a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of the website at www.wordeffect.org, as well as any of its sub-domains and related domains or shopping cart pages (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site.
b) Restrictions of Use
The contents of this site are protected by copyright and trademark laws, and are the property of the owner. Unless we say otherwise, you may access the materials located within the Site only for your personal use. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display, or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site. You agree not to do any of the following while using the Site:
· transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
· transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
· upload or transmit viruses, Trojan horses or other harmful, disruptive, or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
· impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
· transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
· violate any applicable local, state, federal or international law, rule, or regulation.
c) COPYRIGHT
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WordEffect Media, LLC and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of WordEffect Media, LLC, and protected by U.S. and international copyright laws.
d) TRADEMARKS
WordEffect’s name and other WordEffect logos, page headers, button icons, scripts, paraphernalia, and service names are trademarks, registered trademarks, or trade dress of WordEffect or its affiliates in the U.S. and/or other countries. WordEffect’s trademarks and trade dress may not be used in connection with any product or service that is not WordEffect’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WordEffect Media, LLC and its affiliates. All other trademarks not owned by WordEffect or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the WordEffect or its affiliates.
e) Links
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send an email us @ info@wordeffect.org. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.
The services, products, and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, or materials in this site in terms of their correctness, accuracy, reliability, or otherwise.
By accessing this site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
f) Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, or any products or services provided pursuant to the site
g) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, blogs, social media posts, text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, business, or legal matters. In particular, you should consult a doctor in all matters relating to physical or mental health of your concern, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application by any person following the information offered or provided within or through
the Site (including but not limited to any product or service purchased, utilized, or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death.
h) Contact Us: You can reach our customer support by emailing us at info@wordeffect.org.
i) Shipping Methods
Products shipped by WordEffect Media, LLC may be shipped by UPS Standard or by any other method in the discretion of the company. A shipping charge may be imposed.
· All orders require at least 24-72 hours processing time before shipping.
· WordEffect does not process orders during weekends.
· All physical orders shipped within CA will be charged sales tax.
· Exact delivery times to any location cannot be guaranteed.
· Sales tax is only required for orders shipping within our resident states of business. Therefore, all orders shipping within California will be charged applicable sales tax according to your area’s tax rate.
· By accepting delivery of any product or service delivered from WordEffect viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and WordEffect Media, LLC agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and WordEffect. Any attempt to alter, supplement, modify or amend these
terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are invalid.
If you have problems or concerns regarding the Company or your purchases, you may contact us by emailing us at info@wordeffect.org
j) Customer agreed to restrictions, obligations, and limitations; confidentiality and limited use:
Customer agrees that no one may use these products and/or services in any manner without the written approval from WordEffect except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using or re-distributing the products purchased from WordEffect.
k) Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between WordEffect and yourself shall be governed by the laws of the State of California, without regard to its conflicts of law rules.
l) Entire Agreement:
These Terms and Conditions (along with the incorporated California Privacy Policy and Privacy Policy) are the complete and exclusive agreement between WordEffect Media, LLC and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between WordEffect and you relating to the subject products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.