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
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
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;
(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
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
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
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
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).
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.