Terms & Conditions
Terms and Conditions of Service Usage and Information Agreement
In order to maintain the quality of our services to all our customers WiSCNet and WiFi Services Caribbean, Inc (THE PROVIDER) we offer our Internet, HotSpot and VOIP services under the following payment policies, terms and condition of use.
I. PAYMENT POLICIES
Payment in Advance: The Initial setup fee and payment for the term of service be made in advance of the creation of the account. Setup/Installation fees are non refundable.
Monthly Processing Schedule: All accounts are due on the 25th of each month prior to the month of service. Email reminder notices are sent to all users, to your primary username email address by default. If you would like to have your reminders messages sent to another address, please update this information by emailing our Customer Service department. Accounts that are billed to preauthorized credit/debit cards or debited electronically from a checking account are processed around the 20th of each month, to ensure we have time to contact you by email in the event there is an error processing your payment.
Customers are responsible for monthly remittance of their service fees regardless of errors in transport of a standard post office or email delivered invoice. We expect all subscribers to be aware of their term of service and to pay when due, even in the event of a lost email or postal service mailing.
Forms of Payment: Payment for services can be made with VISA, Master Card, Discover and American Express credit/debit cards. We also accept Money Orders, and business or personal checks. Cash is accepted via personal delivery only.
Due Date: Accounts are due on the 25th of each month prior to the month of service. Any setup fee, prorated fee (service started mid billing cycle), past due amounts, the current month, and any late fees of the billing cycle are due no later than 5:00 PM (Atlantic Time) on the last day of each month to avoid automatic suspension.
Suspended Account Policy: If the full amount due is not received by 5:00 PM (Atlantic Time) on the last day of each month, service will be suspended.
Billing Discrepancies Policy: Any discrepancies with the billing must be presented in writing, or submitted by email within 30 days. Such notification shall NOT relieve the obligation to make all payments included amounts disputed by the due date. We keep accurate records, but mistakes can happen. If a mistake is determined, we will make it right.
Account Accuracy Policy: Each subscriber is expected to maintain accurate records with our service. Please inform our staff of any changes in your account or payment status, including renewal of your credit/debit card.
Returned Check Policy: All checks returned by a subscriber's bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to your account. After receiving a returned check from a subscriber, we may require that all future payments be made by credit card, money order or cashier's check. This includes electronic check payments.
Cancellation Policy: Although we would like you to remain a customer forever, we realize that there are situations, which you may want to cancel your service. All cancellations requests may be submitted by email or by calling Customer Service. Cancellation requests MUST be received prior to the beginning of the next billing cycle. If your account is set up for automatic payment, cancellation requests must be received before the 15th of the month to avoid additional charges to your account.
NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice.
Refund Policy: There are no refunds for your account setup fee, the current month's or any previous month's membership. If you have prepaid for additional months of membership, you may be entitled to a refund for subsequent prepaid months.
Refund for paid ahead time will be refunded upon cancellation of account.
Termination Policy: We reserve the right to terminate accounts for not using an account in accordance with our terms and conditions, billing policies, privacy policies, or our Acceptable Use Policy also referred to as the EULA (End User License Agreement).
Accounts that are discovered which blatantly abuse our acceptable use policy regarding SPAM will be charged a $100/hourly network administrative fee and be terminated immediately.
Any terminated account must be paid in full before reactivation. Setup fees will also apply to accounts that expect to be recreated.
Your utilization of our services constitutes your express agreement to abide by our policies, and this Terms and Conditions of Service Usage and Information Agreement posted on this website, which may be changed from time-to-time, at our sole and absolute discretion.
II. RESTRICTIONS ON USE OF MATERIALS AND SERVICE
All materials contained in our content are the copyrighted property of their respective PROVIDERS, or its subsidiaries or affiliated companies and/or third party licensors. No material from the Service or any Internet Service owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, Intranet, extranet or other Service or computer environment is prohibited. All our trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to owner of each intellectual property, in the United States and other countries and may not be used by anyone for any purpose without our prior express written consent. Trademarks are valuable assets, and the owners take infringement of them seriously.
In addition to the other restrictions contained herein, you agree not to use the Service to:
(a) Transmit any material that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, and invasive of another's privacy, racially, ethnically or otherwise objectionable;
(b) Harm, or attempt to harm, minors in any way;
(c) Transmit any material either by email, uploading, posting or otherwise with intent to harass another, threatens or encourages bodily harm or destruction of property.
(d) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;
(e) Transmit any material that you do not have a right to make available under any law;
(f) Transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes" or any other form of solicitation or collect personal information without consent;
(h) "Hack" or otherwise attempt unauthorized access or spoofing of any other site or service.
(i) Use the Service for excessively high volume data transfers, hosting a web server, reselling the Service, denial of service attacks, or interference with any sites or services.
III. TYPE AND USE OF INFORMATION COLLECTED
We may automatically track, collect and compile User Information and Transaction Data (as defined below) when you utilize our Services. For purposes of this Agreement, the terms "User Information" and "Transaction Data" shall have the meanings set forth below and shall sometimes hereinafter be referred to collectively as the "Information":
(i) "User Information" shall mean information or data, including registration, enrollment and profile data provided by or obtained in connection with users prior to or after the date you accept the terms of this Agreement (the "Acceptance Date"), that identifies users of the Service.
(ii) "Transaction Data" shall mean information and data characterizing, describing, relating to, or comprising use of, including transactions (e.g., the sale and purchase of goods and services) conducted in whole or in part over or through use of the Service, whether such transaction was completed prior to or after the Acceptance Date, including, without limitation, User Information relating to parties to any such transactions.
We may also automatically track and collect your IP address, domain server, the type of computer and type of web browser you are using and use "cookies" to (i) customize content specific to your interests, (ii) ensure that you do not see the same advertisement repeatedly and (iii) store your password so you do not have to re-enter it each time you use the Service. For more information about "cookies", please click here. [See Attachment 1]
By using the Service, you voluntarily, expressly and knowingly acknowledge and agree with all of the foregoing and further agree to each and all of the following: (I) such Information belongs to THE PROVIDER and is not personal or private proprietary information; (ii) such Information, wherever collected, may be processed, used, reproduced, modified, adapted, translated, used to create derivative works, shared, published and distributed by THE PROVIDER in its sole and absolute discretion in any media and manner irrevocably in perpetuity in any location throughout the universe without royalty or payment of any kind, without, however, any obligation by THE PROVIDER to do so; (iii) THE PROVIDER does not represent, warrant, or guaranty the Information or its processing, use, reproduction, modification, adaptation, translation, derivation, sharing, publishing or distribution, including without limitation the accuracy, reliability, security, or any other feature relating thereto or its processing, use, reproduction, modification, adaptation, translation, derivation, sharing, publishing or distribution; (iv) THE PROVIDER will try to provide you a way to review, correct or update the User Information you give THE PROVIDER directly, but cannot guaranty that such will be possible or that changes will be reflected throughout all uses of such Information; and (v) you represent and warrant that you have the right to give such Information to THE PROVIDER and that such Information is not libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law.
You hereby represent and warrant to THE PROVIDER that there are no agreements, either written or oral, between you and any party in which you grant or are granted exclusive ownership rights in and to the Information nor are there any agreements, either oral or written, between you and any party that would prohibit THE PROVIDER from asserting the ownership rights, or impair in any way THE PROVIDER 's ownership rights, in and to the Information as contemplated by this Agreement.
IV. FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part of the Service. If you participate in a Forum within the Service, if applicable, you must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law; (v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for commercial purposes of any kind other than to facilitate a transaction on the Service; (viii) post or distribute any software or other materials which contain a virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
V. CONTENT LINKED TO THE SERVICE
Links to other sites may be provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.
Please exercise discretion while using the Service and browsing the Internet and using the Service. You should be aware that when you are using the Service, you could be directed to other sites that are beyond our control. There are links to other sites from the Service web pages that take you outside of the Service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Service web page. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Service may send cookies to users that we do not control.
We reserve the right to disable links from any third party sites to the Service web pages.
We make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Service.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SERVICE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SERVICE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SERVICE, CONTENT AND MATERIALSAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL-NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Service that link to or from the Service and on the Internet. We cannot ensure that you will be satisfied with any products or services that you purchase from the Service or from a third-party site that links to or from the Service or third party content on the Service. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Service or by any technical or human error which may occur in the processing of any information related to the Service.
We may prohibit you from participating in or utilizing the Service if in our sole and absolute discretion you show a disregard for this Agreement or act in an un-sportsmanlike manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Service is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of THE PROVIDER which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Service, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any member, buyer or supplier (and all of your and their Information) from using the Service, and to cancel, terminate, modify or suspend the Service or any portion thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Service or any services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Service operating or not operating on computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our Service acts as the venue for suppliers to sell products and services (or, as appropriate, solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users, which is made available through the Service. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Service be current and accurate, we make no warranty or representation that descriptions of products in the Service are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Service is not as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SERVICE OR ANY WEB SITE LINKED TO OR AVAILABLE THROUGH THE SERVICE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICE, OR TO DENY ACCESS TO THE SERVICE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON OR THROUGH THE SERVICE.
Search and Directory are free services, which may be offered in connection with the Service. Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Service.
The Service may contain technical inaccuracies or typographical errors or omissions. THE PROVIDER is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hot spot rates) errors listed on our Service. THE PROVIDER reserves the right to make changes, corrections and/or improvements to the Service, and to the products and programs described in such information, at any time without notice.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our hot spots and each of our and their owners, partners, subsidiaries, affiliates, franchisees and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Service or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of THE PROVIDER or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
VIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE SERVICES OR FUNCTIONS OF THE SERVICE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SERVICE OR YOUR RELIANCE UPON, THE SERVICE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SERVICE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SERVICE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
BY UTILIZING THE SERVICE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SERVICE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SERVICE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SERVICE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SERVICE.
Because we are not involved in the actual transaction between buyers and suppliers, if applicable, in the event that you have a dispute with one or more users, you also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors and assigns, as applicable, hereby fully and forever releases and discharges the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or the Service. You also acknowledge that there is a possibility that subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Agreement. You acknowledge and agree that by reason of this Agreement, and the release contained in this section of this Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You have been advised of the existence of Section 1542 of the California Civil Code ("Section 1542"), which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. You knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law or rule of similar effect. In connection with such waiver and relinquishment, You acknowledges that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Agreement, and with the advice of counsel, fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel, understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.1
IX. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Service or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted through the Service. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Service without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
X. NO AGENCY
You and THE PROVIDER are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Service and destroying all materials obtained from any and all such Services and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Service may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Service and destroy all materials obtained from such Service and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Restrictions on Use of Materials; (ii) Use and Ownership of Information Collected; (iii) Submissions; (iv) Disclaimers; (v) Indemnification; (vi) Limitations on Liability; (vi) Release; (vii) Access and Interference; (viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x) No Agency; and (xi) Compliance with Laws.