Last updated January 6, 2009
Welcome to the website operated by WP Fail-Safe LLC (the "Website"). This Website provides general information about WP Fail-Safe LLC and its products free of charge to users in the United States. All uses of the Website are subject to the following terms and conditions of use (these "Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.
WP Fail-Safe LLC may revise and update these Terms of Use at any time by posting the amended terms to this Website. When we post amended terms, we will revise the "Last Updated" date at the top of the Terms of Use. For material changes to the Terms of Use, we will notify you by prominently placing notice of the changes on our Website. Your continued use of the Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
Use of the WP Fail-Safe LLC Website
You agree to use the Website only for lawful purposes:
(a) Specifically, you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post "spam," transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by WP Fail-Safe LLC, may harm WP Fail-Safe LLC or users of its Website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by WP Fail-Safe LLC, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of WP Fail-Safe LLC. You understand and acknowledge that you are responsible for whatever content you submit, and you, not WP Fail-Safe LLC, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to WP Fail-Safe LLC the right to use all content you upload or otherwise transmit to the Website in any manner WP Fail-Safe LLC chooses, including, but not limited to, copying, displaying, performing or publishing it in any form whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) WP Fail-Safe LLC reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Website which WP Fail-Safe LLC, in its sole discretion, deems inconsistent with the foregoing commitments, including any material WP Fail-Safe LLC has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the Website. However, WP Fail-Safe LLC can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, WP Fail-Safe LLC assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. WP Fail-Safe LLC reserves the right to take any action it deems necessary to protect the personal safety of users of the Website and the public; however, WP Fail-Safe LLC has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.
Copyright Restrictions/Use of Content
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to WP Fail-Safe LLC or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of WP Fail-Safe LLC. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of WP Fail-Safe LLC, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with WP Fail-Safe LLC or the applicable owner of such content. Except as expressly authorized by WP Fail-Safe LLC in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Website, (b) access to this Website, or (c) use of this Website or any services or materials available through this Website.
Trademarks
The terms "WP Fail-Safe LLC" and "Fail-Safe Form Footer" are trademarks and the WP Fail-Safe LLC and Fail-Safe Form Footer logos and all related product and service names, designs and slogans are WP Fail-Safe LLC trademarks. You may not use such marks without the prior written consent of WP Fail-Safe LLC. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Product Orders
The prices displayed on this Website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
We do not guarantee that any content on our Website is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. WP Fail-Safe LLC reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Liability of WP Fail-Safe LLC and Its Licensors
WP Fail-Safe LLC does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the "Site Content"). Reliance on the Site Content is solely at your own risk. WP Fail-Safe LLC disclaims any liability for injury or damages resulting from the use of any Site Content.
THE WP FAIL-SAFE LLC WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER WP FAIL-SAFE LLC NOR ANY PERSON ASSOCIATED WITH WP FAIL-SAFE LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER WP FAIL-SAFE LLC NOR ANYONE ASSOCIATED WITH WP FAIL-SAFE LLC WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR THE PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WP FAIL-SAFE LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN NO EVENT WILL WP FAIL-SAFE LLC OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY WP FAIL-SAFE LLC AND WHETHER OR NOT WP FAIL-SAFE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold harmless WP Fail-Safe LLC and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Website or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of the Website or any products, services or information obtained from this Website.
Third Party Websites & Dealings with Merchants
There are a number of places on the Website where you may click on a link to access other websites that do not operate under these Terms of Use or the Privacy Policy. For example, if you click on an advertisement or a search result on the Website, you may be taken to a website that we do not control. These third party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting. We are not in any way responsible for the content available at the destination of these links. We are neither endorsing the destination content nor are we legally responsible for information or articles presented on third party websites. If you choose to correspond, participate in a promotion or engage in transactions with any third party found on or through this Website, you acknowledge and agree that WP Fail-Safe LLC is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and such third party. You agree that WP Fail-Safe LLC will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on this Website.
Privacy; Protection of Personal information
The use of your personal information and the responsibilities of WP Fail-Safe LLC in connection with protecting your privacy are described in our Privacy Policy which is located on the Website and is incorporated by reference into these Terms of Use.
Contact
Please contact us at alan@wpfailsafe.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
General
The Website resides on a server in the State of Maryland. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and WP Fail-Safe LLC with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in the State of Maryland in all disputes (a) arising out of, relating to, or concerning this Website and/or this agreement, (b) in which this Website and/or this agreement is an issue or a material fact, or (c) in which this Website and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. WP Fail-Safe LLC has endeavored to comply with all legal requirements known to it in creating and maintaining this Website, but makes no representation that materials on this Website are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of WP Fail-Safe LLC, any claim, dispute or controversy arising out of, relating to or concerning this Website and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in the State of Maryland. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that no joint venture, partnership, employment or agency relationship exists between you and WP Fail-Safe LLC as a result of this agreement or your use of this Website.
The failure of WP Fail-Safe LLC to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and WP Fail-Safe LLC nor any trade practices shall be deemed to modify these Terms of Use.