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WCM Direct, Inc. Web Site
Agreement
The www.WCMDirect.com Web Site (the
"Site") is an online information
service provided by WCM Direct, Inc.. ("www.WCMDirect.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. www.WCMDirect.com
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 www.WCMDirect.com,
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.WCMDirect.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.WCMDirect.com by all means and in
any media now known or hereafter developed. You
also grant to www.WCMDirect.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.WCMDirect.com
for any alleged or actual infringement or
misappropriation of any proprietary right in
your communications to www.WCMDirect.com.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the
exclusive trademarks or service-marks of www.WCMDirect.com.
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 www.WCMDirect.com, www.WCMDirect.com
does not operate, control or endorse any
information, products or services on the
Internet in any way. Except for www.WCMDirect.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.WCMDirect.com a. You also
understand that www.WCMDirect.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. www.WCMDirect.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
NON-INFRINGEMENT, 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.WCMDirect.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. www.WCMDirect.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.WCMDirect.com HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.WCMDirect.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 www.WCMDirect.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, www.WCMDirect.com LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW. www.WCMDirect.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.WCMDirect.com
web site, please understand that it is
independent from www.WCMDirect.com, and that www.WCMDirect.com
has no control over the content on that web
site. In addition, a link to a www.WCMDirect.com
web site does not mean that www.WCMDirect.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.WCMDirect.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.WCMDirect.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.
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 The
United States of America applicable to
agreements made and to be performed in The
United States of America. You agree that any
legal action or proceeding between www.WCMDirect.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
Marina Del Rey, California in The United States
of America . 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.WCMDirect.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. www.WCMDirect.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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