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| Terms and Conditions of
Services |
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 FileOnTheGo website (www.fileonthego.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.fileonthegocom 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 FileOnTheGo 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 FileOnTheGo Customer Support department
(support@wytsolutions.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 FileOnTheGo. 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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