PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND GWC. BY CLICKING “I AGREE”, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE GWC SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE GWC SERVICE.
Eligibility; Access to the GWC Service
- THE GWC SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 21 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE GWC SERVICE BY GWC. BY USING THE GWC SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE GWC SERVICE.
- GWC does not promote or sell alcohol to persons under the age of 21. By using this site you are acknowledging that you are over the age of 21If you do not agree with these conditions of use please do not use this site.
- If you are using or opening an account on the GWC Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
- GWCSubject to your compliance with these Terms, GWC grants you permission to access and use the GWC Service as set forth in these Terms, and consistent with the intended features of the GWC Service.
Individual Features and Services
When using the GWC Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms; Modification of Fees
- Terms From time to time, GWC may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the GWC Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the GWC Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the GWC Service, except that (i) disputes between you and GWC will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the GWC Service. Your continued use of the GWC Service after revised Terms have become effective indicate that you have read, understood and agreed to the current version of the Terms.
- Fees Certain products and services on the GWC Service may now or in the future have fees associated with them. Please see the terms associated with such products or services for more information.
- Access to the GWC Service from territories where its contents are illegal is prohibited. The GWC Service is designed for customers in the United States. Those who choose to access the GWC Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- Except for specific features designed to assist GWC customers with communicating with GWC with respect to their projects and orders, use of the GWC Service other than for private, non–commercial use is strictly prohibited. As a condition of your use of the GWC Service, you will not use the GWC Service for any purpose that is unlawful or prohibited by these Terms. You may not use the GWC Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the GWC Service. You may not attempt to gain unauthorized access to the GWC Service, or any part of them, other accounts, computer systems or networks connected to the GWC Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the GWC Service or any activities conducted on the GWC Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the GWC Service. You agree neither to modify the GWC Service in any manner or form, nor to use modified versions of the GWC Service, including (without limitation) for the purpose of obtaining unauthorized access to the GWC Service.
- The GWC Service may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the GWC Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the GWC Service.
If you provide GWC with any comments, bug reports, feedback, or modifications proposed or suggested by you to the GWC Service (“Feedback”), GWC shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the GWC Service and the right to assign, license or otherwise use the GWC Service. You hereby grant GWC a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- By GWC You agree that GWC, in its sole discretion and for any or no reason, may terminate your access to or use of the GWC Service and remove and discard all or any part of your account or information, at any time. GWC may also in its sole discretion and at any time discontinue providing access to the GWC Service, or any part thereof, with or without notice. You agree that any termination of your access to the GWC Service or any account you may have or portion thereof may be affected without prior notice, and you agree that GWC will not be liable to you or any third–party for any such termination. GWC does not permit copyright infringing activities on the GWC Service and reserves the right to terminate access to the GWC Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the GWC Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GWC may have at law or in equity.
- Fees Upon any termination of your account, you will not be entitled to a refund of any fees or other payments made by you to GWC, and you will remain obligated to pay all outstanding fees and charges relating to your use of the GWC Service before termination, including any outstanding subscription fees.
- Survival Sections 5, 6, 7, 8, 10, 11, 13, 15, and 16 will survive any termination of these Terms.
Ownership; Proprietary Rights
The GWC Service is owned and operated by GWC. The visualinterfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the GWC Service provided by GWC ("Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the GWC Service are the copyrighted property of GWC or its subsidiaries or affiliated companies and/or third–party licensors. All trademarks, service marks, and trade names are proprietary to GWC or its affiliates and/or third–party licensors. Except as expressly authorized by GWC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Third–Party Sites, Products and Services; Links
The GWC Service may include links to other web sites or services solely as a convenience to Users ("Linked Sites"). GWC does not endorse any such Linked Sites or the information, material, products or services contained on other linked sites or accessible through other Linked Sites. Furthermore, GWC makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the GWC Service are solely between you and such advertiser. YOU AGREE THAT GWC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE GWC SERVICE.
Disclaimers; No Warranties
THE GWC SERVICE AND ANY FEATURES, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GWC SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GWC, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS.
GWC, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE GWC SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GWC SERVICE WILL BE UNINTERRUPTED OR ERROR–FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GWC SERVICE AND ANY SOFTWARE, WIDGETS, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GWC SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless
You agree to indemnify and hold GWC, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of the GWC Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants you make hereunder. GWC reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GWC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE GWC SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE GWC SERVICE, OR ANY OTHER INTERACTIONS WITH GWC, EVEN IF GWC OR A GWC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GWC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL GWC OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GWC SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GWC SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GWC AND RECEIVED THROUGH OR ADVERTISED ON THE GWC SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE GWC SERVICE.
- General Generally, if a dispute arises between GWC and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GWC agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the GWC Service (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GWC must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding, non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Claims YOU AND GWC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE GWC SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Severability If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by GWC without restriction, including by operation of law, or in connection with a merger, acquisition, or sale of all or part of GWC’s assets.
Headings The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement This is the entire agreement between you and GWC relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by GWC as set forth in Section 4 above.