Ownership and Use of the Website and Information
All rights, title and interests with respect to the Website, including without limitation, the information, products, materials, software and services contained therein or otherwise provided thereby (collectively, the “Information”) and all trademarks, trade names, logos, service marks, page headers, scripts and button icons (collectively “Intellectual Property”) are the property of and owned by Webonise and are protected by copyright, trademark and other laws. Except as expressly provided herein, no right, title or interest in the Website, Information or Intellectual Property is transferred to you. Except for your personal and non-commercial use as authorized below, nothing contained in these Terms or on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to copy, imitate, or use, in whole or in part, the Intellectual Property or Information, without the express written permission of Webonise. Unauthorized copying or use of any Intellectual Property or Information is strictly prohibited. Webonise may amend the Website and/or the Information at any time without prior notice to you as well as deny or limit access to the Website and/or the Information, including without limitation if Webonise learns of or suspects of your breach of these Terms.
Subject to these Terms, Webonise hereby grants you a limited, non-exclusive, revocable, non-assignable, non-transferable and non-sublicensable right to use the Website and the Information for personal and non-commercial use only that is lawful and in accordance with these Terms. All other use is prohibited, including disclosure, copying, distribution and linking (including framing and deeplinking). All rights not expressly granted in these Terms are reserved and retained by Webonise.
By accessing and using the Website, you agree to use the Website, Information, and features associated therewith in accordance with these Terms and all applicable laws, rules and regulations, and further agree that you will not:
- Use the Information for any reason other than personal and non-commercial use without Webonise’s express written consent. This includes copying, downloading, editing, photographing, storing, transmitting, reproducing, distributing, creating derivative works from or publishing the Information or Intellectual Property for commercial, public or other unauthorized use; or otherwise attempting to redistribute, reuse or modify the Information for any purpose without the express written permission of Webonise.
- Launch, transmit, distribute, promote, or otherwise make available material of any kind that contains, without limitation, viruses or any other computer code or file or program designed to interrupt or destroy or limit the functionality of any computer software or hardware or other equipment associated with the Website, a Trojan horse, time bombs, “spiders,” worms, spyware, bots, “offline readers,” any automated use of the system, such as scripts, or other harmful component; or interferes with, limits or disrupts the Website, the functionality thereof, or servers or networks connected to the Website; or disobeys any requirements, procedures, policies or regulations of networks connected to the Website.
- Commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity.
- Rent, lease, loan, or sell access to the Website to any third party.
- Engage in any reverse engineering, or otherwise attempt to gain unauthorized access to Webonise’s computer networks or servers, the Website, or any Information, content, or data associated therewith.
These Terms are effective unless and until terminated by Webonise. You may only terminate these Terms by discontinuing any further use of the Website. Webonise also may terminate or suspend this Website these Terms, at any time, without notice, and accordingly deny you access to the Website, for any reason, including without limitation, if in Webonise’s sole discretion you fail to comply with any term or provision of these Terms is harmful to the interests of another user or Webonise and its Affiliated Parties.
Sections 2, 3, and 6-18, and any terms that by their nature are intended to survive termination, shall survive any termination of these Terms.
If you submit comments, suggestions, ideas, notes, concepts, or other information to Webonise through the Website or otherwise about the Website or any Information or Intellectual Property (“Feedback”), you automatically assign to Webonise all right, title and interest in and to your Feedback. You acknowledge that your Feedback shall be deemed and shall remain the property of Webonise, and you agree that Webonise is entitled to unrestricted use of your Feedback for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Website. Webonise will treat any Feedback you provide as non-confidential and non-proprietary. You understand and acknowledge that Webonise has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Feedback and that Webonise is only willing to accept your Feedback on these terms.
You expressly agree that if you opt-in on the Website to receive commercial emails from Webonise, you will receive communications by email, including promotional communications from time to time. You may stop receiving promotional alerts via email by emailing your request to opt-out. You may not opt out of service-related emails.
Links; Third Party Websites
Links on the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that Webonise and their officers, directors, employees, agents, licensors and content providers (collectively “Webonise and its Affiliated Parties”) will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Webonise expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Website, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Webonise and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Website.
Webonise makes reasonable efforts to ensure that the Information on the Website is accurate and up-to-date. However, electronic communication is not secure and may be intercepted by others, software or spam filters; manipulated; infected with malicious code including viruses; not arrive at its destination or be delayed. WEBONISE AND ITS AFFILIATED PARTIES DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OPERABILITY OR ACCURACY OF THE WEBSITE OR THE INFORMATION. WEBONISE AND ITS AFFILIATED PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE INFORMATION WILL BE ACCURATE, SECURE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE SERVERS OR ELECTRONIC COMMUNICATION THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE INFORMATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
USE OF THE WEBSITE AND THE INFORMATION IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WEBONISE AND ITS AFFILIATED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so the foregoing may not apply to You.
Limitation of Liability
WEBONISE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBONISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THE INFORMATION. WEBONISE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COSTS INCURRED OR DAMAGE SUSTAINED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE WEBSITE, INFORMATION OR ELECTRONIC COMMUNICATION, INCLUDING IF THE WEBSITE, THE INFORMATION OR ELECTRONIC COMMUNICATION (I) IS UNUSABLE OR CAN ONLY BE USED IN PART OR WITH LIMITATIONS, (II) LACKS ACCURACY, RELEVANCE OR CURRENCY OR CONTAINS TYPING ERRORS, (III) IS INTERCEPTED, MANIPULATED, INFECTED, OR DOES NOT ARRIVE AT ITS DESTINATION, (IV) IS DELAYED, (V) CAUSES LOSS OF DATA OR (VI) HARMS COMPUTER SYSTEMS. ALL EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE LEGAL GROUND ON WHICH LIABILITY IS BASED (WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, IN WHICH CASE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL NOT EXCEED $100.00 USD.
You agree to defend, indemnify and hold harmless Webonise and its Affiliated Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and court costs) resulting from your violation of these Terms or your use of the Website, including, without limitation, any use of the Information other than as expressly authorized in these Terms.
Third Party Beneficiaries
The provisions in these Terms are made for the benefit of Webonise and its past, present and future group companies, shareholders in Webonise and their respective holding companies, persons having worked for, working for and going to work for Webonise or any of its group companies (such as partners, advisors, employees, trainees, temps and free-lancers and including third party suppliers and subcontractors).
Governing Law; Jurisdiction
These Terms and the legal relationships to which these Terms apply shall be governed by, enforced and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Disputes shall be submitted to a court of competent jurisdiction in Wake County, North Carolina. Notwithstanding the above, Webonise shall have the right to institute proceedings in any competent court in your jurisdiction.
Waiver and Severability
No waiver of these Terms by Webonise shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Webonise to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
If you have questions or comments about these Terms or the Website, please write or email us via the contact information below:
Webonise US, LLC
8354 Six Forks Road
Raleigh, NC 27615