Website Terms and Conditions of Use
AGREEMENT BETWEEN USER AND PINWHEEL PRESS:
The Web Site, www.linkstostandrews.com (the “Site”), a service of Pinwheel Press (“Company”), is composed of various Web pages operated by). The Web Site is offered to you (a “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement, on behalf of yourself and your company, to be bound to all such terms, conditions, and notices as long as you continue to use the Site.
MODIFICATION OF THESE TERMS:
Company, in its sole discretion, reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges/fees associated with the use of the Site and/or Services and such changes will be effective upon posting the amended Terms and Conditions to the Web Site. You understand and agree that your use of the Site after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions. You should revisit this page periodically to review the Terms and Conditions.
LINKS TO THIRD PARTY SITES:
The Web Site may contain links to other Web Sites (“Linked Sites”) which are not under the control of Company and Company is not responsible for the contents, and makes no warranty as to the accuracy or reliability of the content on any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.
LINKS TO THIS WEBSITE FROM THIRD PARTY SITES:
Company permits the use of authorized hyperlinks (“Links”) to the Web Site, but Company prohibits the practice of embedding content from the Site into frames, mirroring content, or the use of any meta tags or any other “hidden text” using Company’s name or trademarks. You agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without the express written permission of Company. If you link to the Site, you must follow Company’s guidelines, and you do so at your own risk and the exclusions and limitations set out herein apply to your website by linking to the Site. You must remove any hyperlink to the Site upon Company’s request. Company reserves the right to a) withdraw permission for and/or disable any unauthorized links or frames. Company has no responsibility or liability for any material on other Web Sites that may contain links to the Web Site. Linking to the Web Site shall not suggest that Company promotes or endorses any third party’s causes, ideas, web sites, products or services, or the use of Company content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the Web Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Users of this Site shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Web Site Service.
USE OF COMMUNICATION SERVICES:
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You agree to communicate and conduct negotiations with other members in a respectful manner.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Visiting the Web Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that are provided electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Company shall not be responsible for any website outage or downtime of the site or system. You acknowledge that such outages can occur from time to time and for various reasons including but not limited to acts of god or other force majeure, viruses or other and internet based problems. No matter the reason for the outage, except the intentional misconduct of Company. Company shall not be responsible for any loss you suffer as a result of such outage. You expressly waive any claim for such loss.
MATERIALS PROVIDED TO COMPANY OR POSTED ON WEB SITE
You are solely responsible for the material, information, data, files, images and graphics (“Member Content” or “Submissions”) you post, upload, input, submit or store on the Web Site. You may only submit content to the Site or in connection with the Services that you have the right to submit. By posting, uploading, inputting, providing or submitting your Member Content you warrant, represent, and agree that you own or otherwise control all of the rights to your Member Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Member Content. Any Member Content that infringes the rights of any third party (e.g., content used without express permission of the copyright owner and not otherwise permitted by law) is prohibited and must not be submitted.
Company assumes no liability or guarantee as to the content, legality, or quality of the Member Content posted by you. You agree and guarantee that all items listed for sale are your legal property, in the condition as stated and all information in the listing are correct and free of errors, to your knowledge.
Company does not claim any ownership right of any Member Content you provide to Company (including feedback and suggestions) or post, upload, input, submit or store through the Site or its associated Services. You retain all ownership rights to such Member Content. Member Content is the sole responsibility of the person or entity from which the content originated and you are solely responsible for the content you post, upload, email, transmit, or otherwise make available through the Site and/or Services.
However, by uploading, posting, inputting, providing, or submitting your Member Content to the Web Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant Company (its affiliated companies and necessary sublicensees) an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, worldwide license to use, copy, display, distribute, and create derivative works of such content on the Site and/or to incorporate it in other works in any form, media, or technology known now or later developed, all subject to the terms of any applicable license.
No compensation will be paid with respect to the use of your Member Content, as provided herein. Company is under no obligation to post or use any Member Content you may provide and may remove any Member Content at any time at Company’s sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AND CHANGES WILL BE EFFECTIVE UPON POSTING THE AMENDED TERMS TO THE WEB SITE.
ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Company reserves the right, in its sole discretion, to terminate your access to the Web Site, or any portion thereof at any time, without notice.
You understand and agree that you are personally responsible for your behavior on the Web Site. You agree to indemnify, defend and hold harmless Company, its officers, directors, partners, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), including without limitation reasonable attorneys’ fees and any other expenses relating to or arising out of a) your use of, misuse of, or inability to use the Web Site, information or content, b) any Member Content submitted by you, c) your violation of any terms of these Terms and Conditions or your violation of any rights of a third party, or d) your violation of any applicable laws, rules or regulations.
You also agree to indemnify, defend and hold harmless Company, its officers, directors, partners, managers, employees, agents and third parties, from and against any losses, claims, liabilities, damages, costs and expenses (including without limitation reasonable attorneys’ fees and all related costs and expenses of litigation and arbitration to defend) brought by third party claims arising out of your use of any of the Web Site and the content you make available via any of Web Site by any means, including without limitation through uploading, posting, linking, or reference to content, or otherwise.
Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
All use of the Web Site and its information is subject to intellectual property rights. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Web Site, is the property of Company, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content, and not make any changes thereto.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the website are Copyright 2015 Pinwheel Press. All rights reserved. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Web Site for commercial or public purposes.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer support site. In the unlikely event that the Company is unable to resolve your complaint to your satisfaction (or if Company has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through the dispute resolution procedure outlined herein.
For the purposes of this Dispute Resolution Agreement, references to “Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Please read this carefully. It affects your rights.
a) Negotiation: If Company, determines in its sole discretion that negotiation could achieve a successful resolution, the Parties shall first attempt in good faith to resolve any dispute or claim arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy. The customer shall give Company written notice of any dispute not resolved in the normal course of business. If Company believes a response is necessary, Company shall respond within 30 days after delivery of the notice. The notice shall include (a) a statement of that party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. If requested by Company within 30 days after delivery of the initial notice, the executives of both parties shall communicate (letters or emails) or meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
b) Mediation: If Company in its sole discretion believes mediation would be beneficial and a dispute or claim arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions or negotiations, the Parties shall participate in Mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to binding arbitration.
c) Binding Arbitration: The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, may be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The decision to arbitrate or not shall be the sole and exclusive decision of Company. If Company demands Arbitration, the customer is required to participate in Arbitration as the exclusive venue to resolve the dispute. The place of arbitration shall be Phoenix, Arizona and the arbitration will be conducted in the English language. The arbitration shall be governed by the laws of the State of Arizona. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The AAA Arbitration Optional Rules for Emergency Measures of Protection are also incorporated by the Parties. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any binding arbitration hereunder without the prior written consent of both parties. You agree that, by entering into these Terms, you and Company are each waiving the right to a trial by jury or to participate in a class action.