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 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.
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:
Attention: Legal Department
8455 Lenexa Drive
Lenexa, KS 66214
ph: (913) 725-1000
fax: (913) 754-4444
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.
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.
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 firstname.lastname@example.org 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.
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.