TERMS AND CONDITIONS
In consideration of the promises set forth below, we agree as follows:
1. Limited License.
1.1 UWOA, LLC grants to You a personal, nonsublicensable, nonexclusive license to participate in the Service. Title to and ownership of the Service shall be and at all times remain in UWOA, LLC.
1.2 As part of the Service, You will have access to information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services posted onto the Service by UWOA, Merchants, and other participants (collectively, “Content”). UWOA, LLC grants to You a personal, nonsublicensable, nonexclusive license to download one copy of that Content from the Service to a single computer for purposes of viewing and browsing through the Content. All other use of the Content, including but not limited to, modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Website, mirroring the Service, or in any other way exploiting any of the Content, in whole or in part, is prohibited without first obtaining written consent from UWOA, LLC.
2. The Service.
2.1 In consideration of Your compliance with the terms and conditions of this Agreement, UWOA, LLC agrees to provide the Service to You. Your use of the Service constitutes Your agreement with the terms and conditions of this Agreement. You shall not rent, sell, lease or otherwise transfer the Service for the benefit of a third party and You will not utilize the Service in a manner that violates applicable laws of Your jurisdiction. You do not work for and do not constitute a government agency or body.
2.2 UWOA, LLC reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Notification of changes in the Service or this Agreement will be posted on the UWOA Network. The UWOA, LLC may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. UWOA, LLC may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability.
2.3 IF THESE OPERATING RULES OR ANY FUTURE CHANGES ARE NOT ACCEPTABLE TO YOU OR CAUSE YOU NO LONGER TO BE IN COMPLIANCE WITH THIS AGREEMENT, YOU MUST NOT USE THE UWOA NETWORK OR THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
3. What the Service does NOT include.
3.1 You understand and agree that UWOA, LLC shall have no responsibility or liability for any of the following which do not form part of the Service:
(a) Dispute resolution.
4. Engagement Terms.
4.1 You agree that UWOA, LLC is the neutral host of the Service and has no responsibility or liability in relation to the arrangements and agreements that You enter into with anyone as part of Your use of the Service. You agree to indemnify, defend, and hold harmless UWOA, LLC and its affiliates, officers, directors, employees and agents (collectively, “UWOA, LLC”) from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any Offer, Response, Engagement, and any dispute relating thereto.
4.2. UWOA, LLC reserves the right to disclose information about usage generated by the Service in forms that do not reveal Your personal identity.
5.1 The Service, its use and the results of such use are provided “as is” and “as available”. Many hyperlinks in the Service lead to sites maintained by individuals or organizations other than UWOA, LLC over whom UWOA, LLC has no control. UWOA, LLC provides these links merely as a convenience to You, and the inclusion of any link does not imply any endorsement by UWOA, LLC of the linked sites, their content or owners. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UWOA, LLC DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE, THE RESULTS OF SUCH USE, LINKS AND LINKED SITES. WITHOUT LIMITING THE FOREGOING, UWOA, LLC SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS IN THE NETWORK AND SERVICE, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5.2 UWOA, LLC makes no representations whatsoever about any other website that You may access through the Service. When You access a non-UWOA website, please understand that it is independent of UWOA, LLC, and that UWOA, LLC has no control over the content on that website. UWOA, LLC does not warrant that product descriptions or other content of websites linked to the UWOA Network are accurate, complete, reliable, current, or error-free. UWOA, LLC is not responsible for examining or evaluating, and we do not warrant the offerings of any Merchants or individuals or the content of their websites. UWOA, LLC does not assume any responsibility or liability for the actions, product, and content of any websites that are linked to UWOA Network websites. The privacy statements and conditions of use of affiliated and linked websites do apply to You. You should review these carefully. In addition, a link to a non-UWOA Network website does not mean that UWOA, LLC endorses or accepts any responsibility for the content or the use of such website. It is up to You to take precautions to ensure that whatever You select for Your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
6. Limitation Of Remedies And Liability.
6.1 UWOA, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY UWOA NETWORK WEBSITE (INCLUDING UWSHOPPING.COM, UWSHOPPING.NET, AND UWSOCIAL.COM), INCLUDING BUT NOT LIMITED TO (I) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY UWOA, LLC WEBSITE, THE SERVICE OR ANY INFORMATION PROVIDED ON UWOA, LLC WEBSITES OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST MONIES OR MERCHANDISE, EVEN IF UWOA, LLC OR A UWOA, LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE UWOA, LLC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
6.2 The obligations of UWOA, LLC are solely corporate obligations. No affiliate, stockholder, director, officer, employee, consultant or agent of UWOA, LLC shall be subject to any personal liability whatsoever to You or to any of Your creditors or any other person or entity, nor will any such claim be asserted (directly, derivatively or otherwise) by or on behalf of You or any of Your successors and assigns.
7.1 UWOA, LLC may, in its sole discretion, terminate or suspend Your access to all or part of the Service for any reason, including without limitation, breach of this Agreement by You.
7.2 Upon termination, You shall no longer be entitled to use the Service and the licenses granted hereunder shall terminate, but the terms of this Agreement will otherwise remain in effect.
8. Controlling Law and Severability.
The Service is controlled and operated from UWOA, LLC offices within the State of Wyoming. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. In the event of any dispute concerning the Service, or any matter related to this Agreement, You agree that the litigation shall be in state or federal courts in Wyoming. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
9. Entire Agreement.
This Agreement constitutes the entire agreement between UWOA, LLC and You pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled.
You shall not remove or export from the United States or re-export from anywhere any part of the Service or any direct product thereof to Cuba, Libya, North Korea, Iran, Iraq or Rwanda or to any Group D:1 or E:2 country (or any national of such country) specified in the then current Supplement No. 1 to part 740 of the U.S. Export Administration Regulations (or any successor supplement or regulations) or otherwise except in compliance with and with all licenses and approvals required under applicable export laws and regulations, including without limitation, those of the U.S. Department of Commerce.
11. Force Majeure.
UWOA, LLC shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorist activities, governmental action, labor conditions, earthquakes or any other cause which is beyond its reasonable control.
12. Jurisdictional Issues
Information UWOA, LLC publishes on the Web/Internet may contain references or cross references to UWOA, LLC products, programs and services that are not announced or available in Your country. Such references do not imply that UWOA, LLC intends to announce such products, programs or services in Your country. Except as described otherwise, all materials in UWOA, LLC’s websites are made available only to provide information about the UWOA Network. UWOA, LLC controls and operates its sites from its offices in the State of Wyoming, United States of America and makes no representations or warranties that these materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If You use UWOA, LLC websites from other locations, You are responsible for compliance with applicable local laws. Any claim relating to the materials in the UWOA Network’s websites shall be governed by the internal substantive laws of the State of Wyoming.
All documents and information that You view or read on UWOA, LLC websites are copyrighted. These websites have been designed and developed exclusively by UWOA, LLC and are copyrighted in their entirety. All elements of UWOA, LLC’s websites, website programs, underlying software and software code, the look and feel of the website and website programs, and linking techniques used to link to other websites are copyrighted by UWOA, LLC. None of the above may be used or reproduced in any form or by any electronic or mechanical means without the express written permission of UWOA, LLC. Such unlawful reproduction includes all domestic use as well as protections afforded under any and all international forums and laws including, but not limited to, G.A.T.T.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of UWOA, LLC or of any third party. You should also assume that all elements of all other websites owned and operated by UWOA, LLC are copyrighted and that the interconnection of these websites to other websites owned by UWOA, LLC shall not be construed as conferring any license or right under any UWOA, LLC patent, trademark or copyright.
INTELLECTUAL PROPERTY RIGHT PROTECTION
Various elements of UWOA, LLC websites and programs and other websites owned by the UWOA, LLC are protected by patent, unfair competition, trademark, trade dress and other laws. UWOA, LLC has made appropriate disclosure to protect its rights under such laws and is actively pursuing patent protection for unique website design features and business methods employed in, demonstrated by or suggested by UWOA, LLC websites and other websites owned by UWOA, LLC.
United Women of America, UW America, UWOA, UW Social, UW Local, UWOA, LLC, UWOA Network, and Improving the Lives of Women are trademarks and service marks (the “Trademarks”) of UWOA, LLC. The “UW Local” websites incorporate UW state and city identifications, the letters UW combined with individual state and city names, which are also trademarks of UWOA, LLC. Nothing contained in any of the websites owned by UWOA, LLC should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or Service Mark displayed on the Sites without the written permission of UWOA, LLC. Your use of Trademarks displayed on the Sites, or any other content on the Sites, is strictly prohibited. Other product and company names mentioned herein and in UWOA, LLC websites may be the trademarks of their respective owners.