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WILLLOUDEN.COM, Inc., WILL LOUDEN, LLC, et. al. – Terms of Service (Page 3) |
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Last Date Updated: Friday, March 07th, 2014 |
| Subscription Service Cancellation |
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| You may cancel your subscription to a Subscription Service at anytime, and cancellation will be effective at the end of the applicable period during which you notify WCOM of your cancellation. WE DO NOT PROVIDE REFUNDS AND/OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS AND/OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To cancel any service log into your user account and follow the instructions for the Subscription Service you wish to cancel. |
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| WCOM reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, WCOM will cancel your account immediately whereby you will not incur any additional charges and/or fees in association with the requested canceled Subscription Service. We reserve the right to terminate your account for any reason or no reason. |
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| 5. Account Access; Identity Protection |
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| In order to provide you with ease of access to your account select WCOM systems may place a cookie (a small text file) on any computer from which you access the Service. Please see our Privacy Policy for information about cookies. When you revisit the Service this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password and/or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account at all times. |
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| You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you're a victim of identity theft and it involves a WCOM account, you should notify us immediately. Then, you should report this instance to all your credit card issuers, as well as to your local law enforcement agency. WCOM reserves the right to place any account on hold (or in suspension status) at anytime with and/or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. WCOM is not obligated to credit and/or discount a membership for holds placed on the account by either a representative of WCOM or by the automated processes of the Service. |
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| 6. Service Not For Resale |
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You agree not to reproduce, duplicate, copy, sell, trade, resell and/or exploit for any commercial purposes, any portion of the Service, use of the Service, and/or access to the Service, unless expressively granted permission in writing by WCOM. |
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| 7. System Account Holder Support |
| All customer/user support for the Service will be conducted solely online and/or via email. |
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8. Submissions |
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| WCOM is pleased to hear from users and welcomes your comments regarding WCOM's products, programs and services. |
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Accordingly, while we value your feedback; If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of WCOM, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments, Communications and/or Submissions, etc. to WCOM. Disclosure, submission, and/or offer of any Comments shall constitute an assignment to WCOM of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. WCOM may edit, copy, publish, distribute, translate, and/or otherwise use in any medium any Comments that you forward to WCOM and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial and/or otherwise, of the Comments. WCOM is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) pay you and/or any other user any compensation for any Comments, ideas, and/or suggestions; or (3) respond to any of your and/or any other user's Comments. |
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| 9. Merchants, Rules for Sweepstakes, Contests, and Similar Promotions |
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| In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles and/or similar promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from this Agreement. We note that you should review the specific rules for a particular Promotion to determine whether you are eligible to participate in such Promotion. By participating in any such Promotion, you will become subject to any specific rules applicable to such Promotion, which may vary from the terms and conditions set forth herein. WCOM urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. Your correspondence and/or business dealings with, or participation in promotions of, merchants found on and/or through the Service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties, and/or representations associated with such dealings, are solely between you and such merchant. WCOM will not be responsible and/or liable for any loss and/or damage of any sort incurred as the result of any such dealings and/or as the result of the presence of such merchants on the Service. |
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10. Disclaimer of Warranties |
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| WCOM HAS PROVIDED LINKS AND POINTERS TO INTERNET SYSTEMS MAINTAINED BY THIRD PARTIES ("THIRD PARTY INTERNET SYSTEMS") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. WCOM, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES AND/OR SUPPLIERS DO NOT OPERATE, AND/OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS AND/OR SERVICES ON THESE THIRD PARTY INTERNET SYSTEMS. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY INTERNET SYSTEMS ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WCOM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE AND/OR COURSE OF DEALING. |
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WCOM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. |
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WCOM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY INTERNET SYSTEMS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. |
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YOUR ASSUMPTION OF RISK |
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| YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION AND/OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA AND/OR SUBSEQUENT MANIPULATIONS AND/OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. |
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YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT AND/OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. WCOM FURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND AND/OR CAUSE OF ACTION. WCOM AND ITS VENDORS BELIEVE THEIR DATA AND TEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED AND/OR GUARANTEED AT ALL AND UNDER NO CIRCUMSTANCES. |
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| YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR AND/OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. |
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| 11. Limitation of Liability |
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| IN NO EVENT SHALL WCOM, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY AND/OR OTHER DAMAGES ARISING OUT OF AND/OR IN ANY WAY CONNECTED WITH THE SERVICE AND/OR WITH THE DELAY AND/OR INABILITY TO USE THE SERVICE, AND/OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN AND/OR OBTAINED THROUGH THE SERVICE, WCOM'S REMOVAL AND/OR DELETION OF ANY MATERIALS AND/OR RECORDS SUBMITTED AND/OR POSTED ON THE SERVICE, AND/OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY AND/OR OTHERWISE, EVEN IF WCOM, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. |
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| THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES AND/OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION AND/OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK AND/OR SYSTEM OUTAGE, AND/OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, AND/OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WCOM, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND/OR AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE ANR/OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND/OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. |
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| Click Here to Continue on to Page 4 of the "Terms of Service" |
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