SITE TERMS OF USE

 

Last Updated: January 8, 2019

 
These terms and conditions (“Terms of Use”) describe the agreement between Wi-Tronix, LLC and its parents, subsidiaries, members, officers, agents, representatives, employees, affiliates, successors, and assigns (collectively, hereinafter “Wi-Tronix,” “we,” “our,” and “us”) and you, which govern your access to and/or use of the website and/or use of any mobile versions and/or applications, and any sites Wi-Tronix may have now and/or in the future (collectively, the “Site”).

By using the Site, you signify your agreement with this Terms of Use and are entering into a legally binding agreement with Wi-Tronix.  Please read this Terms of Use carefully.  If you do not accept this Terms of Use, now or in the future, please stop your use of the Site immediately, in which case any continuing access and/or use of the Site is unauthorized.


PRIVACY POLICY

You also agree to Wi-Tronix’s privacy policy, located at https://www2.wi-tronix.com/privacy-policy/ and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms of Use.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WI-TRONIX WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.


CHANGES TO TERMS

Subject to the conditions set forth herein, Wi-Tronix may, at any time, for any reason, in its sole discretion make changes to the Site and/or modify this Terms of Use.  If Wi-Tronix makes changes and/or modifications that affect your access to and/or use of the Site, Wi-Tronix will provide a notice of such changes only by posting the updated Terms of Use on the page and changing the “last updated” date listed above.  We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances.  If you do not agree with the changes and/or modifications, you shall not use the Site after the effective date of the changes.  Please revisit this Terms of Use regularly to ensure that you stay informed of any changes


SITE ACCESSIBILITY.

You are responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. Wi-Tronix will not be liable for any damages to, or viruses that might infect, your computer or other property as a result of your use of the Site. You acknowledge there may be interruptions in Internet service beyond Wi-Tronix’s control, and Wi-Tronix will not be responsible for any data lost during Internet transmissions. While it is Wi-Tronix’s intention to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that the Site may be interrupted, suspended, or terminated from time to time. Wi-Tronix will not be responsible for your inability to access the Site.  You understand and agree that there may be interruptions to the Site due to circumstances both within our control (e.g., routine maintenance) and outside of Wi-Tronix’s control. The Site may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.


SCOPE OF USE

Eligibility.  To access and/or use the Site, you must be thirteen (13) years or older and have the requisite power and authority to enter into this Terms of Use and meet any other applicable age and residency requirements.   The Site is not intended for and should not be used by anyone under the age of thirteen (13) unless Wi-Tronix receives legal parental or guardian consent.  Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Site.  You may not access and/or use the Site for any purpose if either of the representations in the preceding sentence are not true.

Customer Login.  Wi-Tronix maintains restricted pages on the Site that require a user name and password for access. User names and passwords for the restricted pages are provided pursuant to separate contractual agreements with Wi-Tronix customers and are subject to additional terms and conditions.

Communications from Wi-Tronix.  By using the Site, you agree to receive certain communications in connection with the Site.  When you access and/or use the Site, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Site provided to you via email.  You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting us. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period to process your request for withdrawal.


Your Responsibilities.
  Wi-Tronix grants you the rights set forth herein, subject to the following conditions:

(a)    You agree not to upload or transmit content that violates the privacy, intellectual property, or other proprietary rights of any third party;

(b)   You shall not transmit viruses, Trojan horses, worms, malicious code, or other harmful or destructive content;

(c)    You will not violate this Terms of Use, the ‘Privacy Policy’ or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;

(d)   You agree not to harm the goodwill or standing of Wi-Tronix or any of its clients, partners, employees, affiliates, agents, contractors, or representatives;

(e)    You shall not attempt to probe, scan, test, or violate the security features of the Site or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;

(f)    You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;

(g)   You shall not gather email addresses through harvesting and we also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Site via automated means (except as may be the result of standard search engine protocols and/or technologies used with Wi-Tronix’s express written consent);

(h)   You shall not transmit unsolicited advertising, promotional materials, and/or any other forms of solicitation; and

(i)    You agree not to interfere with the use of the Site by any other user.


USE OUTSIDE DEFINED AREA

Please be aware that the Site is subject to United States laws, including laws governing privacy and security of your information.  Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.  This Terms of Use is written in English.  To the extent any translated version of this Terms of Use conflicts with the English version, the English version controls.   In the event you are using the Site outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of ‘Specially Designated Nationals’ you will not engage in commercial activities on Wi-Tronix (such as advertising or payments); and/or (iii) you will not use Wi-Tronix if you are prohibited from receiving products, Site or software originating from the United States.


ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information on the Site that contain typographical errors, inaccuracies, and/or omissions that may relate to Site, contact information, address, and events.  We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to content, events, descriptions, service and/or other information without obligation to issue any notice of such changes, except as prohibited by law.  We also reserve the right to revise, suspend and/or terminate an event and/or promotion at any time without notice and without liability.


PROPRIETARY RIGHTS AND LICENSES

Ownership: The Site, any content and/or products on the Site and the infrastructure used to provide the Site is proprietary to Wi-Tronix, our affiliates, and other content providers.  By using the Site and accepting this Terms of Use, Wi-Tronix grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Site pursuant to this Terms of Use and to any additional terms and policies set forth by Wi-Tronix.  Neither this Terms of Use nor your use of the Site convey and/or grant to you any rights: (i) in or related to the Site except for the limited license granted above; and (ii) to use or reference in any manner Wi-Tronix’s names, logos, product and service names, trademarks or Site marks or those of Wi-Tronix’s licensors.

Reservation of Rights.  The materials, headers, videos, illustrations, photographs, graphics and content on the Site, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions.  Subject to the limited rights expressly granted hereunder, Wi-Tronix and/or its third-party providers reserve all right, title and interest in and to the Site and content, including all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein.

Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Site (“Feedback”), then you grant to Wi-Tronix a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. Wi-Tronix has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.


INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless Wi-Tronix, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) your use of Wi-Tronix’s Site; and/or (ii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives.  You shall give prompt notice to Wi-Tronix upon your receipt of notice of any Claim against you which might give rise to a claim against Wi-Tronix.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE AND ANY CONTENT, ARE PROVIDED BY WI-TRONIX TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH WI-TRONIX EXPRESSLY DISCLAIMS.  WITHOUT LIMITING THE FOREGOING, WI-TRONIX AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, AND/OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) WI-TRONIX WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SITE AND/OR ANY CONTENT.  NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WI-TRONIX AND/OR THROUGH AND/OR FROM USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.


LIMITATION OF LIABILITY

YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK.  IN NO EVENT SHALL WI-TRONIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WI-TRONIX HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE.  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY WI-TRONIX ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, WI-TRONIX’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WI-TRONIX’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SITE IS LIMITED TO ONE HUNDRED DOLLARS (U.S. $100.00).


LINKED SITES

The Site may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only.  Wi-Tronix does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice or statements contained within such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites at your own risk.  We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each Linked Site that you visit.  Wi-Tronix reserves the right to terminate any link and/or linking program at any time.  Wi-Tronix disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials or information contained on such Linked Sites.


SEPARATE AGREEMENT

Nothing contained on the Site is an offer or promise by Wi-Tronix to sell a specific product and/or service for a specific price or that Wi-Tronix will sell any product and/or service for any purpose or price or on any specific terms.   You may have other agreements with Wi-Tronix.  This Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Wi-Tronix.


ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Terms of Use or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with commercial arbitration rules. 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 Chicago, Illinois.


DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

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:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(ii) A description of the copyrighted work that you claim has been infringed;

(iii) A description of where the material that you claim is infringing is located on the Site;

(iv)  Your address, telephone number, and e-mail address;

(v) 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

(vi) 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 mheilmann@Wi-Tronix.com.


MISCELLANEOUS

If any provision and/or term of this Terms of Use shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from it.  If an applicable law is in conflict with any part of this Terms of Use, this Terms of Use will be deemed modified to conform to the law and the other provisions will not be affected by any such modification.  No waiver by either you and/or Wi-Tronix of any breach and/or default and/or failure to exercise any right allowed under this Terms of Use is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Use.


Contact us:
If you would like to request additional information regarding this Terms of Use, please contact us at info@wi-tronix.com.