1. Acceptance of Terms
Web Pros Group("WPG") provides access to this web site (the
"Site") subject to the acceptance of this User Agreement ("Agreement")
by all persons accessing, browsing, or otherwise using the Web Pros Group
Site ("User" or "you"). This Agreement may be updated
by WPG from time to time without prior notice to you. WPG encourages you
to review this Agreement periodically for any updates or changes. By accessing
or using the Site, you agree to be bound by the terms of this Agreement,
as revised. When using a particular feature of the Site, you may also
be subject to any posted guidelines, rules, terms of service, codes of
conduct or other contractual provision as noted. In the event of a conflict
between any other agreement, rule, or terms of service and this Agreement,
the provisions of this Agreement shall govern. If you have any questions
about this Agreement please contact WPG.
2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software
and other material (the "Content"), is presented for informational
purposes only. WPG will use reasonable efforts to include up-to-date and
accurate information in this Site, but makes no representations, warranties,
or assurances as to the accuracy, currency or completeness of the Content
provided, including third party information, such as, but not limited
to, press releases, articles, or information from third-party web sites
linked to or from this Site.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience to you.
This Site may provide links or references to other sites but WPG has
not reviewed all of these other sites, has no responsibility for the
content of such other sites and shall not be liable for any damages
or injury arising from the content from these other sites. You understand
that, except for information, products or services clearly identified
as being supplied by WPG, WPG does not operate, control or endorse
any information, products or services on the Internet in any way. WPG
does not endorse or make any representations about these sites, or
any information or other products or materials found on these sites,
or any results that may be obtained from using these sites. If you
decide to access any of these other sites linked to this Site, you
do so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of WPG's privacy
policy. You acknowledge that the Site may link to other sites not controlled
by WPG and that the collection of your data by these sites is outside
the scope of WPG's control.
5. Use of the Site
You also understand that WPG cannot and does not guarantee or warrant
that files available for downloading from the Site will be free of
infection or viruses, worms, Trojan horses, time bombs, cancelbots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information (collectively, "Hazards").
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.
6. System Integrity
You may not use any device, software or routine to interfere with the
proper working of the Site. You may not take any action that imposes
an unreasonable burden upon the infrastructure used to support the
efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information
that you provide to WPG in connection with the use of the Site: (a)
shall not be obscene or indecent; (b) shall not contain any Hazards;
(c) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not be defamatory, libelous, unlawfully threatening
or unlawfully harassing; and (e) shall not create any liability for
WPG or cause WPG to lose (in whole or in part) the services of its
Internet Service Provider(s) or other suppliers. Users shall comply
will all applicable laws, statutes, ordinances and regulations regarding
use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS
YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY
AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
9. NO WARRANTIES
WPG DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT,
ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY,
AND WPG 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 RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR
USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR
ON THE INTERNET GENERALLY. WPG DOES NOT WARRANT THAT THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE
CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
10. System Outages
WPG periodically schedules system downtime for maintenance and other
purposes. Unplanned system outages may also occur. WPG shall have no
liability whatsoever for the resulting unavailability of the Site or
for any loss of data or transactions caused by planned or unplanned
system outages or the resultant delay, misdelivery or nondelivery of
information caused by such system outages, or any third party acts
or any other outages of web host providers or the Internet infrastructure
and network external to the Site.
11. Indemnification
You agree to indemnify, defend and hold WPG and its affiliates, officers,
directors, employees and agents harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages of
any kind (including attorney's fees) resulting from (i) your use, misuse
or abuse of the Site, or (ii) your breach of any provision of this
Agreement. You will cooperate as fully as reasonably required in WPG's
defense of any claim. WPG reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, and you shall not in any event settle any
matter without the written consent of WPG.
12. Intellectual Property
The Content is the property of WPG and/or its affiliates or partners,
and is protected by federal and international copyright and trademark
laws, or other proprietary rights. These rights are protected in all
forms, media and technologies existing now or hereinafter developed.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use. No portion
of the Content may be reprinted, republished, modified, or distributed
in any form without the express written permission of WPG. You may
not, and this Agreement does not give you permission to, reproduce,
reverse engineer, decompile, disassemble, modify, transmit, sell, distribute,
license or create derivative works with respect to the Site. Certain
Content may be licensed from third parties and all such third party
Content and all intellectual property rights related to the Content
belong to the respective third parties. You may not remove any copyright,
trademark or other intellectual property or proprietary notice or legend
contained on the Site or the Content. Any rights not expressly granted
by this Agreement or any applicable end-user license agreements are
reserved by WPG.
13. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with
the laws of the State of California, exclusive of its choice of law
rules and matters affecting copyrights, trademarks and patents under
United States federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive
jurisdiction of the courts of the State of California and of the United
States of America located in the State of California for any litigation
or disputes arising out of or relating to use of the Site and not to
commence any litigation relating thereto except in such courts. You hereby
irrevocably and unconditionally waive any objection to the establishment
of venue of any such litigation in the California Courts and agree not
to plead or claim in any California Court that such litigation brought
therein has been brought in an inconvenient forum.
14. International Users
WPG makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal
in certain countries or for certain persons. If you access the Site
from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
15. Severability
In the event that one or more portions of this Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect,
such validity, illegality or unenforcability shall not affect any other
provision contained in this Agreement.
16. Headings
The headings used throughout this Agreement are solely for the convenience
of reference and are not to be used as an aid in the interpretation
of this Agreement.
17. No Waiver
Any delay or failure by you or WPG, at any time or times, to require
performance of any provision hereof shall in no manner affect your
or WPG's right at a later time to enforce such provision. No delay
or failure of you or WPG in exercising any right hereunder shall constitute
a waiver of such right or any other rights hereunder.
18. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference
constitute the entire agreement between WPG and you pertaining to the
subject matter hereof.
In its sole discretion, WPG may unilaterally amend or modify this Agreement
or any other documents referenced herein at any time by posting on the
Site. Any amended or modified terms will be effective upon posting. Continued
use of the Site constitutes acceptance of any modified terms and conditions.
If you have any questions about this Agreement, contact WPG.
19. Assignment
You may not assign your rights or delegate your responsibilities hereunder
without the express written permission of WPG. WPG may, at any time,
assign its rights or delegate its obligations hereunder without notice
to you.
20. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary
of this Agreement, and no person not a party to this Agreement shall
have any right to enforce any term of this Agreement.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WPG OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF
PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WPG
HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM
(I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE,
DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU
HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME
STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST
EXTENT PERMITTED BY LAW.
22. Accurate Information
In consideration of your use of the Site, you agree to: (a) provide true,
accurate, and current and complete information as prompted on the Site;
and (b) maintain and update such information to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or WPG has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, WPG may suspend or terminate your use of the service and/or
decline to permit your continued use of the Site and future access to
the Site.
23. Feedback
Should you respond to the Site by providing feedback, such as questions,
requests, opinions, comments, suggestions, ideas, or the like, such
information shall be deemed to be the property of WPG. WPG shall have
no obligation of any kind to the User with respect to such information
and shall be free to reproduce, use, disclose and distribute the information
to others without limitation and without license. WPG shall be free
to use any ideas, concepts, know-how or techniques contained in such
information for any purpose whatsoever.
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