Please read this document carefully. It governs your relationship with Wifient.com, Wifient Inc., Wifient and its affiliates (collectively, “Wifient”). Set forth below are the terms and conditions under which Wifient makes the internet website at www.Wifient.com (the “Site”), and the services available through the Site or otherwise provided by Wifient (the “Services”), to each person or entity (each a “User”) accessing or using the Site or the Services. These terms and conditions, together with any and all other terms, conditions, rules, policies or procedures (“Additional Terms”) published on the site from time to time and related to User’s use of the Site or the Services (together, this “Agreement”), each as updated from time to time by Wifient, constitute a binding, legal agreement between Wifient and User. By using the Site or the Services (including by responding to suggestions, surveys, polls or other communications received from other Users of the Site and the Services), each User hereby agrees to and is bound by this Agreement. If you do not agree with any of the terms of this Agreement, do not access or otherwise use this Site or the Services or any information contained on this Site. Wifient may make changes to the content and Services offered on this Site at any time. Wifient can change the terms of this Agreement at any time (including any Additional Terms). If Wifient changes the terms of this Agreement, Wifient will post an updated set of terms and conditions of use on this Site with a change notice and Wifient may send registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using this Site and the Services. If you do not cease using this Site and the Services, you will be conclusively deemed to have accepted the change. Each User hereby warrants that if it is a corporation or other legal entity, User is validly formed and existing under the laws of its jurisdiction and has duly authorized its agent or agents to enter into this Agreement and, if an individual, User is of the age of majority in his or her place of residence.
1. Subscriptions and Payment
(a) all suggestions, survey questions, information, data, text, software, music, sound, photographs, images, video, survey responses, messages or other materials communicated or transmitted using the Site or the Services (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated, (b) User, and not Wifient, is responsible for all Content that User uploads, posts, emails, distributes, communicates, transmits, or otherwise makes available using the Services or that is otherwise made available through the use of User’s account (if User has one), whether or not authorized by User, and (c) by using the Site and the Services, User may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
4. User Content
other person or entity, including Wifient, or a Wifient official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with any other person or entity;
5. Indemnity by User
(a) User’s use of the Site or the Services, including User’s use of or reliance on any information or materials (including suggestions or survey results or responses) obtained through the use of the Site or the Services, (b) any other use of the Services by a third party using User’s account (whether or not authorized by User), (c) User’s breach of this Agreement, including any of User’s representations and warranties under this Agreement, or (d) User’s contravention of any applicable law, including the CAN-SPAM Act of 2003.
7. Provisions of the Site and the Services
8. LIMITATIONS AND EXCLUSIONS OF WIFIENT’S LIABILITY
9. Intellectual Property Rights