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Terms and Conditions of
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Non-Transferable Membership.
Wolfe, Young and Tripp, LLC (wyt solutions) grants you a personal,
non-exclusive, non-transferable license to use the products and
software contained in or made available through the Service (the
"Content") solely for your own internal purposes. All rights not
expressly granted by Wolfe, Young and Tripp, LLC (wyt solutions) to
you are retained.
Restrictions.
You are permitted to store, manipulate, analyze, reformat, print,
and display the Content only for your personal use. Unauthorized use
of the Service, or the resale of the Services without Wolfe, Young
and Tripp, LLC (wyt solutions)'s prior written consent, is expressly
prohibited. You shall not copy, license, sell, transfer, transmit,
make available, distribute, publish, or assign this license or the
Content in any format to any third party.
Third Party Interaction.
In your use of the Service, you may enter into correspondence with,
purchase goods and/or services, or participate in promotions of
advertisers or sponsors showing their goods and/or services through
the Service. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is
solely between you and the applicable third-party. Wolfe, Young and
Tripp, LLC (wyt solutions) shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion
between you and any such third-party.
Links to Third Party Sites.
Wolfe, Young and Tripp, LLC (wyt solutions) does not endorse any
sites on the Internet that are linked through the Service. Wolfe,
Young and Tripp, LLC (wyt solutions) is providing these links to you
only as a matter of convenience, and in no event shall Wolfe, Young
and Tripp, LLC (wyt solutions) be responsible for any content,
products, or other materials on or available from such sites.
User Accounts.
A user account is required to access the Service and may be accessed
and used only by those authorized individuals who are registered
with Wolfe, Young and Tripp, LLC (wyt solutions). To open a user
account, you or your company must complete the registration process
by providing Wolfe, Young and Tripp, LLC (wyt solutions) with
current, complete and accurate information as prompted by the
registration form. In registering for the Service, you agree to
submit accurate, current and complete information about you and
promptly update such information. Should Wolfe, Young and Tripp, LLC
(wyt solutions) suspect that such information is untrue, inaccurate,
not current or incomplete, Wolfe, Young and Tripp, LLC (wyt
solutions) has the right to suspend or terminate your usage of the
Service. You will choose a personal, non-transferable password. User
accounts cannot be "shared" or used by more than one individual.
User Responsibilities.
You are also solely responsible for any and all activities that
occur under your account and ensuring that you exit or log-off from
your account at the end of each session of use. You shall notify
Wolfe, Young and Tripp, LLC (wyt solutions) immediately of any
unauthorized use of your password or account or any other breach of
security that is known or suspected by you. You shall also use your
best efforts to stop immediately any copying or distribution of
Content that is known or suspected by you. Wolfe, Young and Tripp,
LLC (wyt solutions) shall not be responsible for any unauthorized
access to, or alteration of, your transmissions or data, any
material, information or data sent or received, regardless of
whether the data is actually received by Wolfe, Young and Tripp, LLC
(wyt solutions), or any transactions entered into through the
Service or failure to abide by this Agreement. DO NOT MISUSE OR
ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR
ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Account Information and Data.
Wolfe, Young and Tripp, LLC (wyt solutions) does not own any data,
information or material that you submit to the Service or store in
your account ("Data"). Wolfe, Young and Tripp, LLC (wyt solutions)
will not monitor, edit, or disclose any information regarding you or
your account, including any Data, without your prior permission
except in accordance with this Agreement. Please be aware that
Wolfe, Young and Tripp, LLC (wyt solutions) does provide certain
user registration and statistical information such as usage or user
traffic patterns in aggregate form to third parties but such
information will not include personally identifying information and
that your Internet protocol address is not transmitted with each
message sent from your Wolfe, Young and Tripp, LLC (wyt solutions)
account. Wolfe, Young and Tripp, LLC (wyt solutions) may access your
account, including its Data, to respond to service or technical
problems or as stated in this Agreement. You, not Wolfe, Young and
Tripp, LLC (wyt solutions), shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness
and copyright of all Data and Wolfe, Young and Tripp, LLC (wyt
solutions) shall not be responsible or liable for the deletion,
correction, destruction, damage, loss or failure to store any Data.
Payment of Fees.
Wolfe, Young and Tripp, LLC (wyt solutions) offers its Service, as
described on the Aftercart website (www.aftercart.com) and as
published within the Service, for monthly fees (the "Fees") which
you will pay to Wolfe, Young and Tripp, LLC (wyt solutions) by
authorized credit card. The Fees applicable for the Service are
available at www.aftercart.com and as published within the Service.
Wolfe, Young and Tripp, LLC (wyt solutions) reserves the right to
change the Fees or applicable charges and to institute new charges
at any time, upon thirty (30) days prior notice to you (which may be
sent by email). Your authorized credit card will automatically be
charged Fees on the day you sign up for the Service, or the
expiration of the initial trial period, if any, whichever is later.
Thereafter, the Fees will automatically be charged to your
authorized credit card, in advance, on the date of the month the
Service was initially charged. In the event you cancel the Service,
Wolfe, Young and Tripp, LLC (wyt solutions) will not refund any Fees
already paid by you.
Your Aftercart account will be considered delinquent if your credit
card company refuses for any reason to pay the amount billed to it
and that amount remains unpaid at the beginning of the next
accounting cycle. The Service may be suspended, archived or purged
from system if account is delinquent for more than one billing
cycle. Wolfe, Young and Tripp, LLC (wyt solutions) may impose a
charge to restore archived data from delinquent accounts.
If you believe Wolfe, Young and Tripp, LLC (wyt solutions) has
billed you incorrectly, you must contact Wolfe, Young and Tripp, LLC
(wyt solutions) no later than 60 days after the closing date on the
first billing statement in which the error or problem appeared, in
order to receive an adjustment or credit. Inquiries should be
directed to Aftercart's Customer Support department (cs@aftercart.com).
Wolfe, Young and Tripp, LLC (wyt solutions) may choose to bill
through an invoice, in which case, full payment for invoices issued
in any given month must be received by Wolfe, Young and Tripp, LLC (wyt
solutions) thirty (30) days after the mailing date of the invoice,
or the Service may be terminated. Unpaid invoices are subject to
interest of 1.5% per month on any outstanding balance, or the
maximum permitted by law, plus all expenses of collection.
Please remember that Wolfe, Young and Tripp, LLC (wyt solutions)
bills you immediately for the extra orders that are processed
through Aftercart. You will initially be charged a pro-rated charge
for the upgrade based on the number of days left until your regular
billing date. Subsequently, you will be billed for all subscription
charges on the normal billing date for your account. If you choose
to cancel the upgrade after your card has been billed for the month,
you will not be reimbursed for the days you did not use the extra
space.
User Conduct.
You agree to abide by all applicable local, state, national and
foreign laws, treatises and regulations in connection with the
Service. In addition, without limitation, you agree not to use the
Service to: (a) use information from the Service in connection with
sending unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages, whether
commercial or otherwise; (b) harvest, collect, gather or assemble
information or data regarding other users, including e-mail
addresses, without their consent; (c) transmit through or post on
the Service unlawful, harassing, libelous, abusive, harassing,
tortious, defamatory, threatening, harmful, abusive, libelous,
invasive of another's privacy, vulgar, obscene or otherwise
objectionable material of any kind or nature or which is harmful to
minors in any way; (d) transmit any material that may infringe the
intellectual property rights or other rights of third parties,
including trademark, copyright or right of publicity; (e) transmit
any material that contains software viruses or other harmful or
deleterious computer code, files or programs such as trojan horses,
worms, time bombs, cancelbots; (f) interfere with or disrupt servers
or networks connected to the Service or violate the regulations,
policies or procedures of such networks; (g) attempt to gain
unauthorized access to the Service, other accounts, computer systems
or networks connected to the Service, through password mining or any
other means; or (h) harass or interfere with another user's use and
enjoyment of the Service.
Wolfe, Young and Tripp, LLC (wyt solutions) has no obligation to
monitor the Service and/or Content or any user's use thereof or
retain the content of any user session. However, Wolfe, Young and
Tripp, LLC (wyt solutions) reserves the right at all times to
monitor, review, retain and/or disclose any information as necessary
to satisfy any applicable law, regulation, legal process or
governmental request.
Termination.
Wolfe, Young and Tripp, LLC (wyt solutions), in its sole discretion,
may terminate your password, account or use of the Service and
remove and discard any Data within the Service if you fail to comply
with this Agreement. You may terminate your user account upon notice
to Wolfe, Young and Tripp, LLC (wyt solutions) at any time; however,
you will not receive a refund of any portion of your fees paid to
Wolfe, Young and Tripp, LLC (wyt solutions). Upon termination by
Wolfe, Young and Tripp, LLC (wyt solutions) or at your direction,
you may request a file of your Data, which Wolfe, Young and Tripp,
LLC (wyt solutions) will make available for a fee. You must make
such request at the notification of termination to receive such file
within (30) days of termination. Upon termination of an account,
your right to use such account and the Service immediately ceases.
Wolfe, Young and Tripp, LLC (wyt solutions) shall have no obligation
to maintain any Data stored in your account or to forward any Data
to you or any third party.
Proprietary Rights.
Except for the licenses granted herein, you have no right, title or
interest in or to the Service or any Content. You agree that Wolfe,
Young and Tripp, LLC (wyt solutions) or its licensors retain all
proprietary right, title and interest, including copyright and all
other intellectual property rights, in and to the Service and
Content, including, without limitation, text, images, and other
multimedia data. Wolfe, Young and Tripp, LLC (wyt solutions) and/or
other Wolfe, Young and Tripp, LLC (wyt solutions) products and
services referenced herein are either trademarks or registered
trademarks of Wolfe, Young and Tripp, LLC (wyt solutions).
Indemnification.
You shall indemnify and hold Wolfe, Young and Tripp, LLC (wyt
solutions) and its parents, subsidiaries, affiliates, officers,
directors, employees, attorneys, and agents, harmless from and
against any and all claims, costs, damages, losses, liabilities, and
expenses (including attorneys' fees and costs) arising out of or in
connection with your use of the Service (including the Content) or
breach of this Agreement.
Disclaimer of Warranties.
Wolfe, Young and Tripp, LLC (wyt solutions) MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
SERVICE OR ANY CONTENT. Wolfe, Young and Tripp, LLC (wyt solutions)
DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL
BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE
SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS
PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Wolfe, Young and
Tripp, LLC (wyt solutions).
Limitation of Liability.
IN NO EVENT SHALL Wolfe, Young and Tripp, LLC (wyt solutions)'S
AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE
TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE
TO SUCH CLAIM. IN NO EVENT SHALL Wolfe, Young and Tripp, LLC (wyt
solutions) BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR
KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO
USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE
SERVICE, EVEN IF Wolfe, Young and Tripp, LLC (wyt solutions) HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights.
Certain states and/or jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental or
consequential damages, so the exclusions set forth above may not
apply to you.
Local Laws and Export Control.
Wolfe, Young and Tripp, LLC (wyt solutions) controls and operates
this Service from its location in the United States of America and
is subject to the United States Export Administration Laws and
Regulations. Wolfe, Young and Tripp, LLC (wyt solutions) makes no
representation that the Service is appropriate or available for use
in other locations. If you use the Service from outside the United
States of America, you are solely responsible for compliance with
all applicable laws, including without limitation export and import
regulations of other countries. Any diversion of the Content
contrary to United States law is prohibited. None of the Content,
nor any information acquired through the use of the Service, is or
will be acquired for, shipped, transferred, or re-exported, directly
or indirectly, to proscribed or embargoed countries or their
nationals, nor is or will be used for nuclear activities, chemical
biological weapons, or missile projects, unless specifically
authorized by the United States Government for such purposes. You
shall comply strictly with all United States export laws and assume
sole responsibility for obtaining licenses to export or re-export as
may be required.
Modification to Terms.
Wolfe, Young and Tripp, LLC (wyt solutions) reserves the right to
change the terms and conditions of this Agreement or its policies
relating to the Service at any time and shall notify you by posting
an updated version of this Agreement on the Service and/or by
sending you an email message. You are responsible for regularly
reviewing this Agreement. Continued use of the Service after any
such changes shall constitute your consent to such changes.
General.
This Agreement will be governed by California law and controlling
United States federal law, without regard to the choice or conflicts
of law provisions of any jurisdiction. You shall bring all disputes,
actions, claims, or causes of action related to this Agreement or in
connection with the Service only in the federal and state courts
located in Los Angeles, California. No text or information set forth
on any other purchase order, preprinted form or document shall add
to or vary the terms and conditions of this Agreement. If any
provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between you
and Wolfe, Young and Tripp, LLC (wyt solutions) as a result of this
agreement or use of the Service. The failure of Wolfe, Young and
Tripp, LLC (wyt solutions) to enforce any right or provision in this
Agreement shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by Wolfe, Young and Tripp, LLC (wyt
solutions) in writing. Wolfe, Young and Tripp, LLC (wyt solutions)
has the right to assign any or all of its rights and obligations
under this Agreement at any time. This Agreement comprises the
entire agreement between you and Wolfe, Young and Tripp, LLC (wyt
solutions) and supersedes all prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between the
parties regarding the subject matter contained herein.
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