Terms
of Service (TOS)
1. ACCEPTANCE OF TERMS
Welcome to the WEN-Sales.com. website. We provide the
contents
of
our website to you subject to the following terms of service.
2. YOUR REGISTRATION
OBLIGATIONS
In consideration of your use of the WEN-Sales.com
website and other services ("Service"), you agree to:
- (a)
provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being
the "Registration Data") and
- (b) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or WEN-Sales.com has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, WEN-Sales.com has the
right
to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
3. WEN-Sales.com
PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy
Policies.
4. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not WEN-Sales.com, are
entirely responsible for all Content that you upload, post, e-mail or
otherwise transmit via the Service. WEN-Sales.com does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will WEN-Sales.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a result
of the use of any Content posted, e-mailed or otherwise transmitted via
the Service.
5. INDEMNITY
You agree to indemnify and hold WEN-Sales.com, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation
of the Terms of Service, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
7. MODIFICATIONS TO
SERVICE
WEN-Sales.com reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
You agree that WEN-Sales.com shall not be liable to you
or to any third party for any modification, suspension or
discontinuance of the Service.
8. WEN-Sales.com's
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and
laws. Except as expressly authorized by WEN-Sales.com
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
9. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- (a) YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WEN-Sales.com EXPRESSLY
DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- (b) WEN-Sales.com
MAKES NO WARRANTY THAT
- (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS,
- (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE,
- (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- (c)
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- (d)
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM WEN-Sales.com OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
10. LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEN-Sales.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WEN-Sales.com HAS BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM:
- (i) THE USE OR THE
INABILITY TO USE THE SERVICE;
- (ii) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- (iii)
ANY OTHER MATTER RELATING TO THE SERVICE.
11. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. DISCLAIMER
REGARDING SEARCH
Search and Directory are free services offered
by WEN-Sales.com. Because the Web changes constantly, no
search
engine
technology can possibly have all accessible sites at any given time.
Thus, WEN-Sales.com explicitly disclaims any
responsibility for the Content or availability of information contained
in our search index or directory.
13. DISCLAIMER TO
USERS OF WEN-Sales.com SHOPPING RECOMMENDATIONS
WEN-Sales.com has
created shopping recommendations in
order to help you find as many prominent online retailers as possible.
Although we have reviewed each site linked
from WEN-Sales.com,
the sites that are linked to WEN-Sales.com
from merchants are owned and operated by independent retailers, and
therefore, we cannot ensure that you will be satisfied with their
products, services, or business practices. You are strongly encouraged
to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these
third parties.
14. TRADEMARK
WEN-Sales.com,
the WEN-Sales.com logo, our newsletters and product and
service
names are trademarks of WEN-Sales Publishing.
Without WEN-Sales.com's prior
permission, you agree not to display or use these trademarks in any
manner
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