Common use of Monitoring and Enforcement; Termination Clause in Contracts

Monitoring and Enforcement; Termination. Watney Insights has the right to: • Take any action with respect to any material posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such material violates these Terms of Use, infringes any intellectual property right or other right or any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Watney Insights; • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and, • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use. Without limiting the foregoing, Watney Insights has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone contributing any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights does not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Terms of Use

Monitoring and Enforcement; Termination. Watney Insights has We have the right to: ▪ Remove or refuse to post any User Contributions for any or no reason in our sole discretion; ▪ Take any action with respect to any material posted by you User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such material User Contribution violates these the Terms of Use, including the content standards set out in the Acceptable Use Policy, infringes any intellectual property right or other right or of any person or entity, threatens the personal safety of users of the Website EnrollPro Software or the public, or could create liability for Watney Insightsthe Wellness Tools; • Disclose disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; Take appropriate legal action, including, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the WebsiteEnrollPro Software; and, • and ▪ Terminate or suspend your access to all or part of the Website EnrollPro Software for any or no reason, including, including without limitation, any violation of these Terms of Use. In the event we terminate your subscription, we will provide you with a prorated refund for any unused fees for premium services that you may have prepaid. ▪ Temporarily disable an Account Holder’s account or remove the infringing material if Wellness Tools receives a notice alleging that material on an Account Holder’s generated marketing material infringes another person’s intellectual property. ▪ Immediately terminate the subscription of the Account Holder as a protective measure if Wellness Tools receives more than one notice alleging that material on an Account Holder’s generated marketing material infringes another person’s intellectual property. In the event we terminate your subscription, we will provide you with a prorated refund for any unused fees for premium services that you may have prepaid. Without limiting the foregoing, Watney Insights has we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone contributing posting any materials on or through the WebsiteEnrollPro Software. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS WELLNESS TOOLS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights does we do not undertake to review all material before it is posted on the Website EnrollPro Software, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Terms of Use Agreement

Monitoring and Enforcement; Termination. Watney Insights PayDesign has the right to: • Remove or refuse to post any User Contributions for any or no reason in its sole discretion. PayDesign may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability. • Take any action with respect to any material posted by you User Contribution that we deem PayDesign deems necessary or appropriate in our PayDesign’s sole discretion, including if we believe PayDesign believes that such material User Contribution violates these the Terms of Use, including the Content Standards, infringes any intellectual property right or other right or of any person or entity, threatens the personal safety of users of the Website BonusRight Platform or the public, public or could create liability for Watney Insights; PayDesign. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; . • Take appropriate legal action, including, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and, BonusRight Platform. • Terminate or suspend your access to all or part of the Website BonusRight Platform for any or no reason, including, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Watney Insights PayDesign has the right to fully cooperate fully with any law enforcement authorities or court order requesting or directing us PayDesign to disclose the identity or other information of anyone contributing posting any materials on or through the WebsiteBonusRight Platform. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS PAYDESIGN AND ITS AFFILIATES, LICENSEES, LICENSEES AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS DURING, ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights PayDesign cannot and does not undertake to review all material before it is posted on the Website BonusRight Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume PayDesign assumes no liability for any action or inaction regarding transmissions, communications, communications or content provided by any user or third party. We have PayDesign has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Terms of Use

Monitoring and Enforcement; Termination. Watney Insights VisionLink Digital has the right to: • Remove or refuse to post any User Contributions for any or no reason in its sole discretion. VisionLink Digital may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability. • Take any action with respect to any material posted by you User Contribution that we deem VisionLink Digital deems necessary or appropriate in our VisionLink Digital’s sole discretion, including if we believe VisionLink Digital believes that such material User Contribution violates these the Terms of Use, including the Content Standards, infringes any intellectual property right or other right or of any person or entity, threatens the personal safety of users of the Website VisionLink Platform or the public, public or could create liability for Watney Insights; VisionLink Digital. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; . • Take appropriate legal action, including, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and, VisionLink Platform. • Terminate or suspend your access to all or part of the Website VisionLink Platform for any or no reason, including, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Watney Insights VisionLink Digital has the right to fully cooperate fully with any law enforcement authorities or court order requesting or directing us VisionLink Digital to disclose the identity or other information of anyone contributing posting any materials on or through the WebsiteVisionLink Platform. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS VISIONLINK DIGITAL AND ITS AFFILIATES, LICENSEES, LICENSEES AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS DURING, ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights VisionLink Digital cannot and does not undertake to review all material before it is posted on the Website VisionLink Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume VisionLink Digital assumes no liability for any action or inaction regarding transmissions, communications, communications or content provided by any user or third party. We have VisionLink Digital has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Terms of Use

Monitoring and Enforcement; Termination. Watney Insights CUE Audio has the right to: • Remove or refuse to post any User Content for any or no reason in its sole discretion. CUE Audio may add, change, discontinue, remove, edit or suspend such User Content at any time for any reason without notice to you, without your permission, and without liability. • Take any action with respect to any material posted by you User Content that we deem CUE Audio deems necessary or appropriate in our CUE Audio’s sole discretion, including if we believe CUE Audio believes that such material User Content violates these the Terms of Use, including the Content Standards, infringes any intellectual property right or other right or of any person or entity, threatens the personal safety of users of the Website CUE Audio Platform or the public, public or could create liability for Watney Insights; CUE Audio. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; . • Take appropriate legal action, including, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and, CUE Audio Platform. • Terminate or suspend your access to all or part of the Website CUE Audio Platform for any or no reason, including, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Watney Insights CUE Audio has the right to fully cooperate fully with any law enforcement authorities or court order requesting or directing us CUE Audio to disclose the identity or other information of anyone contributing posting any materials on or through the WebsiteCUE Audio Platform. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS CUE AUDIO AND ITS AFFILIATES, LICENSEES, LICENSEES AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS DURING, ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights CUE Audio cannot and does not undertake to review all material before it is posted on the Website CUE Audio Platform and cannot ensure prompt removal of objectionable material after aQer it has been posted. Accordingly, we assume CUE Audio assumes no liability for any action or inaction regarding transmissions, communications, communications or content provided by any user or third party. We have CUE Audio has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Terms of Use

Monitoring and Enforcement; Termination. Watney Insights [Owner] has the right to: • Remove or refuse to post any User Content for any or no reason in its sole discretion. ACG may add, change, discontinue, remove, edit or suspend such User Content at any time for any reason without notice to you, without your permission, and without liability. • Take any action with respect to any material posted by you User Content that we deem ACG deems necessary or appropriate in our ACG’s sole discretion, including if we believe ACG believes that such material User Content violates these the Terms of Use, including the Content Standards, infringes any intellectual property right or other right or of any person or entity, threatens the personal safety of users of the Website Platform or the public, public or could create liability for Watney Insights; ACG. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; . • Take appropriate legal action, including, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and, Platform. • Terminate or suspend your access to all or part of the Website Platform for any or no reason, including, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Watney Insights ACG has the right to fully cooperate fully with any law enforcement authorities or court order requesting or directing us ACG to disclose the identity or other information of anyone contributing posting any materials on or through the WebsitePlatform. YOU WAIVE AND HOLD HARMLESS WATNEY INSIGHTS ACG AND ITS AFFILIATES, LICENSEES, LICENSEES AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (“WATNEY INSIGHTS PARTIES”) PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ▇▇▇▇▇▇ INSIGHTS DURING, ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, Watney Insights ACG cannot and does not undertake to review all material before it is posted on the Website Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume ACG assumes no liability for any action or inaction regarding transmissions, communications, communications or content provided by any user or third party. We have ACG has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEBSITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, ▇▇▇▇▇▇ INSIGHTS AND WATNEY INSIGHTS PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS OBTAINED OR PURCHASED THEREBY. WATNEY INSIGHTS AND WATNEY INSIGHTS PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS OBTAINED THEREBY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS OBTAINED THEREBY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WATNEY INSIGHTS’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; AND/OR, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL WATNEY INSIGHTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL THEORY: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS, OR SERVICES (HOWEVER ARISING); OR, (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED UNITED STATES DOLLARS (US $100.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Appears in 1 contract

Sources: Platform Terms of Use