Terms of Use
The following terms and conditions (the “Terms of Use”) govern your use of this web site for willpassbooks.com and related, feature web sites (collectively the “Site” or “Web Site”). This Site, and the Privacy Policy, are made available by Freeford LLC. (“we” or “us”). We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.
1. Proprietary Rights
As between you and Freeford LLC, Freeford LLC owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site.
2. Limited License
You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
3. Prohibited Use
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express written prior permission of Freeford LLC or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Freeford LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Freeford LLC and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
5. User Information
In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
6. Submitted Materials
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site’s Privacy Policy. By submitting or sending Submitted Materials to us, you represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and that the Submitted Material, and its use, do not and will not violate the law or violate or infringe the rights of any entity or person; and you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
7. Prohibited User Conduct
You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: impersonate any person or entity or misrepresent your affiliation with any other person or entity; insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or attempt to gain unauthorized access to other computer systems through the Web Site. You shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site; obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site; or use the Site in violation of any applicable law. You further agree that you may not attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or make unauthorized use thereof.
8. Public Forums, Blogs
Freeford LLC may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site any materials which restrict or inhibit any other user from using and enjoying the Web Site; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; constitute or encourage conduct that would constitute a criminal offense or otherwise violate any law; violate, plagiarize or infringe the rights of third parties; contain a virus, spyware, or other harmful component; contain embedded links, advertising, chain letters or pyramid schemes of any kind; or constitute or contain false or misleading indications of origin or statements of fact. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Editorial Control
Freeford LLC reserves the right, but does not have an obligation, to monitor and/or review materials posted to the Web Site by users, and Freeford LLC is not responsible for any such materials posted by users. Freeford LLC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Freeford LLC’s sole discretion are objectionable or in violation of these Terms of Use.
10. Private or Sensitive Information on Public Forums, Blogs
It is important to remember that comments submitted to a forum or blog may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, and are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others.
11. Indemnification
You agree to defend, indemnify and hold Freeford LLC and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Use.
12. Third Party Web Sites
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites. Any reliance on the contents of a third party web site is done at your own risk.
13. Ecommerce
The sale of products on the Site and your transactions are subject to additional sales terms and policies. For all charges for any products sold on the Site, Freeford LLC’s payment processor will bill your credit card. You will be charged at the time you place your order. Freeford LLC reserves the right at any time after receipt of your order, without prior notice to you, to decline or refund your order for any reason. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services.
14. Infringement Notification
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Freeford LLC’s agent: your address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located, with a link if possible; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send notifications of claimed infringement to: willpassbooks@gmail.com.
15. Disclaimer of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
16. Accuracy of Information
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE.
17. Limitation of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FREEFORD LLC, ANY MEMBER OF THE FREEFORD LLC FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FREEFORD LLC FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
18. Age
Users must be either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that you are domiciled in the United States and you are 18 years old or older. In any case, you hereby represent and warrant that you are 13 years of age or older, as this Site is not intended for children under 13.
19. Applicable Laws
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.
20. Termination
Freeford LLC may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. Freeford LLC may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
21. Changes to Terms of Use
Freeford LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.
22. Miscellaneous
The Terms of Use and the relationship between you and us shall be governed by the laws of the State of Colorado, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use or out of the use of this Site shall be commenced and be heard in the appropriate court (state or federal) in the State of Colorado, County of Larimer. You agree to submit to the personal and exclusive jurisdiction of the courts located within Larimer County in the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Use remain in full force and effect.