please contact us at:
sales@wedtro.com
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