Newsletter agreement and conditions
This TCW newsletter (the "Newsletter"), including all of its features, web site (www.todayschristianwrestler.com) and contentis a service made available by TCW , a division of Willowcreek Marketing. and all content and information of this Newsletter may be used by you (the "Client") solely under this user license:
1. SINGLE USER LICENSE--As a user of this Newsletter, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Newsletter and Content.
2. USE OF PASSWORD--Your right to use the Newsletter is personal to you -- you may not authorize others to use the Newsletter. You may not sub-license, transfer, sell or assign this Agreement to any third party without written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You will be solely responsible for maintaining the confidentiality of your password. You are solely responsible for all usage or activity on your account.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your ID, password or any credit, debit or charge card number stored on the web site), you must promptly change your password and notify Customer Service department at [email protected]
3. LIMITATIONS OF USE--The content of this Newsletter is for your personal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Newsletter or the content within. You may not use any network monitoring or discovery software to determine the web site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider's prior written permission.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Newsletter, except to the extent permitted above. You may not use or otherwise export or re-export this Newsletter, the content or any portion thereof in violation of the export control laws and regulations of the United States of America . Any unauthorized use of this Newsletter or its content is prohibited.
4. OWNERSHIP, COPYRIGHT, AND DISTRIBUTION--Client acknowledges that the copyrights to the Newsletter are exclusively owned by Willowcreek Marketing. Materials may not be copied by Client or transferred by Client to any person or entity, in any form or in any medium, without Willowcreek Marketing's prior written consent.
5. REPRESENTATIONS AND WARRANTIES-- Willowcreek Marketing warrants that the products and services delivered under this agreement do not infringe any copyrights or other proprietary rights of any third party. Willowcreek Marketing additionally warrants that all of the services to be performed under this agreement will be rendered in a professional manner. The warranties and representations contained in this section are in lieu of, and Willowcreek Marketing disclaims, any and all other warranties or representations (express or implied, oral or written) with respect to the Newsletter's merchantability or fitness or suitability for any purpose, including any and all implied warranties of merchantability or fitness or suitability for any purpose.
Client represents that it has the power and authority to enter into this agreement.
6. LIMITATION OF LIABILITY-- Willowcreek Marketing maximum liability for any and all claims arising under this agreement shall not exceed the aggregate amount of the monies paid to Willowcreek Marketing hereunder. In all cases, Willowcreek Marketing liability shall be limited to direct damages and in no event and under no legal theory, including tort, contract or otherwise, shall Willowcreek Marketing be liable for any indirect, special, incidental, or consequential damages (including loss of profits or loss of goodwill) even if advised of the possibility of such damages.
7. GOVERNING LAW; DISPUTE RESOLUTION-- Any dispute or disagreement between the parties under this Agreement that is not settled within thirty (30) days (or such longer period as may be mutually agreed upon) from the date a party gives notice to the other in writing specifying such dispute or disagreement, including, without limitation, any issue as to the arbitrability of such dispute or disagreement, shall be settled by arbitration before a single arbitrator selected by the parties in New York, New York, United States of America, who shall be directed to follow the International Arbitration Rules of the American Arbitration Association, as in effect on the date that such notice is given. Any decision of the arbitrator appointed and acting pursuant to this Paragraph 13 shall be final and binding upon the parties and judgment may be entered thereon, upon the application of either party, by any court having competent jurisdiction. The arbitrator may also award reasonable attorney's fees and the costs of the arbitration to the prevailing party. This Paragraph 13 shall not preclude either party from seeking a temporary restraining order, preliminary injunction or other temporary injunctive relief to prevent an anticipatory or continuing breach of this Agreement. Notwithstanding anything herein, no punitive damages may be claimed, awarded or enforced against either party. The validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of New York of the United States of America, without reference to the principles of conflicts of laws.
8. FORCE MAJEURE- Willowcreek Marketing shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
9. TERMS AND TERMINATION-- Willowcreek Marketing reserves the right to change the terms of this Agreement by providing notice in mpronline.com or directly to users via electronic mail or conventional mail. The Client shall conclusively deem use of Newsletter following the posting of any changes to these terms and conditions as acceptance of those changes.
Willowcreek Marketing may discontinue or change the Newsletter, or its availability to the Client, at any time. If Client refuses or fails to abide by these rules or violate any other terms or conditions of this Agreement Willowcreek Marketing reserves the right in its sole discretion to suspend or terminate Client's access to TCW immediately without notice, in addition to any other available remedies.