
© 2008 WorldwideDefense.com, All Rights Reserved. | |
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Terms of Service
Welcome to our Website. By using our
site, you are agreeing to comply with
and be bound by the following terms of
use. Please review the following terms
carefully. If you do not agree to these
terms, you should not use this site. The
term “WorldwideDefense” or
“us” or “we” or
“our” refers to WorldwideDefense.com,
the owner of the Website. The term “you”
refers to the user or viewer of our Website.
1. Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement
("Agreement") with respect
to our site (the "Site").
This Agreement constitutes the entire
and only agreement between us and you,
and supersedes all prior or contemporaneous
agreements, representations, warranties
and understandings with respect to the
Site, the content, products or services
provided by or through the Site, and
the subject matter of this Agreement.
This Agreement may be amended at any
time by us from time to time without
specific notice to you. The latest Agreement
will be posted on the Site, and you
should review this Agreement prior to
using the Site.
2. Copyright.
The content, organization, graphics,
design, compilation, magnetic translation,
digital conversion and other matters
related to the Site are protected under
applicable copyrights, trademarks and
other proprietary (including but not
limited to intellectual property) rights.
The copying, redistribution, use or
publication by you of any such matters
or any part of the Site, except as allowed
by Section 4 below, is strictly prohibited.
You do not acquire ownership rights
to any content, document or other materials
viewed through the Site. The posting
of information or materials on the Site
does not constitute a waiver of any
right in such information and materials.
Some of the content on the site is the
copyrighted work of third parties.
3. Service Marks.
“WorldwideDefense.com" and
others are our service marks or registered
service marks or trademarks. Other product
and company names mentioned on the Site
may be trademarks of their respective
owners.
4. Limited License; Permitted
Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and
use the Site strictly in accordance
with this Agreement; (b) to use the
Site solely for internal, personal,
non-commercial purposes; and (c) to
print out discrete information from
the Site solely for internal, personal,
non-commercial purposes and provided
that you maintain all copyright and
other policies contained therein. No
print out or electronic version of any
part of the Site or its contents may
be used by you in any litigation or
arbitration matter whatsoever under
any circumstances.
5. Restrictions and Prohibitions
on Use.
Your license for access and use of
the Site and any information, materials
or documents (collectively defined as
“Content and Materials”)
therein are subject to the following
restrictions and prohibitions on use:
You may not (a) copy, print (except
for the express limited purpose permitted
by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease,
loan or otherwise make available in
any form or by any means all or any
portion of the Site or any Content and
Materials retrieved therefrom; (b) use
the Site or any materials obtained from
the Site to develop, of as a component
of, any information, storage and retrieval
system, database, information base,
or similar resource (in any media now
existing or hereafter developed), that
is offered for commercial distribution
of any kind, including through sale,
license, lease, rental, subscription,
or any other commercial distribution
mechanism; (c) create compilations or
derivative works of any Content and
Materials from the Site; (d) use any
Content and Materials from the Site
in any manner that may infringe any
copyright, intellectual property right,
proprietary right, or property right
of us or any third parties; (e) remove,
change or obscure any copyright notice
or other proprietary notice or terms
of use contained in the Site; (f) make
any portion of the Site available through
any timesharing system, service bureau,
the Internet or any other technology
now existing or developed in the future;
(g) remove, decompile, disassemble or
reverse engineer any Site software or
use any network monitoring or discovery
software to determine the Site architecture;
(h) use any automatic or manual process
to harvest information from the Site;
(i) use the Site for the purpose of
gathering information for or transmitting
(1) unsolicited commercial email; (2)
email that makes use of headers, invalid
or nonexistent domain names, or other
means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a
manner that violates any state or federal
law regulating email, facsimile transmissions
or telephone solicitations; and (k)
export or re-export the Site or any
portion thereof, or any software available
on or through the Site, in violation
of the export control laws or regulations
of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site
or through other Web sites sample and
actual forms, checklists, business documents
and legal documents (collectively, “Documents”).
All Documents are provided on a non-exclusive
license basis only for your personal
one-time use for non-commercial purposes,
without any right to re-license, sublicense,
distribute, assign or transfer such
license. Documents are provided for
a charge and without any representations
or warranties, express or implied, as
to their suitability, legal effect,
completeness, currentness, accuracy,
and/or appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER
OF THE DOCUMENTS DISCLAIM ANY WARRANTIES,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may
be inappropriate for your particular
circumstances. Furthermore, state laws
may require different or additional
provisions to ensure the desired result.
You should consult with legal counsel
to determine the appropriate legal or
business documents necessary for your
particular transactions, as the Documents
are only samples and may not be applicable
to a particular situation. Some Documents
are public domain forms or available
from public records.
7. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made available
through the Site is not intended to
and does not constitute legal advice,
recommendations, mediation or counseling
under any circumstance and no attorney-client
relationship is formed. We do not warrant
or guarantee the accurateness, completeness,
adequacy or currency of the information
contained in or linked to the Site.
Your use of information on the Site
or materials linked to the Site is entirely
at your own risk. We are not a law firm
and the Site is not a lawyer referral
service.
8. Linking to the Site.
You may provide links to the Site,
provided (a) that you do not remove
or obscure, by framing or otherwise,
advertisements, the copyright notice,
or other notices on the Site, (b) your
site does not engage in illegal or pornographic
activities, and (c) you discontinue
providing links to the Site immediately
upon request by us.
9. Advertisers.
The Site may contain advertising and
sponsorships. Advertisers and sponsors
are responsible for ensuring that material
submitted for inclusion on the Site
is accurate and complies with applicable
laws. We are not responsible for the
illegality or any error, inaccuracy
or problem in the advertiser’s
or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from,
the Site may require you to register.
If registration is requested, you agree
to provide us with accurate, complete
registration information. Your registration
must be done using your real name and
accurate information. Each registration
is for your personal use only and not
on behalf of any other person or entity.
We do not permit (a) any other person
using the registered sections under
your name; or (b) access through a single
name being made available to multiple
users on a network. You are responsible
for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that
the Site will be error-free, free of
viruses or other harmful components,
or that defects will be corrected. We
do not represent or warrant that the
information available on or through
the Site will be correct, accurate,
timely or otherwise reliable. We may
make changes to the features, functionality
or content of the Site at any time.
We reserve the right in our sole discretion
to edit or delete any documents, information
or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the
Site or may be accessible via links
from the Site. We are not responsible
for and assume no liability for any
mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions,
representations or any other form of
content on the Site. You understand
that the information and opinions in
the third party content represent solely
the thoughts of the author and is neither
endorsed by nor does it necessarily
reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of
this Agreement and to take any action
we deem appropriate, including but not
limited to reporting any suspected unlawful
activity to law enforcement officials,
regulators, or other third parties and
disclosing any information necessary
or appropriate to such persons or entities
relating to your profile, email addresses,
usage history, posted materials, IP
addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and
hold us and our partners, agents, officers,
directors, employees, subcontractors,
successors, assigns, third party suppliers
of information and documents, attorneys,
advertisers, product and service providers,
and affiliates (collectively, "Affiliated
Parties") harmless from any liability,
loss, claim and expense, including reasonable
attorney's fees, related to your violation
of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable
or assignable. Any password or right
given to you to obtain information or
documents is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE,"
WITH “ALL FAULTS”, AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE
PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR
ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall
not be liable for any loss, injury,
claim, liability, or damage of any kind
resulting in any way from (a) any errors
in or omissions from the Site or any
services or products obtainable therefrom,
(b) the unavailability or interruption
of the Site or any features thereof,
(c) your use of the Site, (d) the content
contained on the Site, or (e) any delay
or failure in performance beyond the
control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND
THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE SITE AND/OR THE PRODUCTS, INFORMATION,
DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all
information regarding Site uses by you
and all information provided by you
in any manner consistent with our Privacy
Policy. All remarks, suggestions, ideas,
graphics, or other information communicated
by you to us (collectively, a "Submission")
will forever be our property. We will
not be required to treat any Submission
as confidential, and will not be liable
for any ideas (including without limitation,
product, service or advertising ideas)
and will not incur any liability as
a result of any similarities that may
appear in our future products, services
or operations. Without limitation, we
will have exclusive ownership of all
present and future existing rights to
the Submission of every kind and nature
everywhere. We will be entitled to use
the Submission for any commercial or
other purpose whatsoever, without compensation
to you or any other person sending the
Submission. You acknowledge that you
are responsible for whatever material
you submit, and you, not us, have full
responsibility for the message, including
its legality, reliability, appropriateness,
originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise
certain third-party product or service
providers ("Merchants") from
which you may purchase certain goods
or services. You understand that we
do not operate or control the products
or services offered by Merchants. Merchants
are responsible for all aspects of order
processing, fulfillment, billing and
customer service. We are not a party
to the transactions entered into between
you and Merchants. You agree that use
of or purchase from such Merchants is
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANT
ABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY
DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy
policies) and operating procedures of
Merchants will apply to you while on
any Merchant sites. We are not responsible
for information provided by you to Merchants.
We and the Merchants are independent
contractors and neither party has authority
to make any representations or commitments
on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change
from time to time, is a part of this
Agreement. You must review this Privacy
Policy by clicking on this link.
22. Payments.
You represent and warrant that if you
are purchasing something from us or
from Merchants that (i) any credit information
you supply is true and complete, (ii)
charges incurred by you will be honored
by your credit card company, and (iii)
you will pay the charges incurred by
you at the posted prices, including
any applicable taxes.
23. Securities Laws.
The Site may include statements concerning
our operations, prospects, strategies,
financial condition, future economic
performance and demand for our products
or services, as well as our intentions,
plans and objectives (particularly with
respect to product and service offerings),
that are forward-looking statements.
These statements are based upon a number
of assumptions and estimates which are
subject to significant uncertainties,
many of which are beyond our control.
When used on our Site, words like "anticipates,"
"expects," "believes,"
"estimates," "seeks,"
"plans," "intends,"
"will" and similar expressions
are intended to identify forward-looking
statements designed to fall within securities
law safe harbors for forward-looking
statements. The Site and the information
contained herein does not constitute
an offer or a solicitation of an offer
for sale of any securities. None of
the information contained herein is
intended to be, and shall not be deemed
to be, incorporated into any of our
securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web
sites. We are not responsible for the
content, accuracy or opinions express
in such Web sites, and such Web sites
are not investigated, monitored or checked
for accuracy or completeness by us.
Inclusion of any linked Web site on
our Site does not imply approval or
endorsement of the linked Web site by
us. If you decide to leave our Site
and access these third-party sites,
you do so at your own risk.
25. Copyrights and Copyright
Agents.
We respect the intellectual property
of others, and we ask you to do the
same. If you believe that your work
has been copied in a way that constitutes
copyright infringement, please provide
our Copyright Agent the following information:
a. An electronic or physical
signature of the person authorized to
act on behalf of the owner of the copyright
interest;
b. A description of the copyrighted
work that you claim has been infringed;
c. A description of where the material
that you claim is infringing is located
on the Site;
d. Your address, telephone number, and
email address;
e. A statement by you that you have
a good faith belief that the disputed
use is not authorized by the copyright
owner, its agent, or the law; and
f. A statement by you, made under penalty
of perjury, that the above information
in your Notice is accurate and that
you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims
of copyright infringement on the Site
can be reached by directing an e-mail
to the Copyright Agent at: Admin at
WorldwideDefense.com
26. Information and Press Releases.
The Site contains information and press
releases about us. We disclaim any duty
or obligation to update this information
or any press releases. Information about
companies other than ours contained
in the press release or otherwise, should
not be relied upon as being provided
or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable
domestic and international laws, statutes,
ordinances and regulations regarding
your use of the Site and the Content
and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any
goods or services directly from us,
we will refund you your purchase price
within 30 days of you notifying us in
writing of your desire for the refund,
together with the reason for the request,
with the product or service returned
to us in substantially the same condition
as when purchased. Please note , however,
that certain products and services mentioned
on our site are sold by third parties
or are linked to third party Web sites,
and we have no responsibility or liability
for those products or services. You
may request a refund by contacting us
by email at: Admin at WorldwideDefense.com.
You may obtain any additional information
concerning our refund and return policy,
including our mailing address, by contacting
us at: Admin at WorldwideDefense.com.
29. Miscellaneous.
This Agreement shall be treated as
though it were executed and performed
in Rochester, New York, and shall be
governed by and construed in accordance
with the laws of the State of New York
(without regard to conflict of law principles).
Any cause of action by you with respect
to the Site (and/or any information,
Documents, products or services related
thereto) must be instituted within one
(1) year after the cause of action arose
or be forever waived and barred. All
actions shall be subject to the limitations
set forth in Section 16 and Section
17. The language in this Agreement shall
be interpreted as to its fair meaning
and not strictly for or against any
party. This Agreement and all incorporated
agreements and your information may
be automatically assigned by us in our
sole discretion to a third party in
the event of an acquisition, sale or
merger. Should any part of this Agreement
be held invalid or unenforceable, that
portion shall be construed consistent
with applicable law and the remaining
portions shall remain in full force
and effect. To the extent that anything
in or associated with the Site is in
conflict or inconsistent with this Agreement,
this Agreement shall take precedence.
Our failure to enforce any provision
of this Agreement shall not be deemed
a waiver of such provision nor of the
right to enforce such provision. Our
rights under this Agreement shall survive
any termination of this Agreement.
30. Arbitration.
Any legal controversy or legal claim
arising out of or relating to this Agreement
or our services, excluding legal action
taken by us to collect or recover damages
for, or obtain any injunction relating
to, Site operations, intellectual property,
and our services, shall be settled solely
by binding arbitration in accordance
with the commercial arbitration rules
of JAMS. Any such controversy or claim
shall be arbitrated on an individual
basis, and shall not be consolidated
in any arbitration with any claim or
controversy of any other party. The
arbitration shall be conducted in Rochester,
New York, and judgment on the arbitration
award may be entered into any court
having jurisdiction thereof. Either
you or us may seek any interim or preliminary
relief from a court of competent jurisdiction
in Rochester, New York necessary to
protect the rights or property of you
and us pending the completion of arbitration.
Each party shall bear one-half of the
arbitration fees and costs incurred
through JAMS.
31.
Disclaimer.
Any
legal controversy or legal claim arising
out of or relating to this Agreement
or our services, excluding legal action
taken by us to collect or recover damages
for, or obtain any injunction relating
to, Site operations, intellectual property,
and our services, shall be settled solely
by binding arbitration in accordance
with the commercial arbitration rules
of JAMS. Any such controversy or claim
shall be arbitrated on an individual
basis, and shall not be consolidated
in any arbitration with any claim or
controversy of any other party. The
arbitration shall be conducted in Rochester,
New York, and judgment on the arbitration
award may be entered into any court
having jurisdiction thereof. Either
you or us may seek any interim or preliminary
relief from a court of competent jurisdiction
in Rochester, New York necessary to
protect the rights or property of you
and us pending the completion of arbitration.
Each party shall bear one-half of the
arbitration fees and costs incurred
through JAMS.
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