WTECHGROUP.COM USER AGREEMENT
Welcome
to WTECHGROUP.COM’s User Agreement. This Agreement is
a legal agreement between you and WTECHGROUP.COM regarding your use of WTECHGROUP.COM’s web site proprietary services
("Services"). By using the Services, you are agreeing to the terms
and conditions included in this Agreement (the "Terms of Service").
1. WTECHGROUP.COM Services. This agreement covers your use of WTECHGROUP.COM’s Services on this site only. Your use of
services on other sites will be covered by separate agreements. Our Services
are available only to individuals who can form legally binding contracts under
applicable law, and therefore, excludes minors.
2. Use of the Services. You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used,
WTECHGROUP.COM Services in violation of any applicable law, regulation or
policy, or in violation of any third parties' rights.
3. Terms and Conditions of Use.
(a) Agreement
to Terms. By using the information, services and products available through
WTECHGROUP.COM you are agreeing to the terms and conditions contained herein.
(b)
Modification. WTECHGROUP.COM reserves the right to modify the Terms of Service
at any time, and such modifications shall be effective immediately upon the
earlier of posting of the modified Terms of Service or by e-mail notification
to you.
(c) You agree
to review these Terms of Service periodically to be aware of such
modifications, and your continued access or use of this web site shall be
deemed your acceptance of the modified Terms of Service.
(d) You agree
that these standards for notice of changes are reasonable.
(e) You
acknowledge and agree that WTECHGROUP.COM or its affiliates may deny you access
to or use of all or part of this web site without prior notice if you engage in
any conduct or activities that WTECHGROUP.COM in its sole discretion believes
violates any of these Terms of Service, violates the rights of WTECHGROUP.COM,
or is otherwise inappropriate for continued access and use of this web site.
4. Your Information.
(a) By giving
us your email address, you are certifying in this Agreement that you have the
right to use your email address.
(b) By
providing information to us via this web site (such a, feedback, data,
comments, questions, suggestions, plans or ideas), you agree that such
information shall be non confidential and that
WTECHGROUP.COM shall have unlimited rights to (or not to): use, distribute,
reproduce, and disclose such information as WTECHGROUP.COM deems appropriate,
without compensation or acknowledgement of its source. WTECHGROUP.COM shall be
free to use any ideas, concepts, know-how or techniques contained in information
you provide WTECHGROUP.COM through WTECHGROUP.COM’s web site.
(c) In
exchange for use of this web site, you agree that any information you submit to
us will be current and complete and will not violate the rights of any third
parties, and you agree to defend, indemnify, and hold harmless WTECHGROUP.COM,
its affiliates and content suppliers, and their successors against any claims
by third-parties alleging facts in breach of these representations.
(d) While
WTECHGROUP.COM will not knowingly divulge your email address or any other
personal information to outside parties, you agree that WTECHGROUP.COM will not
be liable for acquisition or use of your information by any third party without
WTECHGROUP.COM’s knowledge or consent. In turn, you
agree that WTECHGROUP.COM will not be liable for the acquisition or use of
personal information about you that is not under our control.
(e)
WTECHGROUP.COM is against unsolicited e-mail (SPAM) as a matter of policy.
Therefore, we will NOT send you any advertisement-only messages as part of the
Services. However, in order to support this FREE service, you will receive
advertisements within the email notifications you receive.
5. Ownership.
(a)
WTECHGROUP.COM has and shall retain all right, title and interest in and to any
software or technology used in providing the Services, and all intellectual
property rights therein.
(b) All
content included on this web site, including text, graphics, logos, buttons,
icons, and images, is the property of WTECHGROUP.COM or its affiliates, content
suppliers, or other licensors, with ownership as indicated by specific
copyright and trademark notices and/or context, and is protected by U.S, and
international copyright and trademark laws.
6. Consumer Information. The consumer information contained here is intended,
in part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.
7. Pricing and Availability. Any pricing information listed on this web site is
subject to change without notice. Certain items herein may be discontinued or
may be unavailable in some areas.
8. Disclaimers.
(a) The
availability of the Services depends on many factors, including your connection
to the Internet, the availability of the WTECHGROUP.COM's
web site or services, and equipment that is not, by its nature, fault tolerant.
(b) THE
SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE PROVIDED, WHETHER
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED
OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR
INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c)
WTECHGROUP.COMAND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION
OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM
COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d)
WTECHGROUP.COM and its affiliates and content suppliers reserve the right to
alter or delete the products, services and information available from this web
site at any time.
(e) The
information contained in this World Wide Web site is provided for informational
purposes only. While WTECHGROUP.COM has tried to provide accurate and timely
information1 there may be inadvertent inaccuracies and typographical errors. We
reserve the right to make changes and corrections at any time, without notice.
(f)
WTECHGROUP.COM does not warrant the accuracy, completeness or usefulness of the
information, text, links or other items contained on this web site and
WTECHGROUP.COM expressly disclaims liability for errors or omissions in these
materials.
(g)
WTECHGROUP.COM makes no commitment to update the information contained on this
web site.
(h) Third
party web sites listed as hypertext links herein are not under the control of
WTECHGROUP.COM. Accordingly, WTECHGROUP.COM can make no representation
concerning the content of these web sites nor can the fact that WTECHGROUP.COM
has included this link serve as an endorsement by WTECHGROUP.COM of any of
these web sites.
(i) Nothing contained in this web site
constitutes investment advice.
(j) All sales
of products listed herein are subject to our usual terms and conditions of
sale.
9. Trademarks. All trademarks, company names, and product names are
the property of their respective owners.
10. Copyright. The content of this web site, including but not
limited to the text and images herein and their arrangement are copyright @2003
WTECHGROUP.COM. All Rights Reserved. Certain images herein are owned by and
have been provided by our members and are used with permission. Please contact
us if you are interested in receiving permission for commercial or
non-commercial use of any of the images or content herein.
11. Limitation of liability. IN NO EVENT WILLWTECHGROUP.COM, ITS SUPPLIERS,
LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION.
IN NO EVENT SHALL WTECHGROUP.COM’S, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE
LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED
DOLLARS ($100).
12. Indemnification.
(a) You agree
to indemnify, defend and hold harmless WTECHGROUP.COM, its affiliates,
officers, directors, employees, consultants, agents and suppliers from and
against any and all claims, liability, damages and/or costs (including but not
limited to reasonable attorneys' fees) arising from your use of this web site
and the Services provided under this Agreement, the violation of these terms
and conditions by you, or the infringement by you, or other users of WTECHGROUP.COM's web site through the use of your computer
or your infringement of any intellectual property or other right of any person
or entity.
(b)
WTECHGROUP.COM reserves the right at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
13. Termination of Service.
(a)Either you
or WTECHGROUP.COM may terminate this Agreement and the Services at any time and
for any reason, but until that time it remains in full force and effect.
(b) These
terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from any and all
WTECHGROUP.COM site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of these terms or
otherwise.
(c) These
terms will terminate immediately without notice from WTECHGROUP.COM if in WTECHGROUP.COM’s sole discretion you fail to comply with
any term or provision of this Agreement.
(d) Upon termination,
you must destroy all materials obtained from the site and any and all other
WTECHGROUP.COM site(s) and all copies thereof, whether made under the terms of
these terms or otherwise.
(e) The terms
of this Section and Sections 4, 5, 8,11 and 12 will
survive any termination of this Agreement.
14. Message Center Policies
(a)
WTECHGROUP.COM does not and cannot monitor each and every message posted in the
message Center.
(b)
WTECHGROUP.COM is not responsible for any message posted, and does not vouch
for or warrant the accuracy, validity, completeness or usefulness of any
message. The messages express the views of their authors, not necessarily the
views of WTECHGROUP.COM.
(c) By posting in the Message Center, you agree:
(d)
WTECHGROUP.COM reserves the right to end a discussion or lock a thread if we
feel that the discussion has become unproductive or combative, or if the topic
is unnecessarily dominating the message center. WTECHGROUP.COM reserves the
right to lock a thread if there have been no messages in it for 30 days.
15. Community Guidelines
(a)
WTECHGROUP.COM takes pride in its community. We are protective of this
community and want it to thrive and grow. For this reason, we have implemented
the Community Guidelines, which are outlined below. These guidelines explain
what you can expect of WTECHGROUP.COM, as well as the kind of online behavior
we expect of you.
(b) The
number one guideline to be followed at all times is "treat others as you
would like to be treated yourself." Abuse of other members will absolutely
not be tolerated.
(c) Also,
remember that community standards are always evolving. It is important that you
periodically check this document for alterations and updates. It's all part of
taking pride in and protecting the WTECHGROUP.COM community. Thanks for doing
your part.
(d) Online
conduct should be guided by common sense and basic etiquette. You will be
considered in violation of our Community Guidelines if you do any of the
following:
16. Moderation and Enforcement of
Guidelines
(a)
Moderation messages will be public. This is not done to embarrass or upset the
poster but, rather, to serve as a learning experience for all users. Similarly,
messages will not be deleted unless they are obscene, invasive of a person's
privacy, or otherwise in gross violation of our guidelines. The poster will be
warned in the same thread, with the relevant portion of the message quoted as
necessary. The poster, of course, always retains the option of editing their
initial message.
(b) Moderations will follow a three step process:
17. Miscellaneous.
(a) Entire
Agreement. This Agreement constitutes the entire agreement between you and
WTECHGROUP.CO with respect to the Services and supersedes all other agreements,
contemporaneous and prior, between you and WTECHGROUP.COM with respect to the
Services.
(b) Non
waiver. WTECHGROUP.COM’s failure to enforce any
provision of this Agreement will not be construed as a waiver of any provision
or right.
(c)
Amendment. WTECHGROUP.COM can revise these Terms and Conditions by updating
this posting. No amendment or modification hereof will be valid or binding upon
either party unless assented to by WTECHGROUP.COM.
(d)
Severability. In the event that a portion of this Agreement is held
unenforceable, the unenforceable portion will be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force and
effect.
(e) No Estoppel. Waiver by either party of a breach of any
provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
(f) Act of
God. WTECHGROUP.COM will not be liable in any amount for failure to perform any
obligation under this Agreement if such failure is caused by the occurrence of
any unforeseen contingency beyond the reasonable control of such party
including without limitation Internet outages, communications outages, fire,
flood, war or act of God.
(g) No
Obligation to Monitor. WTECHGROUP.COM does not have any obligation to monitor
use of the Services, but WTECHGROUP.COM may do so and may also disclose
information regarding your use of the Services to satisfy laws, regulations or
other government requests.
(h) North
Carolina Agreement. As you are accessing the information on the WTECHGROUP.COM
web site on a server in
18. Contacting Us:
Walser
Technology Group
Suite 302
THANK YOU FOR VISITING AND USING THE
WTECHGROUP.COM WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.
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All Rights Reserved
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