TERMS AND CONDITIONS OF WEBSITE USE
OCTOBER 21, 2019
PLEASE READ THE TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THE SANDRASTERLINGWEICKER.COM WEBSITE (THE “WEB SITE”). ANY USE OF THIS WEBSITE OR THE MATERIALS OR ANY PORTION THEREOF OF THE WEBSITE SHALL BE GOVERNED BY THESE TERMS AND CONDITIONS OF USE. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL THESE TERMS AND CONDITIONS OF USE AND OUR PRIVACY STATEMENT. IF YOU DISAGREE OR DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE DO NOT USE OR ACCESS THIS WEBSITE. IN USING OUR WEBSITE, YOU ARE CONTRACTING WITH WRITE4U COMMUNICATIONS INC. FOR THE USE OF OUR SERVICES AND PRODUCTS MADE AVAILABLE UNDER THE DOMAIN NAME WWW.SANDRASTERLINGWEICKER.COM.
WRITE4U COMMUNICATIONS INC. (“WRITE4U”) RESERVES THE RIGHT AT ITS SOLE DISCRETION TO AMEND OR CHANGE THESE TERMS AND CONDITIONS AT ANY TIME AND SUCH AMENDMENTS OR CHANGES SHALL BE EFFECTIVE AS OF THE DATE IN WHICH THEY ARE POSTED ON THE WEBSITE. YOU AGREE TO BE BOUND BY SUCH AMENDMENTS AND CHANGES MADE FROM TIME TO TIME AND YOUR CONTINUED USE OF THE WEBSITE SHALL CONSTITUTE AGREEMENT TO BE BOUND BY THESE REVISED TERMS AND CONDITIONS OF USE.
- Purpose of the Website
The purpose of this Website is to allow you, as a user of this Website, to access our products and services. This Website is controlled and operated by Write4U Communications Inc. from their office within the Province of British Columbia, Canada. Write4U Communications Inc. makes no representation that the Website and Website Materials are appropriate or available for use in other locations. It is your responsibility to ensure that your use of the Website is in compliance with local laws and the extent to which local laws are applicable.
- Ownership of Website and Website Materials
The Website, its design, images, and content are owned, operated and are the exclusive property of Write4U and contain copyrighted material, trademarks, and other proprietary intellectual property. Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law as well as international copyright treaties and multilateral and bilateral agreements protect this Website. Unauthorized reproduction of it, or any portion of it, may result in severe civil and criminal law penalties. Write4U shall enforce these intellectual property rights to the fullest extent of the law.
- Right to Use Website and Website Materials
You, as a user of this Website and the Website Materials may use this Website and Website Materials for the sole purpose of accessing Write4U’s services and products. This right to use is a non-exclusive, world-wide license. The right to use the Website and Website Materials shall not constitute any transfer of any right, title or interest in and to the Website and Website Materials and such use shall not be considered as granting, directly or indirectly, any license to use the Website or Website Materials for any other purpose for the user’s benefit or the benefit of any third party without the express written consent of Write4U.
- Restrictions on Use
(a) No information or material from the Website or Website Materials may be reproduced, redistributed, republished, uploaded, posted, transmitted in any manner whatsoever except for the purpose specified in 3 above.
(b) You may not use any information or material from the Website or Website Materials for any other works including any and all trademarks or copyright works and agree not to engage in activities or provide information that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
(c) You agree that you shall not acquire any right, title or interest in the Website and Website Materials through the use of the Website and agree to abide by copyright and other proprietary notices contained therein.
(d) You agree not to copy, transfer, transmit, sublicense or assign or transmit the Website or Website Materials over a network, by telephone or electronically using any other means without the express written consent of Write4U.
(e) You agree not to distribute to or otherwise disseminate through the Website any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or solicitation for goods and services.
(f) You agree not to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve the sale of counterfeit or stolen items.
(g) You agree not to provide information or participate in activities that will result in the transfer to our Website of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of our Website’s systems, programs, content, information or applications.
(h) You agree not to bypass any measures that we have taken to restrict access to our Website without our express written consent and you shall not engage in activities that would interfere with the operation of our Website or Website activities.
(i) You agree not to use any robot, spider, scraper or other automated means to access our Website for any other purpose than set out in 3 above without our express written consent.
(j) You agree not to impose an unreasonable load on our Website infrastructure that would affect the operation of our Website.
- Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SUITABILITY FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK OF USE OF THE WEBSITE OR WEBSITE MATERIALS IS WITH YOU.
WRITE4U DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE AND WEBSITE MATERIALS WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE WEBSITE OR WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IN THE WEBSITE OR WEBSITE MATERIALS DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY WRITE4U OR BY A REPRESENTATIVE OF WRITE4U SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. WRITE4U DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED WARRANTIES.
WRITE4U DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
WRITE4U SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON WEBSITES THAT LINK WITH THIS WEBSITE OR FROM THIRD PARTY WEBSITES.
- Limitation of Liability
By using our Website and Website Materials, you assume all liability and risk for use and absolve Write4U of any liability for use of the Website and Website Materials. Write4U’s entire liability and the user’s entire remedy shall be to discontinue use of the Website and Website Materials. In no event will Write4U’s liability to you extend to any loss of profits, lost data, lost savings or other special, incidental, economic, indirect or consequential damages arising out of the use or inability to use the Website or Website Materials, or for any claim by any other party, even if Write4U has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL WRITE4U BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify Write4U from and against all claims, liability and expenses, including legal fees and costs arising from any unauthorized use of the Website and Website Materials or from your breach of the Terms and Conditions of Use. You agree to notify Write4U immediately upon becoming aware of any unauthorized use of the Website or Website Materials and take all reasonable steps to prevent subsequent unauthorized use. Write4U reserves the right, in its sole discretion and at its own expense, to defend any such action or claim and you agree to co-operate fully with any such defense.
- User Information and Privacy
Write4U does not use our Website to collect any personal information regarding users of the Website but may collect and retain information regarding your use of the Website. Write4U will not sell, rent or distribute such information collected to any other third party. Please review our Privacy Statement to review how Write4U handles privacy issues (please insert link to privacy statement/code) on our Website. Our Website may use “cookies” for the purposes of maintaining proper process sequencing and information but Write4U will not use “cookies” to surreptitiously gather information from a user’s computer. By using the Website, you are authorizing Write4U to collect such information. To the extent that information is collected regarding your use of the Website, you authorize Write4U to use such information for any purpose whatsoever related to the business of Write4U. Should you not wish to give such authorization, then you must notify Write4U to the contrary by emailing us at email@example.com. Notwithstanding such notification, Write4U reserves the right at all times to disclose such information about your use of our Website necessary to meet any law, regulation, government request or court order. You acknowledge and agree that Write4U cannot ensure or guarantee your secure access or privacy on our Website given that no transmission over the Internet can be guaranteed to be 100% secure and as result any use of the Website shall be at your sole risk.
- Survival of Obligations
The obligations pursuant to the provisions of 2, 4, 6 and 7 survive the termination of these Terms and Conditions of Use.
Your right to use this Website and Website Materials is subject to your continued compliance with these Terms and Conditions. This right shall terminate automatically without notice should you breach of these Terms and Conditions. In the event that these Terms and Conditions are terminated, you agree to destroy all materials obtained by you from the Website and any and all copies thereof.
- General Terms
Any disputes under these Terms and Conditions of Use shall be governed by the laws of the Province of British Columbia and laws of Canada where applicable, without giving effect to any conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of British Columbia and the Federal Court of Canada, or any other jurisdiction or courts as may be determined by Write4U.
In the event of a dispute
These Terms and Conditions of Use and any directions, policies, rules or guidelines posted on the Website shall constitute the entire agreement between you and Write4U.
Should Write4U waive a provision or right under the Agreement, such waiver does not constitute a waiver of any other provision of the Agreement or any subsequent waiver of a right or provision under this Agreement.
If any provision of this Agreement or any part of any provision of this Agreement is held by a court of competent jurisdiction, after appeals therefrom have been exhausted, to be unenforceable then the remainder of this Agreement shall continue to be of full force and effect.