Terms of ServiceSHARE THIS
Terms of Service
(Effective February 1, 2013)
These terms of service may change from time to time; you are responsible for reviewing these terms of service periodically for any changes.
1. Acceptance of the Terms of Service. By visiting or using this Site, you are expressly agreeing to and accepting these terms of service (the “Terms of Service”). As used in these Terms of Service, “WEPA” means WestEastonPA.com, including all affiliates and subsidiaries and their successors and assigns. If you do not agree to these Terms of Service, please do not use this Site. This Site is intended for users 18 or older and who are capable of entering into legally binding contracts. If you are under 18 years of age, please do not use this Site. By using this Site, you affirm you are 18 years of age or older and are fully able and competent to enter into, accept, and comply with these Terms of Service.
(a) Third Party Websites. This Site links to third party websites that are not owned or controlled by WEPA (e.g. Facebook, Twitter, Adsense, etc.). WEPA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. By using this Site, you expressly relieve WEPA from any and all liability arising from your use of any third party website accessed from this Site.
(b) Linking Policy. WEPA welcomes you to add this Site to your website or blog, provided that: (i) you don’t misrepresent any relationship between you and WEPA, or imply that WEPA endorses or approves of your website, application(s), or product(s); and (ii) your website or blog is consistent with these Terms of Service.
3. Content and Trademarks.
(a) WEPA Site Content. The Content and Marks are provided to you “as-is” for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless specifically noted on WEPA for that purpose on this site. Download and use of any files from WEPA without permission is subject to separate License Terms and not these Terms of Service.
(b) Third Party Website Content. Some content from third party websites may be made accessible to you via this Site for your information and personal use when using this Site. Such content is made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of this Site, or as otherwise prohibited under these Terms of Service. WEPA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any third party website content. WEPA does not endorse any third party website content or any opinion, recommendation, or advice expressed therein, and WEPA expressly disclaims any and all liability in connection with such content. Further, you may be exposed to third party website content that is inaccurate, offensive, indecent, or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against WEPA and will indemnify and hold WEPA, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of this Site or any content accessed via this Site.
4. Grant of Rights and Ownership. WEPA grants you permission to access, use and link to this Site solely as intended through the provided functionality of the Site, and only in accordance with these Terms of Service. WEPA retains all ownership rights in the WEPA name, trademarks, and logos (collectively, “WEPA Marks”), WestEastonPA.com, and all related intellectual property rights. WEPA further grants you a limited, revocable, worldwide, non-exclusive, non-sub licensable, and non-transferrable license to use the WEPA Marks to link to this Site. Any other use of the WEPA Marks or any WEPA intellectual property is prohibited. WEPA reserves all rights not expressly granted to you herein.
5. Representations and Warranties. You represent and warrant that:
(a) you will not use, copy, or distribute in any medium any part of this Site without WEPA’s prior written authorization, or unless we provide download links for your personal use of material;
(b) you will not alter or modify any part of this Site nor circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of the Site;
(c) access the Site through any technology or means other than as explicitly authorized by WEPA (e.g. via any automated system, including without limitation, “robots” or “spiders”);
(d) you will not use the Site for any commercial use without the prior written authorization of WEPA. Prohibited commercial uses include selling access to this Site on another website, using this Site for primarily gaining advertising or subscription revenue, or soliciting users of the Site for commercial purposes; and
(e) you will not collect any personally identifiable information from the Site.
6. DISCLAIMER. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. WEPA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. WEPA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT (INCLUDING THIRD PARTY CONTENT), (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE. WEPA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE. WEPA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL WEPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT (INCLUDING THIRD PARTY CONTENT), (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THIS SITE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE IN ANY MANNER VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEPA’S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED US$1.00.
8. Indemnity. You will defend, indemnify and hold harmless WEPA, its affiliates and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to this Site; (b) your violation of any term of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of this Site caused damage to a third party. Your indemnity obligation survives these Terms of Service or your use of this Site.
9. Assignment. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WEPA without restriction at any time.
10. Miscellaneous. WEPA reserves the right to discontinue this Site, or any aspect thereof at any time with or without notice, and without any liability to you. WEPA reserves the right to remove or ban any member, either temporarily or permanently, for any reason. This Site is based in the United States and is a passive website that does not give rise to personal jurisdiction over WEPA, either specific or general, in jurisdictions other than Pennsylvania. WEPA makes no representations that this Site is appropriate or available for use in locations other than the United States. Those who access or use this Site from other jurisdictions are responsible for compliance with their local laws. These Terms of Service are governed by the laws of the United States of America and the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO WEPA ON LOCATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service and any other legal notices published by WEPA on this Site constitute the entire agreement between you and WEPA concerning your use of this Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Service, which remain in full force and effect. No waiver of any term of these Terms of Service is a further or continuing waiver of such term or any other term, and WEPA’s failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and WEPA. You are not the agent or authorized to act as the agent of WEPA in any respect. WEPA reserves the right to amend these Terms of Service at any time and any changes to these Terms of Service will be effective thirty (30) days after the date they are posted. You are responsible for reviewing these Terms of Service from time-to-time for any changes. Your use of this Site following any amendment of these Terms of Service will signify your acceptance of its revised terms.