BY USING THE WARONERRORS SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT
Thank you for your interest in WARONERRORS. We look forward to having you use our services. This Agreement ("Agreement"), including the Privacy Policy, contain the terms and conditions that apply to your use of WARONERRORS's services which are described at the "Our Mission" page and the links contained thereon and referred therein collectively as the "Services", and its website and/or co-branded websites WARONERRORS may operate or host from its servers (collectively referred to herein as "Site").
This Agreement for the use of our Services and our Site may be modified from time to time. You are advised to periodically visit our website to review any changes to this Agreement that may be posted there. In the event that you disagree with any future changes to this Agreement, you may simply discontinue use of the services. Your continued use of the service will constitue your acceptance of any changes.
1. WARONERRORS Property Rights
The layout, design, concept and organization of the WARONERRORS Site and Services are subject to WARONERRORS's patents, copyrights and other intellectual property rights. All rights are reserved.
You acknowledge and agree that WARONERRORS owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the WARONERRORS Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from WARONERRORS before you copy, upload, transmit, reproduce, distribute or in any way exploit any WARONERRORS Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the WARONERRORS Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as WARONERRORS owns the intellectual property rights to this Site. This Agreement does not constitute a license to use WARONERRORS's trade names, service marks or any other trade insignia. Any use of WARONERRORS's trade names, services marks or any other trade insignia shall be subject to WARONERRORS's prior written consent.
2. Disclaimers of Warranty
You expressly agree that use of WARONERRORS services is at your sole risk. The site and the services are provided on an "as is" basis.
WARONERRORS makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site. WARONERRORS disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
WARONERRORS makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free. WARONERRORS does not warrant that the site or its services are free of computer viruses or other harmful materials. Nor does WARONERRORS make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
3. Limitation on Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall WARONERRORS, its affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services ("WARONERRORS affiliates"), be liable to you in any manner whatsoever: (i) For any decision made or action or non-action taken by you in reliance upon the information provided through the services; (ii) For loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) For any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if WARONERRORS has been advised of the possibility of such damages.
Your sole and exclusive remedy with respect to the use of any services provided by WARONERRORS shall be your discontinuance of use of the WarOnErrors services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
4. Indemnification
WARONERRORS provides its Services and Site to Visitors on the assumption that Visitors will act professionally and responsibly. If they do not, Visitors must bear full responsibility for their actions. As a Visitor, you agree to defend, indemnify and hold harmless WARONERRORS, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities originating from computers under your direct or indirect control; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. WARONERRORS reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of WARONERRORS, which shall not be unreasonably withheld.
5. Term, Termination
This Agreement shall be effective for as long as you use the Services.
WARONERRORS may terminate this Agreement immediately if, based on WARONERRORS's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of WARONERRORS Services or Site, (ii) infringed or violated any intellectual property right of WARONERRORS or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Services. Neither WARONERRORS nor any WARONERRORS Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement.
Upon termination of this Agreement, the perpetual license you have granted to WARONERRORS shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
6. Export Control Compliance
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, Afghanistan, and Syria may not legally access WARONERRORS.
7. Consumer Rights
If you should have any complaints about WARONERRORS Services, or need further information about the Services, contact Support at customerservice@WARONERRORS.com. The Florida Division of Consumer Affairs may be contacted in writing at Terry Lee Rhodes Building 2005 Apalachee Parkway Tallahassee, FL 32399-6500 USA or by telephone at 850-488-2221.
8. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of WARONERRORS.
9. Severability
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10. Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the WARONERRORS offices in Miami, Florida USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Florida and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America. The federal courts of the State of Florida located in Miami, Florida USA and the state courts located in Miami, Florida USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide WARONERRORS in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
11. Notices
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at customerservice@WARONERRORS.com, and to you by visiting this page.
WARONERRORS may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should discontinue your use of the Services.