Voipwell, LLC Web Site Agreement
The voipwell.com Web Site (the "Site") is an online information service provided
by Voipwell, LLC ("voipwell.com "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. voipwell.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are voipwell.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to voipwell.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to any public
areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to voipwell.com by all means and in any media now known or hereafter developed.
You also grant to voipwell.com the right to use your name in connection with the
submitted materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall have
no recourse against voipwell.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to voipwell.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of voipwell.com. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by voipwell.com, voipwell.comdoes not operate, control or endorse
any information, products or services on the Internet in any way. Except for voipwell.com-
identified information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third parties,
that are not affiliated with voipwell.com a. You also understand that voipwell.com
cannot and does not guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to the Site
for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
voipwell.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND voipwell.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. voipwell.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. voipwell.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL voipwell.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF voipwell.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, voipwell.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
voipwell.com makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site. When you access
a non-voipwell.com web site, please understand that it is independent from voipwell.com,
and that voipwell.com has no control over the content on that web site. In addition,
a link to a voipwell.com web site does not mean that voipwell.com endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless voipwell.com, its officers, directors,
employees, agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are
for the benefit of voipwell.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of
The United States of America applicable to agreements made and to be performed in
The United States of America. You agree that any legal action or proceeding between
voipwell.com and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim
you may have with respect to the Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or cause of action is barred.
voipwell.com's failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. voipwell.com may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.