Acceptance of Terms Through Use. By
using this site or by clicking "I agree" to these Terms of Service (the "Agreement"), you ("User") signify your agreement to these terms and
conditions. If you do not agree to all of the terms of this Agreement,
please do not use this site and do not click on "I agree." Please check this
Agreement periodically for changes as the owner of this site ("Company")
reserves the right to revise this Agreement. In the event of a change to
this Agreement, your continued use of this site following the posting of any
changes constitutes acceptance of such changes. The Company reserves the
right to terminate a User's use of this site at any time without notice and
may do so for any breach of this Agreement.
You Must be 18 or Older to Agree to This
Agreement and Use This Site. This Agreement must be completed, understood and
agreed to by a person over 18. If a parent or guardian wishes to permit a
person under 18 to access this site, he or she should email the Company with
his or her explicit permission and acceptance of full legal responsibility.
If you are not yet 18 or are accessing this site from any country where this
material is prohibited, please exit now as you do not have proper
authorization.
License to Use This Site. Upon your
agreement, Company hereby grants you a non-exclusive, non-transferable
limited license to use this site in strict accordance with the terms and
conditions in this Agreement. You agree not to make any false or fraudulent
statements as you use this site. You acknowledge and agree that all content
and services available on this site are property of the Company and are
protected by copyrights, trademarks, service marks, patents, trade secrets,
and other proprietary rights and laws, in the U.S. and internationally. All
rights not expressly granted herein are fully reserved by the Company, its
advertisers and licensors. You agree to pay for any and all purchases and
services using your name and credit card through this Site, not to challenge
any such charges and to pay for all collections and/or attorney's fees
resulting from any non-payment.
License Restrictions.
Use. Except as may be explicitly
permitted, you agree not to save, download, cut and paste, sell,
license, rent, lease, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from materials from this site. Systematic retrieval of
data or other content from this site to create or compile, directly or
indirectly, a collection, database or directory without written
permission from the Company is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
Security. You agree that if you are
issued a Username and Password by the Company, you shall use your best
efforts to prevent access to this site through your Username and
Password by anyone other than yourself, including but not limited to,
keeping such information strictly confidential, notifying the Company
immediately if you discover loss or access to such information by an
unauthorized party and by using a secure Username and Password not
easily guessed by a third party.
Theft of Content. You agree that you
shall not try to reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter any executable code, contents
or materials on or received via this site. You understand that such
actions are likely to subject you to serious civil and criminal legal
penalties and that the Company shall pursue such penalties to the full
extent of the law to protect its rights and the rights of its other
licensors.
Export and Import. You agree that you
shall comply with all applicable export and import control laws and
regulations in your use of this site, or materials or services received
through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or
foreign export laws and/or without all required U.S. and foreign
government licenses.
Government Use. If you are a branch
or agency of the U.S. Government, the following provision applies. This
site, code, contents, services and accompanying documentation are
comprised of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT
1995) and are provided to the Government (i) for acquisitions by or on
behalf of civilian agencies, consistent with the policy set forth in 48
C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the
Department of Defense, consistent with the policies set forth in 48
C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the United States.
Errors and Corrections. While we use
reasonable efforts to include accurate and current information on our Site,
we do not warrant or represent that the Site will be error-free. Data entry
errors or other technical problems may sometimes result in inaccurate
information being shown. We reserve the right to correct any inaccuracies or
typographical errors on our Site, including pricing and availability of
products and services, and shall have no liability for such errors. We may
also make improvements and/or changes to the Site's features, functionality,
or content at any time. If you see any information or description you
believe to be incorrect, please contact us and we'll verify it for you.
Links to Other Websites. Our Site
contains links to other websites for your information and convenience, or to
provide additional shopping for various other goods and services through our
Merchant and Services Partners. These third-party websites are responsible
for, and undertake to maintain, their own site Terms of Service. We suggest
that you carefully review the Terms of Service of each site you choose to
access from our Site.
User's License Grant to Site. Except with
regard to personal information, all information which you post on this site
or communicate to the Company through this site (collectively "Submissions")
shall forever be the property of the Company. The Company shall not treat
any submission as confidential and shall not incur any liability as a result
of any similarities that may appear in future Company services or products.
Without copy, the Company shall have exclusive ownership of all present and
future existing rights to any Submission of every kind and nature
everywhere. You acknowledge that you are fully responsible for the message,
including its legality, reliability, appropriateness, originality and
copyright. You hereby represent and warrant that your Submission does not
infringe the rights of any third party.
User Conduct. By using features of this
site that allow you to post or otherwise transmit information to or through
this site, or which may be seen by other users, you agree that you shall not
upload, post, or otherwise distribute or facilitate distribution of any
content - including text, communications, video, software, images, sounds,
data, or other information - that:
is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, sexually explicit or graphic, or
otherwise in violation of this site's rules or policies;
infringes any patent, trademark,
service mark, trade secret, copyright, moral right, right of publicity,
privacy or other proprietary right of any party;
constitutes unauthorized or
unsolicited advertising, junk or bulk email (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form
of lottery or gambling;
contains software viruses or any
other computer code, files, or programs that are designed or intended to
disrupt, damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of any third party; or
impersonates any person or entity,
including any employee or representative of this site, its licensors or
advertisers.
No Collection of Information. You also
agree that you shall not harvest or collect information about the users of
this site or use such information for the purpose of transmitting or
facilitating transmission of unsolicited bulk electronic email or
communications for any other commercial purpose of your own or a third
party.
Appropriate Consent Required for
Minors. You further agree that you shall not solicit or collect information,
or attempt to induce any physical contact with, anyone 18 years old or
younger without appropriate parental consent.
Removal of Content. This site generally
does not pre-screen, monitor, or edit the content posted by users of this
site. However, this site and its agents have the right, at their sole
discretion, to remove any content that, in this site's sole judgment, does
not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure,
delay, damages or results, in removing such content.
Termination of Use. You agree that your
use of this site may be suspended or terminated immediately upon receipt of
any notice which alleges that you have used this site in violation of these
Rules and/or for any purpose that violates any local, state, federal or law
of other nations, including but not limited to the posting of information
that may violate third party rights, that may defame a third party, that may
be obscene or pornographic, that may harass or assault other, that may
violate hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, you agree that the owner
of this site may disclose your identity and contact information, if
requested by a government or law enforcement body or as a result of a
subpoena or other legal action, and the owner of this site shall not be
liable for damages or results of a subpoena or other legal action, , and you
agree not to bring any action or claim against the owner of this site for
such disclosure.
Intellectual Property Rights.
Copyright. The Site design, text,
content, selection and arrangement of elements, organization, graphics,
compilation, magnetic translation, digital conversion, and other matters
related to the Site are protected under applicable copyright laws, ALL
RIGHTS RESERVED. The posting of any such elements on the Site does not
constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through the Site. Except as
otherwise provided herein, none of these elements may be used, copied,
reproduced, downloaded, posted, displayed, transmitted, mechanical,
photocopying, recording, or otherwise, without Company's prior written
permission.
Trademark. The WCOBM name, logo, and
all product names, company names, and other logos, unless otherwise
noted, are trademarks and/or trade dress of WCOBM. The use or misuse of
any Marks or any other materials contained on the Site, without the
prior written permission of their owner, is expressly prohibited.
Third-Party Sites. You may be transferred
to online merchants or other third-party sites through links or frames from
this site. You are cautioned to read their Terms and Conditions and/or
Privacy Policies before using such sites. These sites may contain
information or material that is illegal, unreasonable or that some people
may find inappropriate or offensive. These other sites are not under the
control of the Company and are not monitored or reviewed by the Company. The
inclusion of such a link or frame does not imply endorsement of this site by
the Company, its advertisers or licensors, any association with its
operators and is provided solely for your convenience. You agree that the
Company and its licensors have no liability whatsoever from such third party
sites and your usage of them.
Disclaimer of Warranties. The Company,
its advertisers and licensors make no representation or warranties about
this site, the suitability of the information contained on or received
through use of this site, or any service or products received through this
site. All information and use of this site are provided "as is" without
warranty of any kind. The Company, advertisers and/or its licensors hereby
disclaim all warranties without regards to this site, the information
contained or received through use of this site, and any services or products
received through this site, including all express, statutory, and implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement. The Company, advertisers and/or its licensors do not
warrant that the contents or any information received through this site are
accurate, reliable or correct; that this site will be available at any
particular time or location; that any defects or errors will be corrected;
or that the contents of any information received through this site is free
of viruses or other harmful components. Your use of this site is solely at
your risk. User agrees that it has relied on no warranties, representations
or statements other than in this Agreement. Because some jurisdictions do
not permit the exclusion of certain warranties, these exclusions may not
apply to you but shall apply to the maximum extent permitted by law of your
jurisdiction.
Limitation of Liability. Under no
circumstances shall the Company, advertisers and/or its licensors be liable
for any direct, indirect, punitive, incidental, special, or consequential
damages that result from the use or inability to use, this site. This
limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if the Company,
advertisers and/or its licensors have been advised of the possibility of
such damage. Because some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, the Company, advertisers
and/or its respective licensors' liability in such jurisdictions shall be
limited to the maximum extent permitted by law of your jurisdiction.
Indemnification. You agree to defend,
indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use of this
site, or any services, information or products from this site, or any
violation of this Agreement. The Company reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate with
the Company in asserting any available defenses.
Legal Compliance. Company may suspend or
terminate this Agreement or User's use immediately upon receipt of any
notice which alleges that User has used this site for any purpose that
violates any local, state, federal or law of other nations, including but
not limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or pornographic,
that may harass or assault other, that may violate hacking or other criminal
regulations of its agent, officers, directors, contractors or employees. In
such event, Company may disclose the User's identity and a subpoena or other
legal action, and Company shall not be liable for damages or results thereof
and User agrees not to bring any action or claim against Company for such
disclosure.
Choice of Law and Forum. This site
(excluding third party linked sites) is controlled by the Company from its
offices within the State of Nevada, United States of America. It can be
accessed from all 50 states as well as from other countries around the world
to the extent permitted by site. As each of these places has laws that may
differ from Nevada, by accessing this site, both you and the Company agree
that the statutes and laws of Nevada shall apply to any actions or claims
arising out of or in relation to this Agreement or your use of this site,
without regards to conflicts of laws principles thereof. You and the Company
also agree and hereby submit to the filing of any claim only in the
exclusive personal jurisdiction and venue of Nevada and any legal
proceedings shall be conducted in English. The Company makes no
representation that materials on this site are appropriate or available for
use in other locations, and accessing them from territories where their
contents are illegal is prohibited.
Miscellaneous. This Agreement
incorporates by reference the Site Submission Rules if this site allows
posting and posts such Rules. This Agreement constitutes the entire
agreement between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written
agreement signed by an officer of the Company. If any provision of this
Agreement is prohibited by law are held to be unenforceable, the remaining
provisions hereof shall not be affected, and this Agreement as much as
possible under applicable law shall continue in full force and effect as if
such unenforceable provision had never constituted a part hereof and the
unenforceable provision shall be automatically amended so as to best
accomplish the objectives of such unenforceable provision within the limits
of applicable law.
Changes. This site reserves the right to
revise these provisions at its discretion, so check back from time to time
to be sure you are complying with the current version.