- Access and Use
- Fees and Payments
- Mobile Applications
- Email and SMS
- Third Parties
- Intellectual Property
- DMCA Notices
- Liability Disclaimer
WorldWest may amend or change any of the terms of this Agreement at any time by notifying you of the change in writing or electronically (including by email or by posting a notice on the Website). The changes also will appear in this Agreement, which you can access at any time on the Website. All changes and amendments to this Agreement automatically go into effect on the day after they are posted on the Website. Your use of the Website or any Services subsequent to such posting shall constitute your agreement to all such amendments.
Please read this Agreement in its entirety. WorldWest encourages an open exchange of information and ideas and believes it is absolutely possible for people with varied points of view to discuss issues in a civil manner. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE WEBSITE. WORLDWEST MAY TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE TO YOU.
Except as otherwise provided in this Agreement, all materials displayed on the Website, including but not limited to text, photographs, images, illustrations, data, graphics or other content ("Materials") are owned by WorldWest or its licensors or affiliates, and are protected by copyright, trademark and other laws. When you view or use these Materials, they are provided to you by WorldWest under a revocable license on the terms and conditions set forth herein. WorldWest retains full right and title in and to the Materials. You may not copy, publish, redistribute or sell any of the Materials, nor may you reverse engineer, disassemble or otherwise convert such Materials to any other form. You acquire no rights or license whatsoever in the Materials.
By providing Materials on and Services through the Website, WorldWest does not promise that the Materials and/or Services will remain available to you. WorldWest is entitled to terminate all or any portion of the Website and/or Services at any time, without notice to you. WorldWest also reserves the right to change the terms under which the Website and Services are offered, and your use or continued use of the Website and Services following any such changes shall be deemed to constitute your consent to this Agreement and its modifications.
You will not use the Website in any manner, or in connection with any User-Generated Content (as defined below in the Intellectual Property Policy) provided by or on behalf of you or any person accessing a Website under your authority, that (1) infringes or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation or ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.
You may not do anything to interfere or attempt to interfere with any function of the Website. You may not take any action that overloads, places an unreasonable burden on or otherwise diminishes the functionality or responsiveness of the Website, which WorldWest shall solely determine. Any attempt to alter information posted on a Website or to interfere with the Website will result in immediate termination of your right to access the Website and may also render you liable for civil and/or criminal penalties.
Access and Use of the Website
To gain access to any nonpublic areas of the Website and/or to use certain tools available on the Website, you must register for an account ("Account") and obtain a user name ("User Name"). You agree to register only a single User Name in connection with the Website. Each Account and User Name is for a single user only. You are not allowed to share your Account and User Name or give your login credentials to anyone else. WorldWest may cancel or suspend your access to the Website and Services if you share your Account and/or User Name.
Once WorldWest has issued a User Name for your Account, you may, to the extent allowed on the Website, set up a member profile ("Profile"). User Names and Profiles may not contain inappropriate or obscene words, phrases, or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. WorldWest is the sole judge of whether a User Name or Profile information is inappropriate or objectionable. "Inappropriate" and "objectionable" language includes, but is not limited to obscene, defamatory, racial or profane words, phrases or combinations of characters. Your User Name and Profile may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any third party with which you are not, in fact, affiliated. Although your User Name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and right to access the nonpublic areas of the Website. You must use a password in conjunction with your User Name to access the nonpublic areas of the Website, including your Account, and to use certain tools available on the Website. You may select the password yourself. You must provide accurate identification to retrieve a password you have forgotten. WorldWest will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password.
At any time and at its sole discretion, WorldWest can remove any User-Generated Content (as defined below in the Intellectual Property Policy) that it deems objectionable, including, but not limited to, User-Generated Content that is racist, sexist, potentially libelous, defamatory, malicious, profane, copyright protected or otherwise containing third-party intellectual property, off-topic, disrespectful or threatening to other users, consists of inflammatory attacks of a personal nature, factually incorrect, used to identify users, incendiary to violence or other criminal activity or commercial advertisements. In addition to removing your objectionable User-Generated Content, WorldWest also may ban or suspend you from accessing the Website. If WorldWest bans you from the Website, for any reason, at WorldWest’s sole discretion, you may not return to the Website under any circumstances and you may not register under a different User Name and/or Account. If you return to the Website or attempt to return to the Website after WorldWest has banned you from access, you will be deemed to have breached this Agreement, and WorldWest reserves the right to pursue all rights and remedies available to it at law or in equity with respect to such breach.
Fees and Payment
You agree to pay the fees and any other charges for access to the Website and any Services incurred in connection with your Account and User Name (including any applicable taxes) at the rates in effect when the charges were incurred, including, but not limited to charges for any digital products or services offered for sale through the Website by WorldWest or by any other vendor or service provider ("Fees"). At any time, WorldWest may change the Fees then in effect, or add new Fees or charges, by giving you notice by email or by posting a notice on the Website. All new Fees, if any, will be posted prominently on the Website and in other appropriate locations on the Website. You will not be charged for access to the Website or any Services unless we have provided advance notice to you. Thus, if at any time we require a Fee for access to or use of portions of the Website and/or Services that are currently free, we will give you notice of such Fees. All Fees shall be billed to and paid for by you. You shall pay all applicable taxes relating to your use of the Website and Services through your Account.
If you download any mobile application to access our Website, Services or any Website content, WorldWest may provide you with temporary, no-charge access to certain subscriber-only content. In that case, some or all of the "Fees and Payments" terms above may not apply to you. By downloading mobile applications to access our Website, Services or any Website content, you give WorldWest the right to access personal information associated with your mobile device, such as your current location and user preferences, so that WorldWest may send relevant information to you. WorldWest will not provide your personal information to third parties (this excludes WorldWest’s affiliates and partners). Your subscriber or service agreement for the mobile service through which you downloaded the mobile application(s) will apply to the extent that it does not conflict with this Agreement. For any mobile application that you download that is provided by or through a third party, some or all of the "Fees and Payments" terms above may not apply to you. Please contact the mobile application service provider or our Customer Service department for details.
Email and SMS
From time to time, WorldWest may make available to Website users different email and short messaging service ("SMS") alerts ("Alerts"). WorldWest makes no warranty about the accuracy or completeness of Alerts and users should treat Alerts only as a secondary source of information in any severe weather or similar situation.
We will not provide your email address to a third party (this excludes WorldWest’s affiliates and partners) without your permission, nor do we spam our users. We may send you updates about your account, invite you to participate in surveys or contests, or send you occasional marketing material. You understand that by providing your email address to WorldWest, you consent to receive such email communications from WorldWest and/or its affiliates and partners. All such emails will provide you the opportunity to unsubscribe or opt out of any such emails in the future. Inquiries about this policy should be directed to email@example.com.
Really Simple Syndication ("RSS") Feeds
By accessing WorldWest’s RSS feeds, you also agree to the following additional terms and conditions. If you do not agree to all of the following terms and conditions, do not access WorldWest’s RSS feeds.
The RSS feeds are provided solely for the purpose of allowing users to view headlines from the Website within news readers, blogs and the like for their personal, noncommercial use. Any other use of the RSS feeds is strictly prohibited. WorldWest reserves the right to terminate your access to the RSS feeds, cease its distribution of any or all of the RSS feeds and/or change RSS feed content and formatting at any time, at its sole discretion, and without notice to you.
WorldWest retains all rights in the RSS feeds, including all rights under copyright. You may not edit or modify the text, content or links supplied in the RSS feeds. You may not display the RSS feeds in any manner that does not permit direct linking to, redirection to or delivery of the applicable Website page. You may not frame or otherwise control the browser window, if any, in which the Website page opens, nor may you insert any links, jump pages or other intermediate pages between the RSS link and the applicable Website page. You may not add any content, including any advertisements or other promotional content, to the RSS feeds.
The Websites and Services that WorldWest offers may be operated or provided in part or in whole by third parties, which may have separate terms of service of their own. By accessing or using the third-party websites or services, you agree to be bound to the terms of service of any third party or affiliate. WorldWest may offer social networking tools that may include "befriending" other users, updating Profile information, posting comments on other users' Profiles and identifying Website content or User-Generated Content (as defined below in the Intellectual Property Policy) as something of interest to a particular user. When you take advantage of the social networking tools, you agree to share personal information with other users. WorldWest provides privacy tools within its social networking framework to enable users to control the types of this personal information that are shared with other users. If you post User-Generated Content to the Website that includes your User Name, email address or any other personally identifying information, you understand that that information can be read by and is available to any third party and may result in unsolicited messages from other posters or third parties.
Privacy and Use of Your Information
Any communication or material you transmit to the Website by electronic mail or otherwise, including any User-Generated Content (as defined below in the Intellectual Property Policy), is and will be treated as nonconfidential and nonproprietary. Anything you transmit or post on the Website may be used by WorldWest or its affiliates and partners for any purpose, including but not limited to reproduction, disclosure, transmission, publication and posting. Furthermore, you understand and acknowledge that WorldWest is free to use any ideas, concepts or techniques contained in any communication you send to the Website for any purpose whatsoever.
WorldWest makes commercially reasonable efforts to safeguard individual Website users’ personal Information. Nevertheless, WorldWest cannot ensure that these measures will provide perfect security. WorldWest will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your Information.
Your use of the Website constitutes your agreement to respect other users’ privacy. You may not, under any circumstances, release personal Information of others to third parties, including to your employees, without the written consent of both WorldWest and the person or persons whose personal Information you intend to share. You may not, under any circumstances, use personal Information obtained from the Website to send unsolicited email, facsimile transmissions, chain letters, spam or any other communication or messages, even if the recipient has communicated with you in the past. You agree to immediately notify WorldWest of any release or breach of any third party’s personal Information (including name, address, phone numbers, email addresses, account numbers or Social Security number) that occurs as a result of use of a Website under your Account.
WorldWest gathers identifying Information about Website users ("Information") when a user provides that Information on a voluntary basis such as by registering for or using an Account, Alerts, RSS feeds, by posting User-Generated Content (as defined below in the Intellectual Property Policy), downloading mobile applications to access a Website or Services, by using social networking tools and the like. WorldWest reserves the right to collect Information about Website users through any other lawful means in its sole discretion. WorldWest does not provide Information it collects to third parties (this excludes WorldWests’s affiliates and partners) without permission from the user. If you choose to use tools available on the Website, your favorites or other profile Information may be shared with other Website users who also use those tools.
WorldWest periodically collects and analyzes log files, including IP addresses, from its servers. These files give a general picture of who is visiting the Website and which pages are being viewed most often. This Information is collected to assist WorldWest in the maintenance and administration of the Website. WorldWest may share log file Information with advertisers, but will refer only to general, aggregate usage data, not user-specific personally identifying Information.
The Website will disclose your personal Information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on WorldWest or the Website; (b) protect and defend the rights or property of WorldWest; or (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public. Except as noted above, WorldWest does not share any of the personal Information you provide to us with any third party other than our service providers who assist us in providing Information and/or Services to you.
WorldWest also uses "cookie" technology that allows its servers to deposit code on a user’s computer. This Information helps determine the number of visitors to the Website on an ongoing basis and the types of Internet browsers and operating systems used by the Website’s users. This Information is used to enhance your Website experience. Cookies may also be used as part of an Online Behavioral Advertising program, and/or as part of multisite advertising. Cookies and other similar forms of Internet activity trafficking may be used to select the advertisements that are displayed to you, so that you see advertising that is most relevant to you. We also may use the cookies to track what you do on our Website, including gathering click stream Information, your browser type, the time and date of your visit, and the subject of advertisements clicked on or scrolled over. Any data we collect, for example, in connection with an Online Behavioral Advertising program, will be used only in a way that cannot be identified with you personally. To learn more about Online Behavioral Advertising programs, visit this link: http://www.networkadvertising.org/understanding-online-advertising
Process to Remove Your Personal Information
Most of WorldWest’s Services include Information on how to remove your Information, and/or cancel a particular WorldWest Service. We do not generally delete or remove Accounts. Alternatively, you may send an email to firstname.lastname@example.org to request the Services and Information you would like to have removed. For removal of content, your request should include the specific reasons for the requested removal. WorldWest reserves the right to decline requests for removal of Information based on maintaining the historical and archival nature of the Website.
The Website’s Explore sites provide information about local businesses, vendors, products and services. You may not copy or otherwise use any information on Explore for any purpose other than your own personal, noncommercial use. WorldWest makes no warranty about the accuracy or completeness of the information provided through the Marketplace.
WorldWest may host or facilitate various contests. Each contest will have its own specific rules and conditions. By choosing to enter a contest, you agree to be bound by the contest rules.
Contests are void where prohibited by law. No purchase is necessary to enter a contest.
Contests may not be used for gambling. If it is determined that you are using a contest for gambling purposes, you will be disqualified and may be reported to authorities.
By entering a contest and/or accepting a prize, you assume all risk. You agree to release and indemnify WorldWest and all other contest sponsors and affiliates, their parent and subsidiary companies, their officers, directors, employees, agents, shareholders, affiliates, suppliers, distributors and advertising agencies from all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property that may be sustained in connection with your participation in a contest and/or receipt, ownership or use of a prize.
WorldWest and contest sponsors or affiliates are not responsible for any monetary charges that you incur by participating in a contest or by accepting or using a prize in any aspect. Contest winners are responsible for all federal, state and local taxes.
WorldWest and contest sponsors and/or affiliates are not responsible for Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God.
WorldWest reserves the right to use any and all information related to a contest, including information on contestants obtained through the contest, for marketing purposes or any other purpose, unless prohibited by law. By entering a contest, you agree to allow your name and/or image to be used in marketing or promotional material relating to the contest.
WorldWest reserves the right to alter, end, amend or change any aspect of any contest at any time, including altering or not awarding a prize, at our sole discretion and without notice.
INTELLECTUAL PROPERTY POLICY
Sharing Content and Information on the Website
You hereby grant to WorldWest an irrevocable license to reproduce, distribute, display, publish, use and prepare derivatives of all remarks, comments, blog posts, suggestions, ideas, photos, images, videos, audio files or other information that you communicate through or on the Website or through your use of any Service, including, but not limited to, communications through mobile devices and mobile applications ("User-Generated Content"). You acknowledge and agree that WorldWest may edit, remove, modify, publish, transmit and/or display your User-Generated Content and you waive any rights you may have in having such User-Generated Content being removed, altered or changed in a manner not agreeable to you. WorldWest and its designees will be free to copy, publish, disclose, distribute, incorporate, store, transmit and otherwise use your User-Generated Content for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the User-Generated Content. If you delete your User-Generated Content, you understand that it may still exist in backup copies. When you publish User-Generated Content on the Website, you understand that such User-Generated Content may be publicly available on the Internet and that WorldWest has no responsibility for or control over any use or further dissemination thereof.
For all User-Generated Content that you supply, you represent and warrant that: (i) you have all rights necessary to distribute and publish such User-Generated Content; (ii) that if your employer has rights to intellectual property you create, that you have either (a) received permission from your employer to post or make available the content, or (b) secured from your employer a waiver as to all rights in or to the content; (iii) you have fully complied with any third-party licenses relating to the content; (iv) that it does not contain or install any viruses, worms, Trojan horses or any other harmful or destructive code; (v) that it is not and does not contain spam, is not machine- or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (vi) that it is not libelous or defamatory, does not contain threats or incite violence toward individuals or entities, and does not violate the privacy or publicity rights of any third party; and (vii) that it does not contain any false statements. You agree to defend, indemnify and hold harmless WorldWest from any liability that it may incur as a result of your User-Generated Content.
If you believe that any User-Generated Content is in violation of this Agreement, you are encouraged to click the "Remove" button for the relevant post or posts. WorldWest has the ability to remove objectionable User-Generated Content and will make reasonable efforts to do so.
Other than as expressly allowed herein, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer, or sell any information, User-Generated Content (other than User-Generated Content supplied by you) or Materials obtained from the Website. Provided that you do not modify or delete any copyright or other proprietary notices, you may display and electronically copy, download and print hard copy portions of the Materials and User-Generated Content contained on the Website, but only for your own personal, noncommercial use. Any other use is strictly prohibited.
Except for your own User-Generated Content, you acknowledge that WorldWest, its licensors, affiliates, other Website users and third-party developers exclusively own all intellectual property and other associated legal rights in and to the Materials and User-Generated Content residing on the Website. The trademarks, logos and service marks displayed on the Website, including but not limited to the marks "Steamboat Today," "Steamboat Pilot & Today," "Payson Roundup," "Craig Daily Press" and "Explore Steamboat" (collectively, "Marks"), are owned by WorldWest or its affiliates. Nothing contained on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website without the express written permission of WorldWest. The misuse of Marks displayed on the Website, or any other content on the Website, is strictly prohibited.
Although WorldWest may from time to time monitor or review any User-Generated Content, WorldWest is under no obligation to do so and assumes no responsibility or liability arising from the posting of any User-Generated Content, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within any User-Generated Content. WorldWest does, however, reserve the right to remove any User-Generated Content if a user brings to WorldWest’s attention the possibility that such User-Generated Content may result in WorldWest’s liability, is an infringement of the rights of a third party, or is offensive to any third party.
Some Websites allow you to upload an avatar image to your Profile. You must own the copyright or have the express permission of the copyright owner to use the relevant avatar image. Avatar images must not be objectionable. If the avatar image does not meet those standards or is otherwise a violation of copyright or any term of this Agreement, as determined solely by WorldWest, WorldWest may remove such avatar image without notice to you. Further, if you want to upload a new avatar image after such an image has been removed, you must contact WorldWest and request that avatar privileges be restored.
WorldWest has adopted the following general policy for copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act ("DMCA") (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). WorldWest will respond to notices of this form from jurisdictions outside the U.S. The address of WorldWest’s Designated Agent to Receive Notifications of Claimed Infringement ("Designated Agent") is listed below.
Suzanne Schlicht, WorldWest Limited Liability Company, Chief Operating Officer, Email: email@example.com. Mailing address: 609 New Hampshire, PO Box 688, Lawrence, KS 66044.
WorldWest may respond to a proper notice by (i) removing or disabling access to any Materials or User-Generated Content claimed to be subject of infringing activity; and (ii) removing and discontinuing Services and access to the Website to repeat offenders. If WorldWest removes or disables a Website user’s access in response to such a notice, WorldWest will make a good-faith attempt to contact the allegedly infringing user so that such user may submit a counter notification.
Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that any Materials or User-Generated Content on the Website are infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). If you are not sure whether the Materials or User-Generated Content infringe upon your intellectual property, please contact an attorney before contacting WorldWest.
If you believe that any Materials or User-Generated Content residing on or accessible through the Website infringe a copyright or other intellectual property right, to provide WorldWest of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above ("Infringement Notification"). Your notice must specify the type of infringement and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed (by fax or regular mail – not by email, except by prior agreement);
- Identification in sufficient detail of the material being infringed, including the relevant patent, copyright or trademark registration number;
- Identification of the Materials or User-Generated Content that are claimed to be infringing the identified intellectual property. Include information regarding the location of the infringing Materials or User-Generated Content with sufficient detail so that WorldWest is capable of finding and verifying its existence;
- Contact information about the notifier, including the name of the intellectual property owner, the name and title of the person contacting WorldWest on the owner's behalf, the address, telephone number and, if available, email address;
- A statement that the notifier has a good-faith belief that the Materials or User-Generated Content is not authorized by the intellectual property or copyright owner, its agent or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing allegedly infringing Materials or User-Generated Content from the Website, WorldWest will make reasonable attempts to inform the Website user of the removal, the reason for the removal, and may provide the Website user with a copy of the notice and the notifying party’s contact information.
Removal of Allegedly Infringing Material
Once a proper Infringement Notification is received by the Designated Agent, WorldWest may remove or disable access to the Materials or User-Generated Content infringing the identified intellectual property. If WorldWest removes or disables access to any Materials or User-Generated Content in response to an infringement notice, WorldWest will make reasonable attempts to notify the Website user that WorldWest has removed or disabled access to the Materials or User-Generated Content. Repeat offenders will have all User-Generated Content removed from the Website and WorldWest will terminate such users’ access to the Website.
Procedure to Submit a Copyright Counter-Notice to the Designated Agent
If you materially misrepresent that your User-Generated Content is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether your User-Generated Content infringes the identified intellectual property, please contact an attorney before contacting WorldWest.
If you believe that your User-Generated Content that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post the User-Generated Content at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.
- Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
- Identification of the User-Generated Content that has been removed or to which access has been disabled and the location at which the User-Generated Content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good-faith belief that the Submission was removed or disabled as a result of mistake or misidentification of the Submission;
- Your name, address, telephone number, and, if available, email address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining User’s address is located, or if your address is located outside the United States, for any judicial district in which WorldWest is located, and that you will accept service of process from the complaining User who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, WorldWest may send a copy of the counter-notice to the original complaining party informing that person that WorldWest may replace the removed User-Generated Content or cease disabling it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the allegedly infringing Website user, the removed User-Generated Content may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at WorldWest’s discretion.
Please contact WorldWest’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:
Suzanne Schlicht, WorldWest Limited Liability Company, Chief Operating Officer, Email: firstname.lastname@example.org. Mailing address: 609 New Hampshire, PO Box 688, Lawrence, KS 66044.LIABILITY DISCLAIMER
DISCLAIMER OF WARRANTIES AND LIABILITY WORLDWEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY MATERIALS, USER-GENERATED CONTENT, ALERTS, RSS FEEDS, PRODUCTS OR SERVICES OF WORLDWEST OR ITS VENDORS, AFFILIATES, LICENSORS OR USERS. THE WEBSITE AND THE MATERIALS, USER-GENERATED CONTENT, ALERTS, RSS FEEDS, INFORMATION, SERVICES AND PRODUCTS ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, GRAPHICS AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WORLDWEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WORLDWEST DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORLDWEST DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS, USER-GENERATED CONTENT, ALERTS, RSS FEEDS ON THE WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT WORLDWEST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WORLDWEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WORLDWEST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, USER-GENERATED CONTENT, ALERTS OR RSS FEEDS AVAILABLE FROM THE WEBSITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless WorldWest, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement, your User-Generated Content or any activity related to your Account or your use of the Website or any Services (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website using your Account. The Website may provide links or other access to other websites. WorldWest does not control any such websites, and you access them solely at your own risk. WorldWest also does not endorse or approve any products or information offered at or from websites you reach through the Website. Check the Uniform Resource Locator (URL) address provided in your Internet browser to determine if you are still on the WorldWest Website or have moved to another website.
WorldWest controls and operates the Website and provides the Services from its headquarters in Kansas. WorldWest does not warrant that the Website, Material and/or Services are appropriate for use outside of the United States. You may not export the Materials or Services on the Website in violation of U.S. export laws. Any claim relating to the Website shall be governed by the substantive laws of the State of Kansas, without regard to its conflict of laws or provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Douglas County, Kansas or the United States District Court for the District of Kansas located in Kansas City, Kansas.