WelcomeLink Terms of Use

WelcomeLink ("WelcomeLink") makes available through this website ("Website") proprietary services ("Services") that include: (1) providing access to certain software tools for designing, creating, and managing documents ("Documents") (2) designing, revising, proofreading, and otherwise preparing the content of Documents, and (3) printing and sending Documents via email, facsimile, United States standard mail, or other means of delivery to Users (defined below). These Terms of Use ("Terms of Use") govern WelcomeLink's provision of the Services and your use of the Website. You may only use the Website or Services if you are at least eighteen (18) years or older and are otherwise capable of forming legally binding contracts under applicable law. By accessing or using the Services or the Website or by registering as a user of the Services ("User"), you agree that (1) you have read and familiarized yourself with the Terms of Use, (2) you understand the Terms of Use, and (3) your use of the Services and the Website will be in accordance with the Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services or the Website.

Amendment of Terms of Use.    WelcomeLink may amend the Terms of Use at any time, at WelcomeLink's sole discretion, without notice. User is encouraged to periodically review the Terms of Use posted on the Website. Use of the Services or the Website constitutes acceptance of the Terms of Use including any amendments thereto. The Terms of Use were last revised on December 1, 2007.

Use of the Services and the Website.    User may access and use the Services and the Website solely for the purpose of designing, creating, revising, proofreading, preparing, and managing Documents. User acknowledges that in accessing and using the Services, User will be accessing certain proprietary software tools ("Tools"). User expressly agrees that: (1) User may access and use the Tools solely in connection with User's permitted use of the Services, (2) User will not download, copy, modify, publish, rent, transfer, sublicense, or distribute the Tools, (3) User will not reverse engineer, reverse compile, or disassemble the Tools or otherwise translate the Tools into a human-readable form; and (4) the Tools are protected by United States copyright law and international copyright treaties. WelcomeLink retains all right, title, and interest in and to the Tools, including all worldwide patent rights, copyrights, trade marks, trade secrets, know-how, and any other intellectual property rights therein. Except with written permission of WelcomeLink, User agrees that it will not access or attempt to access password-protected, secure or non-public areas of the Website.

Changes to Services and/or Website.    User acknowledges and agrees that WelcomeLink may change, suspend, or discontinue any aspect of the Services or the Website or impose limits on certain features of the Services or the Website, at any time, without notice, and without liability to User or to any third party.

Password and Security.    User is solely responsible for maintaining the confidentiality of its User name and password. User agrees that it will immediately notify WelcomeLink in writing at WelcomeLink, Legal Department, 8455 Lenexa Drive, Lenexa, KS 66214, or by electronic mail at legal@welcomeLink.com of any unauthorized use of its User name or password.

User Information.    User will provide information to WelcomeLink during the registration process and during the course of the use of the Services and the Website ("User Information"). User agrees and warrants that: (1) all User Information is accurate and complete at the time of registration, and (2) User will update User Information such that the User Information will at all times be current, accurate, and complete. User grants to WelcomeLink a non-exclusive, royalty-free license to use the User Information in connection with WelcomeLink provision of the Services, subject to the terms of the WelcomeLink Privacy Policy.

Privacy Policy.    We encourage you to read our Privacy Policy for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from Users.

User Content.    All content, works, information, or materials of any kind that a User creates or provides through use of the Services or the Website (collectively, "User Content") will be solely User's responsibility. User will be solely responsible for verifying the quality, accuracy, reliability, legality, and completeness of all User Content, including any User Information. WelcomeLink generally does not monitor or review User Content or User's use of the Website or Services. User grants to WelcomeLink a non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, distribute, license to others, publicly perform, and publicly display User Content.

User Conduct.    User represents, warrants, and covenants that its use of the Services and the Website will not:

      (a)      violate any applicable local, state, national, or international law, statute, ordinance, rule, or regulation;

      (b)      impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity, or forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;

      (c)      upload, post, transmit, publish, or distribute any material or information that infringes, violates, or breaches the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right;

      (d)      interfere with or disrupt the use of the Services or the Website by any other user;

      (e)      upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, or other unsolicited communications (except as may be permitted by the use of the Services or the Website as provided for herein);

      (f)      upload, post, transmit, publish, or distribute any material or information that contains a computer virus, or other code, files, or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;

      (g)      use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;

      (h)      upload, post, transmit, publish, or distribute any material or information that is unlawful, constitutes, or encourages conduct that would constitute a criminal offense, gives rise to other liability, or that may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or

      (i)      reproduce, copy, modify, sell, distribute, or otherwise exploit for any commercial purposes the Services or the Website, or any component or content thereof.

WelcomeLink will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Website security issues, to the fullest extent of the law. WelcomeLink may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that WelcomeLink has no obligation to, and generally will not, monitor your access to or use of the Website, User Content, and Services, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Digital Millennium Copyright Act Compliance

WelcomeLink respects the intellectual property rights of others and expects users of the Website to do the same. At WelcomeLink's sole discretion and in appropriate circumstances, WelcomeLink may terminate the accounts of Users or prevent access to the Website by Users who infringe the intellectual property rights of others. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), WelcomeLink's designated agent for notice of alleged copyright infringement appearing on the Website is:

WelcomeLink
Attention: Legal Department
8455 Lenexa Drive
Lenexa, KS 66214
ph: (913) 725-1000
fax: (913) 754-4444
email: legal@welcomelink.com

Filing a notice of infringement with WelcomeLink requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://lcweb.loc.gov/copyright/.

Links to Third Parties.    The Services and the Website may provide links to the websites or services of others ("Third-Party Sites"). Links to such Third-Party Sites do not constitute an endorsement by WelcomeLink of such Third-Party Sites, or the products, content, materials or information presented or made available by such Third-Party Sites. User acknowledges and agrees that WelcomeLink is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Sites, or from the products, content, material, or information presented by or available through such Third-Party Sites.

Termination.    WelcomeLink expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Services and the Website by any person or entity, at the sole and absolute discretion of WelcomeLink.

No Relationship.    User and WelcomeLink are independent contractors. Neither party is an agent, representative, broker, employee, or partner of the other party. These Terms of Use will not be interpreted or construed to create an association, joint venture, agency, franchise, or partnership between the parties or to impose any partnership obligation or liability upon either party.

Choice of Law.    These Terms of Use, and all questions with respect to the interpretation of these Terms of Use, will be governed by and construed in accordance with the internal laws of the State of Delaware and without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the federal and state courts located in the Delaware.

Indemnification.    User will defend, indemnify and hold harmless WelcomeLink, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors, and assigns (collectively, "Indemnified Parties"), from and against any claims, losses, damages, liabilities, judgments, fees, and expenses related thereto (including, without limitation, reasonable attorneys' fees) incurred by any of the Indemnified Parties arising from or related to: (1) the use of the Services or the Website by User, (2) any breach or violation of these Terms of Use by User, and (3) any breach of any of User's representations, warranties, and covenants.

Disclaimer of Warranties.    THE SERVICES AND THE WEBSITE, INCLUDING ALL TOOLS, SOFTWARE, TECHNOLOGY, CONTENT, DOCUMENTS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEBSITE, ARE PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND WELCOMELINK EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WELCOMELINK DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE, OR THE TOOLS, SOFTWARE, TECHNOLOGY, CONTENT, DOCUMENTS, MATERIALS, OR INFORMATION CONTAINED THEREIN OR USED IN CONNECTION WITH THE SERVICES OR THE WEBSITE, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WELCOMELINK MAKES NO WARRANTY THAT THE SERVICES OR THE WEBSITE WILL MEET USER'S REQUIREMENTS. IF USER IS DISSATISFIED WITH THE SERVICES OR THE WEBSITE, USER'S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES OR THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WELCOMELINK OR THROUGH THE SERVICES OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability. IN NO EVENT WILL WELCOMELINK BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE WEBSITE, OR THE TOOLS, SOFTWARE, TECHNOLOGY, CONTENT, DOCUMENTS, MATERIALS, OR INFORMATION RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL, OR LOST SALES. IN NO EVENT WILL WELCOMELINK'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR THE USE OF THE SERVICES OR THE WEBSITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY USER TO WELCOMELINK, OR, IF NO AMOUNTS HAVE BEEN PAID BY USER, ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING LIMITATION WILL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Notices.    Notices will be given:

To WelcomeLink: By email at legal@welcomelink.com and by certified mail, return receipt requested, to WelcomeLink, Attention Legal Department, 8455 Lenexa Drive, Lenexa, KS 66214 or to such other address as may be designated from time to time.

To User: By email at the email address as reflected in User's registration information. Notices to User will be deemed to have been received twenty-four (24) hours after the email is sent. Notices to WelcomeLink will be deemed to have been given three (3) business days after the date of mailing by certified mail.

Age Requirement.    To use the Website or Services, you must be at least eighteen (18) years old and otherwise capable of forming legally binding contracts under applicable law. If you are under eighteen (18), please do not use the Website or Services.

Severability.    If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use will continue in full force and effect.

Waiver.    The failure of WelcomeLink to exercise or enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Trademarks.    WelcomeLink and WelcomeLink.com and the logos thereof are trademarks or service marks of WelcomeLink. No display or use of such marks may be made without the express written permission of WelcomeLink.

Entire Agreement.    These Terms of Use, any other click-wrap agreements to which User has assented on this Website, and any binding written agreements that have been physically signed by both User and WelcomeLink, constitute the entire and exclusive agreement between WelcomeLink and User with respect WelcomeLink's provision of the Services and User's use of the Services and the Website. These Terms of Use, any other click-wrap agreements to which User has assented on this Website, and any binding written agreements that have been physically signed by both User and WelcomeLink supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter. In the event of a conflict between these Terms of Use, any other click-wrap agreements to which User has assented on this Website, and any binding written agreements that have been physically signed by both User and WelcomeLink, the terms and conditions of the agreements shall control in the following order: (1) any binding written agreements that have been physically signed by both User and WelcomeLink, (2) any other click-wrap agreements to which User has assented on this Website, and (3) these Terms of Use.