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This is a legal agreement between you (either an individual or
entity) and WebinarPromoter. ("WebinarPromoter"), for use of the
Services, media, printed materials, and "online" or electronic
documentation. If you or your company have an existing written
agreement with WebinarPromoter, the written agreement will control your use of
the Services. Otherwise, you agree to be bound by and become a party
to all the terms of this Agreement by joining, or initiating a
meeting supported by the Services.
If you do not agree with the terms of this Agreement, do not use,
or join any meeting supported by, the Services.
Any software associated with the Services is protected by
copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties.
1. PRIVACY. WebinarPromoter's privacy policy is
described on the WebinarPromoter website. Please consult it to learn WebinarPromoter's
current policies to protect the privacy of your information.
2. RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree
that you are solely responsible for the content of all visual,
written or audible communications sent by you. You agree that you
will not use the Services to send unsolicited mass mailings outside
your company or organization. You further agree not to use the
Services to communicate any message or material that is harassing,
libelous, threatening, obscene, indecent, would violate the
intellectual property rights of any party or is otherwise unlawful,
that would give rise to civil liability, or that constitutes or
encourages conduct that could constitute a criminal offense, under
any applicable law or regulation. Although WebinarPromoter is not responsible
for any such communications, WebinarPromoter may delete any such
communications of which WebinarPromoter becomes aware, at any time without
notice to you.
3. RIGHT TO USE. Subject to the terms and conditions of this
Agreement, WebinarPromoter grants you only the right to use the Services, in
accordance with this Agreement. You receive no rights to, modify, or
reproduce, the Services or any associated software.
4. NO COMMERCIAL USE. Other than using the Services for
conferences or meetings in which you are an active participant, and
as permitted under the terms and conditions of this Agreement or
other written agreements between you and WebinarPromoter, you may not resell,
distribute, make any commercial use of, use on a timeshare or
service bureau basis, or use to operate a Web-site or otherwise
generate income from the Services.
5. COPYRIGHT. WebinarPromoter and/or its suppliers, as applicable, retain
ownership of all proprietary rights notices and marks in, or
displayed by, the Services. You will not remove, deface or obscure
any of WebinarPromoter's or its suppliers' copyright or trademark notices
and/or legends or other proprietary notices on, incorporated
therein, or associated with the Services.
6. TERMINATION. You may terminate this Agreement at any time by
providing written notice to WebinarPromoter. If you fail to comply with any
term of this Agreement, WebinarPromoter may terminate this Agreement without
notice. All Sections, except Section 3, "RIGHT TO USE" shall survive
any termination of this Agreement. Upon any termination of this
Agreement, you must cease any further use of the Services and
destroy any copies of associated software within your possession and
control.
7. RESTRICTED RIGHTS. The Services and/or any associated software
or documentation, is provided with Restricted Rights, in accordance
with DFARS section 227.7202 and its subparagraphs. You acknowledge
that if you are using the services as a representative, employee
or
agent of the Department of Defense or other governmental entity of
any country or state, that the Services or portion thereof is
classified, in accordance with 252.227-7014, as "Commercial Computer
Software" and any documentation included in or with the Services,
is classified as "Commercial Computer Software Documentation",
both of which were "Developed exclusively at private expense" by WebinarPromoter.
You receive no rights to, modify, or reproduce, the Services or
any
associated software.
8. EXPORT RESTRICTIONS. You acknowledge that the Services, or
portion thereof may be subject to the export control laws of the
United States. You will not export, re-export, divert, transfer or
disclose any portion of the Services or any related technical
information or materials, directly or indirectly, in violation of
any applicable export law or regulation
9. INJUNCTIVE RELIEF. You acknowledge that any use of the
Services contrary to this Agreement, or any transfer, sublicensing,
copying or disclosure of technical information or materials related
to the Services, may cause irreparable injury to WebinarPromoter, its
affiliates, suppliers and any other party authorized by WebinarPromoter to
resell, distribute, or promote the Services ("Resellers"), and under
such circumstances WebinarPromoter, its affiliates, suppliers and Resellers
will be entitled to equitable relief, without posting bond or other
security, including, but not limited to, preliminary and permanent
injunctive relief.
10. NO WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE
PROVIDED "AS IS" AND WebinarPromoter, ITS AFFILIATES, SUPPLIERS AND RESELLERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WebinarPromoter, ITS
AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR
REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES
WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF
THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
THE SERVICES REMAINS WITH YOU. You agree to indemnify, defend and
hold harmless WebinarPromoter, its affiliates, officers, directors, employees,
consultants, agents, suppliers and Resellers from any and all third
party claims, liability, damages and/or costs (including, but not
limited to, attorneys fees) arising from your use of the Services,
your violation of this Agreement or the infringement or violation by
you or any other user of your account, of any intellectual property
or other right of any person or entity. Without limiting the
foregoing, the Services are not designed or licensed for use in
hazardous environments requiring fail-safe controls, including
without limitation operation of nuclear facilities, aircraft
navigation/communication systems, air traffic control, and life
support or weapons systems. Without limiting the generality of the
foregoing, WebinarPromoter, its affiliates, suppliers and Resellers
specifically disclaim any express or implied warranty of fitness for
such purposes.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL WebinarPromoter OR ITS AFFILIATES, SUPPLIERS
OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY
LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR
OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WebinarPromoter, ITS
AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WebinarPromoter'S, ITS AFFILIATES’,
SUPPLIERS’ AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR
EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SERVICES (IF ANY). Because some states and jurisdictions do not
allow the exclusion or limitation of liability, the above limitation
may not apply to you.
12. MISCELLANEOUS
12.1 Choice of Law and Forum. This Agreement shall be governed
by and construed under the laws of the State of Wisconsin, U.S.A.,
exclusive of its choice of law principles. The parties consent
to the exclusive jurisdiction and venue of the courts located
in and
serving Shawano, Wisconsin.
12.2 Waiver and Severability. Failure by either party to exercise
any of its rights under, or to enforce any provision of, this
Agreement will not be deemed a waiver or forfeiture of such rights
or ability to enforce such provision. If any provision of this
Agreement is held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, that provision will be amended to
achieve as nearly as possible the same economic effect of the
original provision and the remainder of this Agreement will remain
in full force and effect.
12.3 General Provisions. This Agreement embodies the entire
understanding and agreement between the parties respecting the
subject matter of this Agreement and supersedes any and all prior
understandings and agreements between the parties respecting such
subject matter. WebinarPromoter may change the terms of this Agreement at any
time by posting modified terms on its website. This Agreement has
been prepared in the English Language and such version shall be
controlling in all respects and any non-English version of this
Agreement is solely for accommodation purposes. All notices or other
correspondence to WebinarPromoter under this Agreement must be sent to the
address provided in Section 7 above, or other address as provided by
WebinarPromoter for such purpose. Any and all rights and remedies of WebinarPromoter
upon your breach or other default under this Agreement will be
deemed cumulative and not exclusive of any other right or remedy
conferred by this Agreement or by law or equity on WebinarPromoter, and the
exercise of any one remedy will not preclude the exercise of any
other. The captions and headings appearing in this Agreement are for
reference only and will not be considered in construing this
Agreement.
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