WelcomeLink Website Terms of Use

Uhlig LLC, d/b/a WelcomeLink, and its processing partners and affiliates (“WelcomeLink”) makes available through this website (“Website”) proprietary services (“WelcomeLink Services”) that include but are not limited to: (1) providing access to certain proprietary methods, information, data, images, text, content, software and tools (together, “Tools”) for designing, creating, managing, reviewing, approving, completing and uploading documents, data and other information (“Documents”); (2) designing, creating, editing, managing, revising, proofreading, and otherwise preparing the content of Documents; (3) assembling, formatting, printing, tracking, archiving and sending Documents via email, facsimile, digital formats, text messages, United States standard mail, or other means of delivery or publication to Users (as defined below); (4) initiating, processing, supervising, managing, reviewing, tabulating, analyzing, projecting and reporting orders, transactions and payments involving, related to, referring to or involving the Documents (“Transactions”); and (5) receiving, exchanging and/or transferring Documents or other data and/or information arising from, referring to and/or related to the Tools, Documents or Transactions (“Data Exchanges”). The availability, scope and nature of the WelcomeLink Services, individually and in the aggregate, may be modified or terminated by WelcomeLink in its sole discretion at any time without notice.

Users. These Terms of Use (“Terms of Use”) govern WelcomeLink’ provision of the WelcomeLink Services and the use of the Website. By accessing or using the WelcomeLink Services or the Website or by registering as a user of the Website or the WelcomeLink Services, you (“User” or “you”) represent, warrant and agree that (1) you have read and familiarized yourself with the Terms of Use, (2) you understand and agree to the Terms of Use, (3) your use of the WelcomeLink Services and the Website will be in strict accordance with the Terms of Use, (4) you are the specific person authorized by WelcomeLink for access with respect to such access credentials; (5) you have been granted access to the Website and/or WelcomeLink Services on the condition that you acknowledge and will protect and maintain as confidential the design, functionality and specifications of all password-protected, secure, administrative, internal or non-public functions or areas of the Website or WelcomeLink Services (collectively “Non-Public Areas”); (6) will not take any action designed or intended or the result of which constitutes a breach, bypass or circumvention of or an attempt to breach, bypass or circumvent the security measures in place governing access to and use of the Website and/or prevent or restrict access to the Website; (7) will not take any action designed or intended or the result of which constitutes a purposeful disruption or attempt purposefully to disrupt the WelcomeLink Services and/or the use, integrity or security of the Website; (8) will not take or pursue any deceptive act concerning use of the WelcomeLink Services nor access to or use of the Website, including but not limited to submitting false user credentials to obtain access, use of someone else’s access credentials or disguising your identity or intended use of the WelcomeLink Services and the Website; and (9) you are not accessing the Website for any unauthorized purpose, expressly including any Prohibited Use (as defined below).

If you are accessing the Website as an agent of, on behalf of or as a representative of any person or entity, you represent, warrant and agree that you have the authority to access the Website and have the authority to bind the other person or entity, and that the entity also agrees to the Terms of Use, and your agreement to the same is binding upon the entity or entities on whose behalf you are accessing this Website. If you or any other person or entity you represent do not agree to the Terms of Use, you are not authorized to access or use, and must not access or use, the WelcomeLink Services or the Website.

Proprietary Information. In the course of the performance of the WelcomeLink Services and operation of the Website, WelcomeLink will use and/or provide training materials, reference tools, production guides, algorithms, supplies, text, data, artwork, intellectual property, analyses, products, materials, methodologies, processes, functionality and other tools, systems and information that are proprietary to it or to third parties from whom WelcomeLink has licensed such property (collectively “Proprietary Items”) that are highly specialized and proprietary to WelcomeLink and that constitute trade secrets belonging to WelcomeLink. WelcomeLink shall have and retain all interest, title and rights (including copyrights, patent rights, trademark rights, trade secret rights, moral rights and all other proprietary rights) in and to the Proprietary Items. Your use of the Website or WelcomeLink Services or your receipt of Documents or data or other information from WelcomeLink does not convey to you any rights, title or interest in or to the Proprietary Items, and under no circumstances will you be granted any rights, title or interest in or to the Proprietary Items.

Ordering. By your use of the Website and submission an order for WelcomeLink Services, you represent, warrant and agree that you own or have full legal right to use any and all information or other content that you provide in any order and/or other information and documentation you submit or upload to WelcomeLink by means of this Website (collectively, the “Order Information”) and that such information or content is accurate, and complete, and that use of the Order Information or content you supply does not violate any law and will not cause injury to any person or entity, or violate any local, state or federal rule, regulation or statute. By your use of the Website and submission of Order Information, you hereby grant to WelcomeLink a perpetual, fully-paid license to use any and all material and data uploaded by you for purposes of your Order Information and the provision of the WelcomeLink Services. You certify that all Order Information (1) is complete and accurate, (2) does not infringe the rights of a third-party, (3) is not false, libelous or defamatory and (4) does not contain any objectionable content. You agree, as a condition of processing your Order Information, that WelcomeLink neither bears nor assumes any responsibility whatsoever for the content nor the verification or completeness of the Order Information, and you agree to indemnify WelcomeLink and hold it harmless from any error or omission arising out of the accuracy and/or completeness of your Order Information. You hereby authorize WelcomeLink to share the Order Information with any other parties that it may reasonably believe to be necessary to fulfill the purposes of your order. Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by WelcomeLink.

Use of the Tools, WelcomeLink Services and the Website. You may access and use the Tools, WelcomeLink Services and Website solely for the purpose of: (1) designing, creating, uploading, retrieving, revising, proofreading, managing, preparing, delivering, tracking and/or archiving Documents relating to a residential property or common-interest community that User directly manages or is otherwise legally responsible for (“Managed Communities”); (2) initiating, processing, supervising, managing, reviewing, tabulating and reporting Transactions relating to Managed Communities for your client or customer for which the specific order is made; or (3) effecting Data Exchanges related to Managed Communities for your client or customer for which the specific order is made. You may not access and use the WelcomeLink Services and the Website for any other purpose. You expressly agree that: (1) you will access and use the Website, the Tools and Documents solely in connection with your permitted use of the WelcomeLink Services and not for any prohibited use (as set forth below), (2) you will not download, duplicate, compile, copy, modify, publish, rent, transfer, sublicense, distribute, demonstrate, or make available to any unauthorized party whether directly, indirectly, through a service bureau or by other means, the Tools or Documents, (3) you will not reverse engineer, reverse compile, or disassemble the Tools or otherwise translate the Tools into a human-readable form; (4) you will not access the Tools, WelcomeLink Services or Websites for the purpose of gaining, in any form whatsoever, any competitive intelligence or internal information about or from, or commercial advantage against, WelcomeLink, its customers, vendors, partners or affiliates, including but not limited to customer lists, software code, technical specifications, production techniques, workflows, documents, transaction data, marketing data, pricing or other economic data, production data or other proprietary information of any kind; and (5) the Tools and Documents are protected by United States copyright law and international copyright treaties. WelcomeLink retains and exclusively owns all right, title, and interest in and to the Tools, Documents, WelcomeLink Services and Website, including without limitation all worldwide patent rights, copyrights, trademarks, service marks, domain names, brands, trade secrets, inventions, know-how, and any other intellectual property rights therein, which are protected by United States intellectual property and other applicable laws.

Prohibited Uses. Your use of the WelcomeLink Services and the Website shall not:

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

(b)     be done for resale or any commercial use whatsoever (other than your reimbursement for charges by your client or customer for which the specific order is made);

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

(d)     circumvent WelcomeLink’ systems, policies or determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Website; or

(e)     interfere with, disrupt, damage or compromise the Website or WelcomeLink’ systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website.

In accessing the Website and using the WelcomeLink Services, you shall not:

(a)     access, copy, alter, distribute, share, publish, use or store, or prepare derivative works from any content that belongs to us, another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express written permission from WelcomeLink and the person, entity or party holding the rights to license such use;

(b)     take any action designed or intended or the result of which constitutes a breach, bypass or circumvention of or an attempt to breach, bypass or circumvent the security measures in place governing access to and use of the Website and/or prevent or restrict access to the Website;

(c)     take or pursue any deceptive act concerning access to or use of the Website, including but not limited to submitting false user credentials to obtain access, use of someone else’s access credentials or disguising your identity or intended use of the WelcomeLink Services or the Website, impersonate any other person or entity, or make any misrepresentation or fraudulent or misleading statement as to your identity, intention, 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 (as defined below);

(d)     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;

(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 WelcomeLink 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, integrity or security of the WelcomeLink Services, the Website, or that of other computer systems;

(g)     use the WelcomeLink Services or the Website in such a manner as to gain unauthorized entry or access to or assist any third party with access to Documents or Non-Public Areas, including but not limited to the Website, WelcomeLink Services, or the Tools, or the accounts or computer systems of WelcomeLink, its affiliates, its customers, or 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 potentially may be perceived as being harmful, threatening, abusive, harassing, false, inflammatory, scandalous, defamatory, libelous, or constitutes or implies vulgar, obscene, profane, pornographic or racially, ethnically, or otherwise objectionable statements or materials;

(i)     access, use, reproduce, copy, modify, sell, disclose, distribute, or otherwise exploit for any commercial purposes (other than in connection with the uses specifically permitted hereunder) the Website, WelcomeLink Services, Tools, or Documents, or any component or content thereof;

(j)     access, search, collect information from, or otherwise interact with the Website by “scraping,” “crawling” or “spidering” the Website, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by us, unless you have been specifically authorized to do so in a separate written agreement with us;

(k)     use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, WelcomeLink’ name or any WelcomeLink’ trademark, service mark, logo or other proprietary information, without our express written consent;

(l)     probe, scan, or test the vulnerability of WelcomeLink’ system or network or of WelcomeLink’ providers, or breach or circumvent any security or authentication measures of such system or network;

(m)     avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by WelcomeLink or any of its providers or any other third party to protect the Website;

(n)     forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website or contents derived from the Website to send altered, deceptive or false source-identifying information;

(o)     attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website or any of the WelcomeLink Services;

(p)     otherwise abuse the Website or breach the Terms of Use or any other agreement entered into with WelcomeLink in connection with your use of the Website; or

(q)     attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

Your access to the Website constitutes your representation that the sole reason for such access is in connection with a bona-fide, legal, ordinary course of business transaction. You agree that you will not, in any fashion, reproduce, copy, modify, alter, add to, aggregate, compile, integrate, sell, distribute, or otherwise exploit or reuse for any commercial purposes (other than your reimbursement for charges by your client or customer for which the specific order is made) any WelcomeLink Services, Documents or other materials or data produced or provided through the Website, or any component or content thereof, including any dates or certification. Any such reproduction, copy, modification, alteration, addition, sale, distribution, exploitation or reuse is absolutely prohibited and shall automatically, without any notice or action on WelcomeLink’ part, cause the WelcomeLink Services, Documents or such other materials to be deemed to be ineffective and void for all purposes. The WelcomeLink Services, Documents and such other materials and any certification by WelcomeLink thereof shall automatically, without any notice or action on WelcomeLink’ part, be void after thirty (30) days from your receipt of the same, and in no event or circumstance shall any such Documents nor any data contained therein be usable or valid after such expiration, such use being strictly prohibited.

Remedies. You understand and agree that any violation of the Terms and conditions, Terms of Use, Privacy Policy, Registration, or Submission Agreements (as defined below) will cause damage to WelcomeLink directly or indirectly, including but not limited to damage to Managed Communities whose information is available through the Website and WelcomeLink Services. You understand and agree that in the event you engage in any commercial activity that includes, compiles, analyzes, reproduces, relies upon or otherwise uses information you obtained through the Website or the WelcomeLink Services that you will disgorge to WelcomeLink all funds received that directly or indirectly result from such prohibited use in addition to any and all other remedies available at law or in equity.

If you violate any of the terms of these Terms of Use, in addition to any other remedies WelcomeLink may have, your permission to use the Website shall immediately terminate without the necessity of any notice. WelcomeLink retains the right to deny access to anyone at its discretion for any reason.

Violations. WelcomeLink will have the right to investigate and prosecute violations of any prohibited uses (as set forth above), including but not limited to violating the restrictions on commercial use, 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, or induce others to violate, these Terms of Use.

WelcomeLink has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website by you and any Order Information or content that you or any third party has provided to it for any reason in its sole discretion.

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

Registration; Password and Security. You must register for a user account before you are able to use WelcomeLink Services (your “Registration”). You may register to create an account directly via the Website. You may not register for an account in the name of an individual or person other than yourself or the entity on whose behalf you are acting, and you may not use an account registered in the name of any other individual or person. Your Registration and submission of any Order Information constitute your representation that the individual using the access credentials has not obtained such credentials nor is using such credentials under false pretenses, is properly authorized by you to access the Website on your behalf for the proper purposes outlined above and is not using such credentials nor accessing the Website for any purpose contrary to these Terms of Use. Access credentials are not transferable. You shall not allow the use of your access credentials by nor share access credentials with any individual or person who is not your employee. You are responsible for the actions of any individual or person who uses credentials obtained by you for any purpose, including any purpose contrary to these Terms of Use, and you shall be fully liable for any and all such improper use or access. You shall not transfer your account to another individual or person without WelcomeLink’ prior written consent.

You are solely responsible for maintaining the confidentiality of your User name and password, and are fully responsible for all uses of your User name and password, whether by you or others. You will log out of your account at the end of each session; keep your password confidential and not share it with anyone else; and immediately notify WelcomeLink in writing at Uhlig LLC, Office of the General Counsel, 8455 Lenexa Drive, Overland Park, Kansas 66214, or by electronic mail at legal@uhlig.com of any unauthorized use of your User name or password.

User Information. You will be asked to provide information to WelcomeLink during the Registration process and during the course of the use of the WelcomeLink Services and the Website (“User Information”). You represent, warrant and agree that: (1) all User Information is accurate and complete at the time of registration, and (2) you will update User Information such that the User Information will at all times be current, accurate, and complete. You grant to WelcomeLink a non-exclusive, royalty-free license to use the User Information in connection with WelcomeLink provision of the WelcomeLink Services, subject to the terms of the WelcomeLink Privacy Policy.

Privacy Policy. WelcomeLink encourages you to read the WelcomeLink Privacy Policy, which is incorporated herein, for information about its policies and procedures regarding the collection, use and disclosure of personal information WelcomeLink receives from you.

User Content. All content, works, information, or materials of any kind that you create or provide through use of the WelcomeLink Services or the Website (collectively, “User Content”) will be solely your responsibility. You will be solely responsible for verifying the quality, accuracy, reliability, legality, and completeness of all User Content, including any User Information. WelcomeLink assumes no responsibility for screening, reviewing or approving User Content, and you grant to WelcomeLink a non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, distribute, and publicly display User Content for the purposes hereof.

Disclaimer of Fiduciary Relationship. WelcomeLink (1) is providing the WelcomeLink Services and Documents and processing the Order Information as an independent private entity separate and apart from any corporate, agency or fiduciary relationship, including any agency regarding the pricing requirements, restrictions, or mandates, if any, of any condominium act, statute, rule, regulation, and/or ordinance in effect in the county, parish, city, or state of your residence that governs, regulates, and/or oversees condominium associations or the pricing WelcomeLink may charge you for providing the WelcomeLink Services or processing the Order Information and (2) shall not be deemed to have or be subject to any fiduciary duties by reason of or related to any of the WelcomeLink Services.

Disclosure of Fees and Costs for WelcomeLink Services. Any fee(s), cost(s), or expense(s) charged by WelcomeLink for providing the WelcomeLink Services or processing the Order Information in excess of the actual out-of-pocket costs for providing the WelcomeLink Services or processing the Order Information, are attributable to a reasonable profit, convenience or rush fee in providing the WelcomeLink Services or processing the Order Information in an accurate and timely manner. You agree that you are under no compulsion, requirement, or obligation to access this Website or to request or use the WelcomeLink Services or to submit Order Information, and you are doing so under your own free will. By requesting or using the WelcomeLink Services or submitting Order Information to be processed, you agree to pay any fees, costs or expenses charged by WelcomeLink for the same, which payments made by you are voluntary and without reservation. By using the Website you are agreeing that the fees and costs as disclosed on the Website for the WelcomeLink Services are fair and reasonable costs and fees for the provision of the WelcomeLink Services in an accurate, timely, and convenient manner and that any dispute of such fees by you and any failure by you to pay such fees in a timely manner shall automatically, without notice, void the effectiveness of any Documents, WelcomeLink Services or other data or information (including any certifications thereof) provided to you in return for your promise to pay such fees. You retain at all times the right to request directly from your condominium association, homeowner association or other legally authorized source any information you may be seeking on this Website.

Digital Millennium Copyright Act Compliance. WelcomeLink has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. WelcomeLink has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on WelcomeLink’ rights or the rights of a third party, or that is otherwise found to have violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Use. If you believe any material available via this Website infringes a copyright, you shall notify WelcomeLink using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). WelcomeLink will respond promptly to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. 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 WelcomeLink 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. 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 WelcomeLink Services and the Website or any part thereof by any person or entity, at the sole and absolute discretion of WelcomeLink.

No Relationship. You and WelcomeLink are independent contractors. Neither you nor WelcomeLink is an agent, representative, broker, employee, or partner of the other. These Terms of Use will not be interpreted or construed to create an association, joint venture, agency, franchise, or partnership between you and WelcomeLink or to impose any partnership obligation or liability upon either party.

Time for Filing any Claim. BY USING THE WEBSITE AND THE WelcomeLink SERVICES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST WelcomeLink MUST RELATE TO A SPECIFIC ORDER SUBMITTED TO WelcomeLink AND MUST BE COMMENCED BY FILING AN INDIVIDUAL ACTION WITHIN ONE YEAR OF THE DATE OF THE SUBMISSION OF THE ORDER TO WHICH THE CLAIM RELATES, AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM THAT IS NOT ASSERTED WITHIN SUCH ONE YEAR TIME PERIOD. Notwithstanding the forgoing, WelcomeLink will be permitted to bring any claim for breach of this agreement within the applicable statute of limitations.

Indemnification. By using the Website and the WelcomeLink Services, to the fullest extent permitted by applicable law, you agree to indemnify and hold WelcomeLink harmless from and against any and all damages, losses, and expenses of any kind (including reasonable attorney fees and dispute costs) arising out of: (1) your breach of these Terms of Use; (2) the accuracy, cost, and completeness of the Order Information; (3) any activity in which you engage on or through the Website; and (4) your violation of any law or the rights of a third party. This indemnification obligation includes an obligation to pay WelcomeLink’ attorney fees and costs incurred in any action between you and WelcomeLink and in any action brought by a third party against WelcomeLink based on your actions or omissions.

Injunctive Relief. WelcomeLink’ rights with regard to these Terms of Use are special and unique and you agree that any breach hereof may not be adequately compensated by money damages, and that WelcomeLink has the right to injunctive relief where appropriate.

Specific Performance. By using the Website and the WelcomeLink Services, to the fullest extent permitted by applicable law, you agree that, in the event of any breach or threatened breach of this Agreement by you of any covenant, obligation or other provision set forth in this Agreement for the benefit WelcomeLink, WelcomeLink shall be entitled (in addition to any other remedy that may be available to it) to (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision, and (ii) an injunction restraining such breach or threatened breach.

Disclaimer of Warranties. WelcomeLink ENDEAVORS TO PROVIDE THE BEST INFORMATION POSSIBLE, BUT YOU UNDERSTAND AND ACKNOWLEDGE THAT THE WEBSITE AND WelcomeLink SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, AS IT CONCERNS ITS ACCURACY OR COMPLETENESS. YOU USE THE WEBSITE AND/OR WelcomeLink SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WelcomeLink MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WelcomeLink DOES NOT WARRANT THAT THE WEBSITE OR WelcomeLink SERVICES WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WelcomeLink MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR INFORMATION OFFERED BY A THIRD PARTY ON OR THROUGH THE WEBSITE OR WelcomeLink SERVICES OR ANY HYPERLINKED WEBSITE. YOU UNDERSTAND AND AGREE THAT WelcomeLink IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF APPLICATIONS OR PRODUCTS OR INFORMATION THAT IS MADE AVAILABLE ON OR THROUGH THE WEBSITE OR WelcomeLink SERVICES. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM WelcomeLink SHALL CREATE ANY WARRANTY BY US OR FIDUCIARY RELATIONSHIP BETWEEN US. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, WelcomeLink AND ITS OFFICERS, OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, AND/OR LICENSORS WILL IN NO EVENT BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR WelcomeLink SERVICES OR PROCESS THE ORDER INFORMATION, OR THE COST TO YOU OF DIRECTLY OR INDIRECTLY USING THE WEBSITE AND/OR WelcomeLink SERVICES AND/OR PROVIDING THE ORDER INFORMATION, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WelcomeLink HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ALL CLAIMS RELATING TO THE WEBSITE, ORDER INFORMATION, WelcomeLink SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MUST BE TIED WITH PARTICULARITY TO A SPECIFIC ORDER, AND IN NO EVENT SHALL WelcomeLink BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN THE FEES AND COSTS PAID BY YOU TO WelcomeLink FOR THE SPECIFIC ORDER AT ISSUE. FURTHER, THE AGGREGATE LIABILITY OF WelcomeLink FOR ANY AND ALL CLAIMS RELATING TO THE WEBSITE, ORDER INFORMATION, WelcomeLink SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT IS LIMITED TO NO MORE THAN THE AMOUNTS PAID BY YOU TO WelcomeLink DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

WHILE WelcomeLink ACCEPTS NO RESPONSIBILITY FOR THIRD-PARTY APPLICATIONS, THIRD-PARTY LINKS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD-PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO WelcomeLink OR ITS PROCESSING PARTNERS, FOR ANY AND ALL PROBLEMS, COSTS OR DISSATISFACTION WITH THE WEBSITE AND/OR WelcomeLink SERVICES, IS TO UNINSTALL AND DELETE ANY INFORMATION PROVIDED BY WelcomeLink AND TO STOP USING THE WEBSITE AND/OR SUCH INFORMATION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, WelcomeLink’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND ($1,000.00) U.S. DOLLARS.

WelcomeLink shall not be required to correct any act, error, or omission, or to give any notice to you or any other party of any act, error, or omission or any correction thereof. WelcomeLink further assumes no liability for production errors or delays caused by shipping strikes, work stoppages, fire, acts of God, natural disasters, epidemics, weather emergencies, and misconduct by third parties, your actions or other events beyond its control. WelcomeLink agrees to use its commercially reasonable efforts to ensure that all Order Information submitted to it under the Website is processed on time and without error: however, errors, omissions, delays or other mishaps may sometimes occur. WelcomeLink has set prices and accepts business exclusively upon the condition that it has no liability in such a case, except as expressly provided herein.

In addition to the limitations above, WelcomeLink will in no event be liable for any loss or damage resulting from: (1) any failure of or damage to electronic or mechanical equipment or communication lines, including but not limited to computer systems and all computer system components; (2) telephone or other interconnect problems; (3) utility failures or outages; (4) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (5) the failure or unavailability of Internet access; (6) problems with Internet service providers or other equipment or services relating to your computer or network; (7) problems with intermediate computer or communications networks or facilities; (8) problems with data transmission facilities or your telephone, cable, or wireless service; (9) unauthorized access to, or theft, misappropriation, or any other use of, any text, data, or other information contained in or related to any Order Information submitted through or processed in connection with this Website; or (10) operator errors, severe weather, earthquakes, or other natural disasters or labor disputes. WelcomeLink also is not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the Website or the WelcomeLink Services.

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

Payment. The charge for the WelcomeLink Services is an authorized charge and its validity is not disputable. Any refund requests will be evaluated in accordance with the Agreements between you and us and applicable federal and state law.

Titles; Modification; Severability; Survival of Terms. The titles and subtitles at the beginnings of the sections of these Terms of Use are for identification purposes and shall not affect the interpretation or construction these Terms of Use. WelcomeLink may modify these Terms of Use, at any time, by providing notice on the Website. By choosing to continue to use or access the Website after WelcomeLink has posted notice of such modifications, alterations or updates, you agree to be bound by such revised terms. Unless otherwise stated in these Terms of Use, should any provision of these Terms of Use be held invalid or unenforceable for any reason or to any extent, it shall be adjusted so as to best reflect the intent of the parties to the maximum extent possible, and the remainder of these Terms of Use shall be valid and enforceable to the maximum extent permitted by law. These Terms of Use, the Registration, the Privacy Policy and any agreement you enter into with WelcomeLink when submitting an order or upload information or data (a “Submission Agreement”) shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of these Terms of Use shall control over the Registration, the Privacy Policy and the Submission Agreements.

Entire Agreement. The WelcomeLink Terms and Conditions, these Terms of Use, the Registration, the Privacy Policy and the Submission Agreements (and any click-wrap agreements to which you have assented on the Website), constitute the complete and exclusive agreement between you and WelcomeLink with respect to use of the Website and WelcomeLink Services and supersede any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between you and WelcomeLink concerning the use of the Website and WelcomeLink Services. For clarity, the WelcomeLink Terms and Conditions, these Terms of Use, the Registration, the Privacy Policy and the Submission Agreements (and any click-wrap agreements to which User has assented on the Website) may not be superseded by or interpreted by any separate agreement. No attempt by you to alter, modify, waive, supplement or append additional terms to the WelcomeLink Terms and Conditions, these Terms of Use, the Registration, the Privacy Policy and/or any Submission Agreements and any agreements that have been physically signed by you and WelcomeLink (and/or any click-wrap agreements to which User has assented on the Website), whether through Order Information, forms, documents, legends, signatures or other writing or content in any form that is added, uploaded or submitted by you or any third party (an “Attempted Alteration”), shall be effective or have any legal significance whatsoever, regardless whether such Attempted Alteration is retained, allowed, accepted and/or reproduced through the Website and WelcomeLink Services; provided, however, that any such attempt by you to alter, modify, waive, supplement or append additional terms to this Agreement shall automatically, without any notice or action on our part, cause the WelcomeLink Services and any Documents or other materials produced for you or on your behalf to be deemed to be ineffective and void for all purposes.

For the avoidance of doubt, except with regard to representations specifically set forth in the WelcomeLink Terms and Conditions, these Terms of Use, the Registration, the Privacy Policy and the Submission Agreements (and any click-wrap agreements to which User has assented on the Website), you expressly and unconditionally waive any claim, under the law of any jurisdiction, for fraud in the inducement with respect to the WelcomeLink Terms and Conditions, these Terms of Use, the Registration, the Privacy Policy, and the Submission Agreements (and any click-wrap agreements to which User has assented on the Website) or any other species of fraud, irregularity, or mistake that otherwise would allow you to set aside or rescind these Terms of Use.

In the event of a conflict between the WelcomeLink Terms and Conditions, these Terms of Use, the Privacy Policy, any other click-wrap agreements to which you have assented on this Website, the Registration, the Submission Agreements and any binding written agreements that have been physically signed by both you 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 you and WelcomeLink, (2) the WelcomeLink Terms and Conditions, (3) the Registration, (4) any Submission Agreements, (5) any click-wrap agreements to which you have assented on this Website, and (6) these Terms of Use and the Privacy Policy.

Waiver. Any failure by WelcomeLink to enforce these Terms of Use or any provision thereof shall not waive its right to do so.

Governing Law; Jurisdiction. These Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Delaware, United States of America, without regard to conflicts of law principles. Further, you agree to the jurisdiction of the state and federal courts situated in Johnson County, Kansas and Wyandotte County, Kansas to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms of Use (and any non-contractual disputes/claims relating to or arising in connection with them). You waive any affirmative defense of lack of personal jurisdiction or forum non conveniens in any court sitting in Johnson County, Kansas or Wyandotte County, Kansas.

Notices. Except as expressly provided elsewhere in this Agreement, any and all notices hereunder (“Notice”) shall be effective only if in writing and delivered by certified mail or a nationally recognized overnight delivery service (in each case, signature required), or in the event that WelcomeLink does not have a physical address on file for you, it may send written notice to you by electronic mail. Notices will be treated for all purposes as being effective only upon receipt. WelcomeLink’ address for Notice is: Office of General Counsel, Uhlig LLC 8455 Lenexa Drive, Overland Park, KS 66214.

Age Requirement. To obtain a Registration, use the Website or WelcomeLink 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), you are not authorized to use the Website or Services.

Amendment of Terms of Use. WelcomeLink may amend the Terms of Use at any time, at WelcomeLink’ sole discretion, without notice. You have responsibility for periodically reviewing the Terms of Use posted on the Website. Use of the WelcomeLink Services or the Website constitutes acceptance of the Terms of Use including any amendments thereto. In no event shall any action or inaction on your part modify the terms or enforceability of these Terms of Use nor function as a waiver of your obligations hereunder.

No Class Or Representative Proceedings; Class Action Waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST WelcomeLink ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

No judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. You may not bring or seek to bring an action in court in a class or representative capacity and expressly waive any right you otherwise may have to do so. The judge may award injunctive relief only in favor of a party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Notice and Process. If you intend to file suit against WelcomeLink, you must first send a Notice which must (1) describe the nature and basis of the claim or dispute; (2) the order to which it relates; and (3) set forth the specific relief sought. WelcomeLink will use commercially reasonable efforts to resolve the claim directly, but if it does not reach an agreement to do so within thirty days after the Notice is effective, you or WelcomeLink may commence a proceeding.

Enforceability. The exclusive jurisdiction and venue described in these Terms of Use shall govern any claim in court arising out of or related to the Terms of Use, the Registration, any Submission Agreements or the Privacy Policy.