Terms of Service
IMPORTANT: READ CAREFULLY.
YOUR USE OF THE WEBERON WEBSITE, WEBERON SERVICES AND ASSOCIATED
SOFTWARE (THE "SERVICES") IS CONDITIONED UPON YOUR COMPLIANCE
AND ACCEPTANCE OF THESE TERMS.
This is a legal agreement between you (either an individual
or entity) and Weberon Inc. ("WEBERON"), for use of
the Services, media, printed materials, and "online"
or electronic documentation. If you or your company have an existing
written agreement with WEBERON, the written agreement will control
your use of the Services. Otherwise, you agree to be bound by
and become a party to all the terms of this Agreement by joining,
or initiating a meeting supported by the Services.
If you do not agree with the terms of this Agreement, do not use,
or join any meeting supported by, the Services.
Any software associated with the Services is protected by copyright
laws and international copyright treaties, as well as other intellectual
property laws and treaties.
1. Privacy:
WEBERON's privacy policy is described on the Privacy
Policy page. Please consult it to learn WEBERON's current
policies to protect the privacy of your information.
2. Responsibility
for Content of Your Communications:
You agree that you are solely responsible for the content of all
visual, written or audible communications sent by you. You agree
that you will not use the Services to send unsolicited mass mailings
outside your company or organization. You further agree not to
use the Services to communicate any message or material that is
harassing, libelous, threatening, obscene, indecent, would violate
the intellectual property rights of any party or is otherwise
unlawful, that would give rise to civil liability, or that constitutes
or encourages conduct that could constitute a criminal offense,
under any applicable law or regulation. Although WEBERON is not
responsible for any such communications, WEBERON may delete any
such communications of which WEBERON becomes aware, at any time
without notice to you.
3. Right
to Use:
Subject to the terms and conditions of this Agreement, WEBERON
grants you only the right to use the Services, in accordance with
this Agreement. You receive no rights to, modify, or reproduce,
the Services or any associated software.
4. No
Commercial Use:
Other than using the Services for conferences or meetings in which
you are an active participant, and as permitted under the terms
and conditions of this Agreement or other written agreements between
you and WEBERON, you may not resell, distribute, make any commercial
use of, use on a timeshare or service bureau basis, or use to
operate a Web-site or otherwise generate income from the Services.
5. Copyright:
WEBERON and/or its suppliers, as applicable, retain ownership
of all proprietary rights notices and marks in, or displayed by,
the Services. You will not remove, deface or obscure any of WEBERON's
or its suppliers' copyright or trademark notices and/or legends
or other proprietary notices on, incorporated therein, or associated
with the Services.
6. Termination
of Agreement:
You may terminate this Agreement at any time by providing written
notice to WEBERON. If you fail to comply with any term of this
Agreement, WEBERON may terminate this Agreement without notice.
All Sections, except Section 3, "RIGHT TO USE" shall
survive any termination of this Agreement. Upon any termination
of this Agreement, you must cease any further use of the Services
and destroy any copies of associated software within your possession
and control.
7. Restricted
Rights:
The Services and/or any associated software or documentation,
is provided with Restricted Rights, in accordance with DFARS section
227.7202 and its subparagraphs. You acknowledge that if you are
using the services as a representative, employee or agent of the
Department of Defense or other governmental entity of any country
or state, that the Services or portion thereof is classified,
in accordance with 252.227-7014, as "Commercial Computer
Software" and any documentation included in or with the Services,
is classified as "Commercial Computer Software Documentation",
both of which were "Developed exclusively at private expense"
by Weberon, Inc., 4778 San Tropico Ct, Suite G, San Jose, CA 95135.
You receive no rights to, modify, or reproduce, the Services or
any associated software.
8. Export
Restrictions:
You acknowledge that the Services, or portion thereof may be subject
to the export control laws of the United States. You will not
export, re-export, divert, transfer or disclose any portion of
the Services or any related technical information or materials,
directly or indirectly, in violation of any applicable export
law or regulation
9. Injunctive
Relief:
You acknowledge that any use of the Services contrary to this
Agreement, or any transfer, sublicensing, copying or disclosure
of technical information or materials related to the Services,
may cause irreparable injury to WEBERON, its affiliates, suppliers
and any other party authorized by WEBERON to resell, distribute,
or promote the Services ("Resellers"), and under such
circumstances WEBERON, its affiliates, suppliers and Resellers
will be entitled to equitable relief, without posting bond or
other security, including, but not limited to, preliminary and
permanent injunctive relief.
10.
No Warranties:
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS
IS" AND WEBERON, ITS AFFILIATES, SUPPLIERS AND RESELLERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEBERON,
ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION
REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET
ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE
SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
THE SERVICES REMAINS WITH YOU.
You agree to indemnify, defend and hold harmless WEBERON, its
affiliates, officers, directors, employees, consultants, agents,
suppliers and Resellers from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys
fees) arising from your use of the Services, your violation of
this Agreement or the infringement or violation by you or any
other user of your account, of any intellectual property or other
right of any person or entity. Without limiting the foregoing,
the Services are not designed or licensed for use in hazardous
environments requiring fail-safe controls, including without limitation
operation of nuclear facilities, aircraft navigation/communication
systems, air traffic control, and life support or weapons systems.
Without limiting the generality of the foregoing, WEBERON, its
affiliates, suppliers and Resellers specifically disclaim any
express or implied warranty of fitness for such purposes.
11. Limitation
of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL WEBERON OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION
OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY
OTHER LEGAL THEORY, EVEN IF WEBERON, ITS AFFILIATES, SUPPLIERS
OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WEBERON'S, ITS AFFILIATES’, SUPPLIERS’
AND RESELLERS’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE
REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT
WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES
(IF ANY).
Because some states and jurisdictions do not allow the exclusion
or limitation of liability, the above limitation may not apply
to you.
12. Miscellaneous:
12.1 Choice
of Law and Forum.
This Agreement shall be governed by and construed under the laws
of the State of California, U.S.A., exclusive of its choice of
law principles. The parties consent to the exclusive jurisdiction
and venue of the courts located in and serving Santa Clara County,
California.
12.2 Waiver
and Severability.
Failure by either party to exercise any of its rights under, or
to enforce any provision of, this Agreement will not be deemed
a waiver or forfeiture of such rights or ability to enforce such
provision. If any provision of this Agreement is held by a court
of competent jurisdiction to be illegal, invalid or unenforceable,
that provision will be amended to achieve as nearly as possible
the same economic effect of the original provision and the remainder
of this Agreement will remain in full force and effect.
12.3 General Provisions.
This Agreement embodies the entire understanding and agreement
between the parties respecting the subject matter of this Agreement
and supersedes any and all prior understandings and agreements
between the parties respecting such subject matter. WEBERON may
change the terms of this Agreement at any time by posting modified
terms on its website. This Agreement has been prepared in the
English Language and such version shall be controlling in all
respects and any non-English version of this Agreement is solely
for accommodation purposes. All notices or other correspondence
to WEBERON under this Agreement must be sent to the address provided
in Section 7 above, or other address as provided by WEBERON for
such purpose. Any and all rights and remedies of WEBERON upon
your breach or other default under this Agreement will be deemed
cumulative and not exclusive of any other right or remedy conferred
by this Agreement or by law or equity on WEBERON, and the exercise
of any one remedy will not preclude the exercise of any other.
The captions and headings appearing in this Agreement are for
reference only and will not be considered in construing this Agreement.
