Terms and Conditions of Use Agreement
TERMS AND CONDITIONS OF USE
The following terms and conditions govern the use of INWAC's website. Please read these Terms and Conditions of Use carefully before using the website. By accessing, browsing or otherwise using INWAC's website, you represent that you are at least eighteen (18) years of age and that you have read, understood, intend to, and agree to be legally bound by these Terms and Conditions of Use. Your use of INWAC's website constitutes consideration, the sufficiency of which is expressly acknowledged by you. Correspondingly, if you do not agree to the terms of this Agreement, you should immediately discontinue use of the website.
NOTE: THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY AND THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR THE VISITOR'S USE OF THE WEBSITE.
INWAC reserves the right to modify or remove any of the materials or services offered through this website at any time without notice and makes no guarantee as to the information's completeness, reliability or accuracy.
INWAC also reserves the right to review and change this Agreement regarding the use of INWAC's website at any time and to notify you by posting an updated version of the Agreement on this website. You are responsible for regularly reviewing the INWAC's Agreement. Continued use of the INWAC website after any such changes shall constitute your consent to such changes.
Any rights not expressly granted herein are reserved by INWAC.
Registration is not required to use INWAC's website. Registration is required if you wish to receive INWAC's Newsletter or if you wish to add your organization's information to the website directory.
AGE OF MAJORITY
INWAC's website is intended for use by adults. If you are under the age of eighteen (18), you may use this website only with involvement of and the permission of your parent or guardian. If you are a minor's parent or legal guardian, you must monitor and supervise the use of INWAC's website by persons under the age of eighteen (18) who are under your care. Further, you agree to and have accepted responsibility for their use of this website.
"INWAC™" is a trademark of INWAC, and it may not be copied, imitated or used, in whole or in part, without INWAC's prior written permission.
All content, including, without limitation, graphics, logos, text, images and other features appearing on INWAC's website are the copyrights, trademarks and other intellectual property owned, controlled or licensed by INWAC. This content is protected by copyright separately and as a collective work or compilation under U.S. and International copyright law and is the property of the INWAC, its licensors, or the party credited as the provider of the content, as the case may be.
As a user of this website, you may not copy, distribute, transmit, reproduce, publish, create derivative works, or in any way use any of the content on the website without the prior written permission of INWAC. This prohibition includes, without limitation, the publication of any part of the content on any other website, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this website shall be directed to INWAC.
If you register on INWAC's website for any purpose, you agree that any provided information will be current, accurate and complete.
You agree not to upload, distribute or otherwise post or publish any information, text or other material, that is illegal, unlawful, libelous, defamatory, lewd, obscene, indecent, pornographic, harassing, threatening, invasive, abusive, inflammatory or otherwise objectionable; or that would constitute or encourage a criminal offense or that would otherwise create liability or violate any local, state, national, or international law; or that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting to the website, you warrant that you have the lawful right to reproduce and distribute said content. Further, if you upload items in which you claim intellectual property rights (e.g. a logo) you grant INWAC an irrevocable, limited license to use your intellectual property on its website, throughout the universe, forever.
You agree not to upload, distribute or otherwise post or publish charity requests, signature petitions, chain letters, items relating to pyramid schemes, advertising or money solicitations, political campaigning, mass mailings, any form of unsolicited e-mail or "spam," or offering or disseminating fraudulent services or goods, schemes or promotions.
You agree not to use INWAC's website to disseminate cancel bots, time bombs, Trojan horses, viruses, worms, zombies, or any other computer programs that may interfere with or damage any other program, data or computer system.
INWAC reserves the right to monitor and review INWAC submissions online and in storage, and to remove or reject any material, which INWAC, at its sole discretion, believes may be unlawful or objectionable without prior notice to User; however, the reservation of this right does not create an obligation or duty on INWAC to review or reject material, nor does it create any liability for INWAC.
ACCEPTABLE/UNACCEPTABLE USE - INDEMNITY.
You agree to comply with all applicable laws and regulations in connection with the use of INWAC's website. You are solely responsible for knowledge of and adherence to any and all applicable laws, statutes, rules and regulations pertaining to their use of this website. Use of the website in violation of any law is prohibited. Any use of the website for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual property – unauthorized transmission of material protected by patent, copyright, trade secret, or other intellectual property right (including, without limitation, the Digital Millennium Copyright Act); (ii) Inappropriate content – any transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations; (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message; (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C. 7701, et. seq., and 16 CFR Part 316).
You agree to indemnify, hold harmless, and defend INWAC from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the terms and restrictions on use of the INWAC website as set forth herein.
INWAC'S WEBSITE, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, INWAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
ALL INFORMATION AND SERVICES PROVIDED THROUGH THE INWAC WEBSITE ARE INTENDED TO BE ACCURATE AND RELIABLE. HOWEVER, THE NATURE AND VAGARIES OF ELECTRONIC TRANSMITTALS AND COMPUTER PROCESSES MAY, AT TIMES, CAUSE CERTAIN FEATURES TO BE TEMPORARILY DELAYED OR SUSPENDED AND OTHER ERRORS TO OCCUR. CONSEQUENTLY, INWAC DOES NOT WARRANT THE TIMELINESS, SEQUENCE, ACCURACY, AVAILABILITY OR COMPLETENESS OF ANY DATA, OR OTHER SERVICES PROVIDED ON OR THROUGH THE INWAC WEBSITE AND INWAC SHALL NOT BE LIABLE FOR THE FAILURE OF TRANSMISSION, DELIVERY OR THE UNAVAILABILITY OF ANY DATA. LIKEWISE, INWAC DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
INWAC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF INWAC OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
IN NO EVENT SHALL INWAC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE EXCEED TEN-PERCENT (10%) OF ANY AMOUNT PAID BY YOU, TO SayYeaNay, LLC AS A RESULT OF YOUR USE OF THIS WEBSITE. THIS AMOUNT SHALL NOT BE CUMULATIVE, BUT WILL BE BASED ON A SINGLE USE EVENT.
Online access to INWAC's website is generally twenty-four (24) hours, seven (7) days a week, except that INWAC's website may be inaccessible from time to time for website maintenance, due to a website failure or other unforeseen events. Although INWAC will try to minimize such inaccessibility, INWAC is not liable under this Agreement for failure to provide access due to such events.
INWAC's policies about gathering and using customer information, including information provided by you in connection with the use of the INWAC website, are posted on INWAC's website and may be amended from time to time. By use of the INWAC website, you agree to INWAC's Privacy Statement.
Security. INWAC's website is not secure. However, some information, such as e-mail addresses and contact names that are entered into the website not visible to other users.
INWAC's website may, from time to time, provide links or references to other websites for your convenience. INWAC does not endorse, approve, certify, or control these other websites, and does not guarantee the accuracy, completeness, efficacy, or timeliness of the information contained on these sites. INWAC is not responsible for the privacy practices, information, products, or services obtained on such other sites and will not be liable for any damages arising from access to such sites. INWAC is not responsible for and has no control over the contents of the information provided in the websites linked to or accessible from this website. You are cautioned that linked websites are governed by their own use and privacy policies, so if you link to such sites, you should make sure to visit the appropriate pages of those sites to determine what policies apply.
Legal Equivalency. This e-document and any other e-documents and policies incorporated herein are deemed to be: a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; legally enforceable as a signed writing as against you and INWAC; and, an "original" if printed as a record established and maintained in the ordinary course of business. These e-documents may be introduced as evidence in any judicial proceeding and shall be admissible to the same extent as other business records, established and maintained in the ordinary course of business.
Entire Agreement. This Agreement contains the entire agreement among the parties, and supersedes all prior agreements, written or oral, with respect to the subject hereof. As between or among the parties, no oral statement or prior written material not specifically incorporated or referenced herein shall be of any force and effect. The parties specifically acknowledge that in entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. All prior representations or agreements, whether written or verbal, not expressly incorporated or referenced herein are superseded.
Waiver and Non-Contractual Remedies; Preservation of Remedies. No delay on the part of INWAC in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any waiver on the part of any party of any such right, power, or privilege, nor any single or partial exercise of any such right, power, or privilege, preclude any further exercise thereof or the exercise of any other such right, power, or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity, except where this Agreement expressly provides otherwise.
Governing Law. This Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law principles.
Jury Trial Waiver. You agree to waive trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether in tort, contract or otherwise) in any way arising out of, related to or connected with this Agreement, INWAC's website or its use. You represent and warrant to each other that this jury trial waiver is knowingly, willingly and voluntarily given.
Jurisdiction and Venue. You consent to the jurisdiction of the courts of the State of Washington, waive any argument that such venue is inconvenient and agree to bring litigation commenced in connection with this Agreement, INWAC's website or its use, in either the Superior or District Court of Spokane County or the Federal District Court for the Eastern District of Washington.
Attorneys Fees and Costs. In the event of a dispute or legal proceeding arising out of or related to this Agreement, INWAC's website or its use, you will be liable to INWAC for INWAC's reasonable attorney's fees, paralegal fees and costs, incurred from the demand letter, forward.
Severability. If any provision of this Agreement is held by court or arbitrator of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect.