Acceptance of this Agreement
Modifications to this Agreement
The Wescapades may make changes to this Agreement from time to time in its sole discretion, and will post any such changes on the Web Site. Your continued use of the Web Site constitutes your acceptance of any such changes.
Modification or Suspension of the Web Site
You agree that The Wescapades may, in its sole discretion, and at any time, discontinue, suspend or modify its operation of the Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that The Wescapades shall not be liable therefor.
You agree to comply with all applicable local laws regarding online conduct and acceptable content, including without limitation, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that The Wescapades may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any content within the Web Site, for any reason, without prior notice to you. You further agree that The Wescapades shall not be liable to you or to any third party for any termination of your use of, or access to, the Web Site. In the event of any termination of this Agreement or your use of or access to the Web site, you agree the provisions regarding Proprietary Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability shall survive any such termination.
You agree that content available through the Web Site, including without limitation, the license material content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third party advertisers, is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly authorized by The Wescapades or the applicable supplier, sponsor or advertiser, you agree not to resell, duplicate in whole or in part, publish, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on the Web Site or any content (including without limitation any license material) available through the Web Site. Except as expressly provided herein, The Wescapades and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WESCAPADES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WESCAPADES DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THE WESCAPADES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE AND PRODUCTS OFFERED HEREIN, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY LICENSE MATERIAL, SOFTWARE AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR THE LOSS OR DISCLOSURE OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, SOFTWARE AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WESCAPADES OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE WESCAPADES OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF THE WESCAPADES OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE OR LICENSE MATERIAL, (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USING THE LICENSE MATERIAL OR WEBSITE, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Your Contact With Third Parties
Your dealings with third parties found on or through the Web Site, including your participation in promotions, the payment for and delivery of goods, services, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the third party. The Wescapades does not make any representations or warranties with respect to any goods or services which may be obtained from such third parties involving those goods that may incorporate any The Wescapades software. You further agree that The Wescapades will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web site.
The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources over which The Wescapades has no control. You agree that The Wescapades has no responsibility for and no liability for the availability of such external sites or resources, or for the Content, advertising, products, services, or other materials available through such sites or resources. Even though such third party sites may refer to The Wescapades and its products, The Wescapades does not endorse such statements, and makes no representations or warranties with respect to the information contained on the third-party Web Site and takes no responsibility for supplementing, updating or correcting such information. You agree that The Wescapades has no responsibility for and no liability for the content, advertising, products or services available on any third-party Web Site.
You agree to indemnify and hold harmless The Wescapades, its parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorneys’ fees, made by any third party due to, arising out of, or related to your use of the Web Site, your violation of the Agreement or any rights of another in connection with the Web Site.
The Wescapades is a registered trademark of The Wescapades, L.L.C, The Wescapades Logo, and other owned programs are trademarks or service marks of The Wescapades. You may not use or display these marks without The Wescapades’s prior written consent. All other trademarks and/or Logos appearing on the Web Site are the property of their respective owners.
U.S. Government Restricted Rights
The Materials are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of The Wescapades’s proprietary rights in them.
Except as otherwise agreed in writing with an authorized The Wescapades representative, any material, information or other communication you transmit or post to this Web Site will be considered non-confidential and non-proprietary (“Communications”). The Wescapades will have no obligations with respect to the Communications. The Wescapades and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to conflict of laws provisions. You and The Wescapades agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Austin, Texas.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by The Wescapades to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.