Terms of Use
Updated as of October 22, 2010
The 104 West Partners website (the "Website") is operated by 104 West Partners, LLC ("Company"). These terms of use (the "Terms of Use") govern the use of the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. If you decline these Terms of Use, please do not use the Website.
By using the Website, you SIGNIFY YOUR ASSENT TO THESE TERMS OF USE and agree that you are responsible for compliance with any applicable federal, state, and local laws. The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.
LIMITED LICENSE
In order to use the Website, you must obtain access to the Internet, either directly or through devices that access Internet-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.
The Company grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify any portion of the Website. This license does not include, among other things: any resale or commercial use of the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the Company; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company's express written consent. Such limited license is subject to these Terms of Use.
THIRD PARTY WEBSITES AND CONTENT
The Website contains links to other websites ("Third Party Sites") and articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
You acknowledge that by providing you with the ability to access and view Third Party Content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or Third Party Content.
OWNERSHIP
Other than Third Party Content (as defined above), all content on the Website such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company (or its licensors) and is protected by U.S. and/or international copyright laws.
Except as expressly provided in the "Limited License" section above, your use of and access to the Website does not grant you any license or right to use any of the Company's trademarks, trade names or copyrights. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights.
SUBMISSIONS TO COMPANY
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, names, screen names, material, communication, or other information about the Website ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of Company upon receipt. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For purposes of clarity, the Company shall be free to use such Submissions, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, at any time and for any purpose whatsoever without any obligation to you.
PRIVACY
The Company does not knowingly collect any personally identifiable information through the Website. Further, the Website is a general audience website.
INDEMNIFICATION
You agree to indemnify and hold the Company, its representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
DISCLAIMERS
The Company is not responsible or liable in any manner for any Third Party Content on the Website, whether posted by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Website, or for any Third Party Sites. The Company does not control and is not responsible for Third Party Content and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY DOES NOT WARRANT THAT THE WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE WEBSITE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE COMPANY.
© 2010, 104 West Partners, LLC. Content Delivery Optimization™ (CDO)™ is a proprietary, patent-pending system, exclusively licensed to 104 West Partners, LLC. Content Delivery Optimization and CDO are trademarks of 104 West Partners, LLC.All rights reserved.
CONTACT
If you have any questions, please contact the Company at 720-407-6060.