Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
The entire contents of the Website, including without limitation, all photographs, images, text, articles, publications, brochures, digital downloads, product information, software, code, data, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Website as a collective work and/or compilation (collectively the "Content") is the sole and exclusive intellectual and proprietary property of Walker Zanger and is similarly protected by the laws of the United States regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, nationally and internationally. All Content is owned, controlled and/or licensed by Walker Zanger, or by any other party designated as the owner or provider of any aspect of such Content as noted. Therefore, you must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Website. No legal right, title or interest relating to any intellectual property owned, controlled and/or licensed by Walker Zanger from any other third party as designated on the Website, shall be transferred to you or any other person as a result of your use of this Website.
WEBSITE ACCESS AND LIMITED LICENSE
Walker Zanger grants you a limited, non-exclusive, non-transferable, revocable, and right to access, use and display the Website and its Contents for your personal use only. You may download a copy of the Website (and any Content therein) for permitted uses under this limited license, provided that you maintain all copyright, trademark, service mark notices and other attributions contained in such Content (including without limitation, with respect to the copyrights, trademarks and service marks of Walker Zanger, its affiliates or any third parties that are identified). Except as otherwise provided herein, You may not reverse engineer, copy, modify, create derivative works from, publicly display or perform, republish, transfer, sell, download (other than page caching on your web browser), store, transmit or exploit this Website or any portion thereof without the express prior written consent of Walker Zanger. Also, you may not "harvest" (or collect) information from this Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so); this includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site. Also, you may not use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site, "stream catch" (download, store or transmit copies of streamed content),
- Use that in any way that violates any applicable federal, state, local and international law or regulation.
- To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, or otherwise use any device, software or routine that interferes with the proper working of the Website
- Use any robot, spider or other automatic device, process or means to access the Website or to obtain user or other information from the Website (including, without limitation, any information residing on any server or database connected to the Website).
- Use any manual process to monitor or copy any of the Content on the Website or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, Trojan horses, worms, code, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website (including, without limitation, attacking the Website via a denial-of-service attack or a distributed denial-of-service attack).
- Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website.
The Website may link to other Internet websites and resources, including to those websites operated by advertisers and other third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by Walker Zanger of such other third-party website(s) and is for your reference and convenience only. Walker Zanger has no control over such other third-party websites or their policies and expressly disclaims all responsibility or liability in connection with such other third-party websites or their content (including the accuracy thereof). Linking to any third-party website is at your own risk and subject to the terms and conditions of use as set forth by such third-party website(s), which you should review carefully before engaging in any transactions on such website(s).
You may create a hyperlink to the homepage of our Website, provided that (i) you do not create a link to any part of the Website other than the homepage; (ii) you do so in a way that is fair and legal and does not damage our reputation or portray the Website, the Content, Walker Zanger and/or its affiliates, or our products or services in any false, misleading, derogatory, or otherwise offensive manner; (iii) you do not establish a link from any website not owned by you; (iv) such link does not suggest any form of association, approval or endorsement on our part where none exists; (v) such link accurately displays the Website or Content in full (including all copyrights, trademarks, service marks, branding, advertising and promotional materials) and as originally displayed on the Website (without alteration of any kind); and (vi) you do not in any circumstance "frame" the Website or any of its Content on any other website. Any other use of the Website, Content or any intellectual properties of Walker Zanger as part of any link to the Website without Walker Zanger’s express written permission are strictly prohibited. We reserve the right at any time, in our sole and absolute discretion, to withdraw the linking permission described in this paragraph without notice. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
Although we have made every effort to display as accurately as possible the colors, description of products, or other Content that appears on this Website, this Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to colors, description of products, or other Content on this Website. Walker Zanger reserves the right in its sole and absolute discretion, to correct any typographical mistakes, inaccuracies, errors or omissions. Additionally, the DISCLAIMER OF WARRANTIES set forth below is fully applicable.
All Sales Orders are subject to the terms and conditions on the Conditions Of Sale form, which are incorporated herein by reference.
These content standards (the “Content Standards”) apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:
- Contain any material which is libelous, defamatory, obscene, pornographic, indecent, harassing, violent, hateful, inflammatory or otherwise illegal
- be threatening, abusive, fraudulent, or disruptive to Walker Zanger or other users (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity
- Abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
- Infringe any party's intellectual property rights, including without limitation copyrights and trademarks
- Use another person’s name or impersonate another, or use a fake or alternative identity that is misleading or is for a deceptive purpose
- Violate any applicable law, or violate any party's rights
- Contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, "worms" or constitutes any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act)
- Promote, offer or advertise any products or services, involve commercial activities, or solicit any funds or consideration.
USER IDENTITY AND PRIVACY
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. NEITHER WALKER ZANGER, NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS (INCLUDING SUPPLIERS), EMPLOYEES, AGENTS, OFFICERS/DIRECTORS/MANAGERS, AND ANY OTHER SIMILARLY SITUATED PERSONS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS).
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WALKER ZANGER AND ITS ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTEES, EXPRESS OR IMPLIED AS TO THE WEBSITE AND THE CONTENT, FUNCTIONS, MATERIALS, SERVICES AND PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, BY STATUTE OR LAW, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR TRADE USAGE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE WEBSITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT), SUBJECT ONLY TO APPLICABLE MANUFACTURER’S OR LIMITED WARRANTIES REGARDING OUR PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF (AND ONLY IF) THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
CHOICE OF LAW; JURISDICTION
When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: [email protected] and insert “Re: Copyright Violation” in the subject line header of the email.