Web Services Pros LLC.’s (“WPS”) Web Site comprises several Web sites and Web pages operated by WPS or its subsidiaries, affiliates, and business partners (collectively, the “WPS Web Sites’).
1. The WPS Web Sites
The WPS Web Sites include www.webservicespros.com and all subdomains.
2. Agreement To Rules Of User Conduct
3. Third Party Sites
The WPS Web Sites may produce automated search results or directly provide links to other Internet web sites (“Outside Sites”). Outside Sites are not under the direct or indirect control or direction of WPS, and you acknowledge that WPS is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Outside Sites. The existence of, or links to, Outside Sites does not imply endorsement of the site, or its content, by WPS.
4. Proprietary Rights
5. Copyright Notice
6. Limited License
By posting or submitting information (regardless of form or type) to the WPS Web Sites, you explicitly and unreservedly (except as prohibited by law):
a. Grant WPS, its affiliates, and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the information in any form and for any purpose; and
b. Warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of such information by WPS will not infringe or violate the rights of any third party or violate any law.
7. Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WPS WEBSITES FOR YOUR USE (THE “CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WPS, ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WPS WEBSITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WPS WEBSITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR BE LIMITED IN ITS APPLICATION, TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WPS, ITS SUBSIDIARIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT, DIRECTLY OR INDIRECTLY, FROM THE USE OF, OR INABILITY TO USE, THE WPS WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WPS, ITS SUBSIDIARIES, OR LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED IN THIS PARAGRAPH, WPS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree, upon notice, to defend, indemnify, and hold harmless WPS, its subsidiaries and other affiliated companies, and their employees, contractors, officers, directors, and shareholders from any and all liabilities and claims of whatever nature, and expenses, including reasonable attorney’s fees, that arise from your use or misuse of the WPS Web Sites. WPS reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. In the event of such an election, you shall fully cooperate with WPS in asserting any available defenses.
10. Legal Compliance
WPS makes no representation that the content on the WPS Web Sites is appropriate or available for use in locations outside the United States, and accessing the same from jurisdictions where such content is illegal is prohibited. You understand and agree that your access and use of the WPS Web Sites is at your initiative and risk, and in compliance with, and pursuant to, the laws of the jurisdiction from where you initiate such access and/or the laws of the jurisdiction where you use WPS’ services.
11. Choice Of Law & Forum
12. Severability And Integration