Last Updated: March 1, 2019
PLEASE READ THIS AGREEMENT CAREFULLY.
WITS reserves the right to block your access to the Site and may discontinue or restrict your use of the Site for any reason.
LICENSE FOR USE OF MATERIALS ON THE SITE.
The content on the Site includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from WITS’s licensors, and other materials (“Content”). Title to the Content on the Site remains with WITS. We invite you to view and use a single copy of the materials obtained from the Site for your personal, non-commercial use. Except as expressly permitted on the Site, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Site. No graphics, photographs, or other visual elements obtained through the Site may be used, copied, or distributed separately from the accompanying text without the prior express written consent of the original owner or WITS. You are not permitted to use the materials on the Site except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage the Site. You may not, without WITS’s written permission, “mirror” any Content contained in the Site or any other server.
THIRD-PARTY SERVICES AND CONTENT.
We have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Of course, please exercise discretion in sending us your information, as data security protections cannot protect your information with certainty.
LINKS TO SITE.
Unless otherwise set forth in a written agreement between you and WITS, you must adhere to WITS’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with WITS’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with WITS, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website, and (iv) WITS reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of WITS’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.
WITS, and all other names of WITS, referenced herein, are registered or common law trademarks of WITS in the United States. For more information, please contact WITS at firstname.lastname@example.org. Unauthorized use of any WITS trademark, service mark or logo may be a violation of federal and state law.
DISCLAIMERS AND LIMITATION OF LIABILITY.
THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE CONTENT AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.
WITS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR ACTION, EVEN IF WITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent that WITS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of WITS liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, SERVICES, OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, AND THE CONTENT. NO ACTION MAY BE MAINTAINED AGAINST WITS, OR ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS. UNDER NO CIRCUMSTANCES SHALL WITS, ITS SUBSIDIARIES, AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS, OR THIRD-PARTY USER-GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, defend and hold WITS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Site and/or breach of this Agreement.
The Site is operated by WITS from its offices in the United States. WITS makes no representation that the Content of the Site is available or appropriate for use in other locations. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. Please know that by accessing or using the Site from outside the United States, you agree to the transfer of your information to the United States.
CHOICE OF LAW/FORUM.
All claims arising out of this Agreement or relating to the Site will be governed by the laws of the State of Texas, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to the Site shall be brought exclusively in a state or federal court in Houston, Texas, USA.
If you have any questions, concerns, or suggestions regarding this Agreement please contact us at: email@example.com.