WordTricks Development, LLC Terms Of Use


1. Your Assent To Be Bound By These Terms of Use
These Terms of Use set forth the terms and conditions for your use of this website (the "Site") and the information, functions, facilities, products and services offered by WordTricks Development, LLC and WordTricks, Inc. ("WordTricks") on the Site. You should carefully review these Terms of Use before using the Site and any products or services provided by WordTricks(the "WordTricks Products and Services"). By accessing, reading and making use of this Site and any WordTricks Services you agree to be bound by the terms and conditions set forth below and on the respective pages of the Site. If you do not wish to be bound by these terms and conditions, you may not access or use the information provided on the Site or use the WordTricks Products and Services.

WordTricks reserves the right to amend these Terms of Use at any time. WordTricks will notify you of any such changes to these Terms of Use by posting the revised Terms of Use on the Site. You have the obligation to review changes in these Terms of Use. Your continued use of the Site and any WordTricks Products and Services constitutes your agreement to be bound by such changes to these Terms of Use.

2. Site Ownership and Operation, Business Partners, and Prices
WordTricks owns and operates the Site from within the United States. WordTricks does not represent that the information provided in this Site is appropriate for use in other jurisdictions. In addition, access from certain jurisdictions may be prohibited. Through the Site, WordTricks provides you with access to a unique collection of online resources, including the WordTricks Products and Services. A more complete description of the WordTricks Products and Services and the prices and charges for such WordTricks Products and Services are set forth on the Site or on the respective web sites of the Business Partners. WordTricks and its Business Partners reserve the right to change those prices at any time by posting new or different prices for providing any of the WordTricks Products and Services which new prices will apply subsequent to such posting of changed prices.

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3. Privacy
Your privacy is of great importance to WordTricks. All information gathered from you related to your use of the Site and the WordTricks Products or Services will be governed by the WordTricks Privacy Policy.

4. Information You Provide
You are responsible for the accuracy, timeliness, and completeness of all information provided to WordTricks in connection with your use of the Site and any WordTricks Products or Services. WordTricks is not responsible for any claims relating to any inaccurate, untimely or incomplete information you provide to it.

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5. Permitted Use
You may make a single copy of pages from the Site on your hard drive or in print for your own personal, noncommercial use (other than to assess your need of Products and Services of WordTricks), provided that you do not alter or remove any copyright, trademark, or other proprietary notice contained in the copy.

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6. Your Conduct
You agree not to use the Site, or any links to or access to any other websites from the Site, to:
a) restrict or inhibit any other user from using and enjoying the Site or interfere or invade the privacy of other users of the Site or any third parties; or
b) impersonate, or otherwise misrepresent your affiliation with any other person or entity; or
c) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including content) appearing on the Site; or
d) post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component; or
e) copy, post, publish, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, software, component or other material obtained through the Site or any WordTricks Products and Services for commercial purposes (other than as expressly permitted by the provider of such material or in the "PERMITTED USE" section of these Terms of Use); or
f) upload, post or transmit information, content, software, components or other material onto the Site which will infringe the intellectual property rights or other proprietary rights, of WordTricks or any third party; or
g) upload, post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; or
h) upload, post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by WordTricks) or engage in spamming, spoofing or flooding; or
i) stalk or harass another user; or
j) collect or store data about another user or client; or
k) violate, attempt to violate, or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to WordTricks by its clients or their employees; or
l) attempt to transmit to the Site, or those of any Business Partners, electronic mail messages that could impair or interfere with the operations of WordTricks or its Business Partners; or
m) violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance.
Any conduct by you that violates any of the above obligations, or is in any way contrary to these Terms of Use may result in the suspension or termination of your access to the Site, at the sole discretion of WordTricks, in addition to any other remedies set forth herein or otherwise applicable in law or equity.

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7. Monitoring of the Site
WordTricks has no obligation to monitor the Site. However, you acknowledge and agree that WordTricks has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site and the WordTricks Products and Services properly, or to protect itself or other users of the Site.

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8. Notice of WordTricks' Trademark Rights, Copyright and Rights in Proprietary Materials
The WordTricks trademark, service mark and logo are trademarks and service marks of WordTricks and any third party trademarks, service marks, logos and trade names appearing on the Site (including, without limitation, those of any Business Partner) are the property of their respective owners. You acknowledge the rights of WordTricks and the respective third parties (including, without limitation, those of any Business Partner) in those marks and, further, that you have no right or authorization to copy or use any of those trademarks, service marks, logos, or trade names in any way except as expressly granted by these Terms of Use. In addition, the Site contains material protected by copyrights, patents, or other proprietary rights and laws, including, but not limited to, text, software, photos, videos, graphics, images music and sound (collectively referred to herein as the "Proprietary Material") and such material is owned by WordTricks, its Business Partners, or licensors. Any use of such Proprietary Material other than as permitted herein is expressly prohibited without the prior permission of WordTricks and/or the relevant rightholder.

In the event that you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (a portion of the "Digital Millennium Copyright Act") to WordTricks' designated agent.

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9. Indemnification
By agreeing to these Terms of Use, you agree to indemnify, defend and hold harmless WordTricks, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively "WordTricks and Affiliates") from and against any and all liability, including attorneys' fees and costs, incurred by WordTricks and Affiliates in connection with any claim by a third party arising out of your use of the Site or the WordTricks Products and Services, your breach of any of these Terms of Use, your infringement of any intellectual property or proprietary rights of third parties, or your violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. WordTricks and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of WordTricks. You further agree to hold harmless WordTricks and Affiliates from any claim arising from a third party's use of information or materials of any kind that you post in a Public Area.

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10. Opt-Out
The Site provides users with the opportunity to opt-out of receiving communications from WordTricks, at the point where information is requested from you.

The Site provides you with the following options by which you may choose to (i) remove your information from the Site, or (ii) elect not to receive future communications from WordTricks:
1. You can send e-mail to support@WordTricks.com or
2. Call us at 1-800-752-3966.

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11. DISCLAIMER OF WARRANTIES
YOU USE THE SITE AND ANY AND ALL WORDTRICKS PRODUCTS AND SERVICES AT YOUR SOLE RISK. THE SITE AND THE WORDTRICKS PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WORDTRICKS AND AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTY FOR INFORMATION, DATA, PRODUCTS AND SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE AND THE WORDTRICKS PRODUCTS AND SERVICES, (2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR PRODUCTS AND SERVICES, AND (3) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.

WORDTRICKS AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

WORDTRICKS IS TAKING REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS DISCLOSED ONLY TO THOSE SPECIFIED BY YOU. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WORDTRICKS CANNOT AND DOES NOT GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD WORDTRICKS AND AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THE SITE OR THE WORDTRICKS PRODUCTS AND SERVICES.

WORDTRICKS AND AFFILIATES MAKE NO WARRANTY OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.

WORDTRICKS AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE AND/OR THE WORDTRICKS PRODUCTS AND SERVICES.

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ANY WORDTRICKS PRODUCT OR SERVICE OFFERED THROUGH BUSINESS PARTNERS ARE INTENDED SOLELY TO FACILITATE USE OF THE WORDTRICKS PRODUCTS AND SERVICES FOR CLIENT. WORDTRICKS MAKES NO REPRESENTATIONS ON BEHALF OF BUSINESS PARTNERS, NOR IS WORDTRICKS RESPONSIBLE FOR THE STATEMENTS, ACTIONS, OR OMISSIONS OF BUSINESS PARTNERS. INCLUSION OF PRODUCTS AND SERVICES THROUGH BUSINESS PARTNERS ON THE SITE IS NOT AN ENDORSEMENT OF SUCH SERVICE PROVIDED BY BUSINESS PARTNERS. IF YOU ARE NOT SATISFIED WITH ANY PRODUCTS OR SERVICES PROVIDED BY BUSINESS PARTNERS, YOU MUST CONTACT SUCH BUSINESS PARTNERS DIRECTLY.

WORDTRICKS DOES NOT OFFER LEGAL OR REGULATORY ADVICE IN CONNECTION WITH THE WORDTRICKS PRODUCTS AND SERVICES. LEGAL OR REGULATORY REFERENCES ON THE SITE ARE MEANT TO INFORM YOU OF ISSUES THAT MAY BE RELEVANT TO YOU. SUCH REFERENCES ARE MEANT TO FACILITATE INDEPENDENT RESEARCH INTO MATTERS COLLATERAL TO THE WORDTRICKS PRODUCTS AND SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL LEGAL AND COMPLIANCE MATTERS IN CONNECTION WITH THE WORDTRICKS PRODUCTS AND SERVICES.

WORDTRICKS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY LOSSES, CLAIMS OR DAMAGES RELATING TO YOUR OBLIGATIONS UNDER COBRA OR ANY SIMILAR STATE LAW WHETHER COBRA PRODUCTS AND SERVICES ARE PROVIDED THROUGH A BUSINESS PARTNER OR OTHERWISE.

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12. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT, EVEN IF WORDTRICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL WORDTRICKS AND AFFILIATES BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHETHER IN AN ACTION UNDER THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE WORDTRICKS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION (A) YOUR USE OR INABILITY TO USE THE SITE AND ANY WORDTRICKS PRODUCTS AND SERVICES, (B) YOUR USE OR RELIANCE ON ANY INFORMATION CONTAINED ON THE SITE OR THE WORDTRICKS PRODUCTS AND SERVICES, OR (C) ANY PRODUCTS OR PRODUCTS AND SERVICES ADVERTISED ON THE SITE OR IN RELATION TO THE WORDTRICKS PRODUCTS AND SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH WORDTRICKS IS TO STOP USING THE SITE AND/OR THE WORDTRICKS PRODUCTS AND SERVICES. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT WORDTRICKS AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

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13. Links from and to the Site
The Site may contain advertisements and links to web sites controlled, owned, and operated by third parties. You acknowledge and agree that WordTricks cannot control and has no responsibility for the accuracy or availability of information provided by linked sites and has no responsibility for your transactions based on or related to the advertisements and links. You further acknowledge that use of any web sites controlled, owned or operated by third parties is governed by the terms and conditions of use for those web sites, and not by these Terms of Use. Links to external web sites or inclusions of advertisements do not constitute an endorsement by WordTricks of such sites or the content, products, advertising or other materials presented on such sites, but are for your convenience and you access them at your own risk.

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14. Termination
You acknowledge and agree that WordTricks may suspend or terminate your access or use of the Site, without prior notice, if you engage in conduct that WordTricks, in its sole discretion, believes violates any term or provision of these Terms of Use, otherwise violates the rights of WordTricks or third parties, or is otherwise inappropriate for continued access and use of the Site and the WordTricks Products and Services. You further acknowledge and agree that WordTricks may suspend or terminate your access and use of the Site at any time, with or without cause, in WordTricks' absolute discretion and without notice. The relevant version of these Terms of Use shall continue to apply to all prior to use of the Site. The following paragraphs of these Terms of Use shall survive termination of your use or access to the Site: paragraphs concerning Indemnification (9), Disclaimer (10), Disclaimer of Warranties (12), Limitation of Liability (13), applicable law and dispute resolution (16(b)), and any other provision that by its terms survives termination of your use or access to the Site.

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15. General Provisions
a) Failure by WordTricks to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
b) These Terms of Use, and all other aspects of your use of the Site and/or the WordTricks Products and Services, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. All claims and disputes arising out of these Terms or Use, or your use of the Site, other than action for specific performance or injunctive relief, shall be brought in the federal, state, or local courts located in Douglasville, Georgia and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
c) These Terms of Use constitute the entire agreement between you and WordTricks with respect to the Site and the WordTricks Products and Services provided on the Site and supersedes all prior agreements or understandings, whether written or oral, between you and WordTricks with respect to the Site and the WordTricks Products and Services provided on the Site. Notwithstanding the foregoing sentence, in no way do these Terms of Use supersede or alter any Client Products and Services Agreement entered between Client and WordTricks.
d) If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
e) These Terms of Use inure to the benefit of WordTricks, its successors and assigns.

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Copyright © 2007 WordTricks Development, LLC