Be sure to read the Terms of Service below (the “Terms of Service”), as they cover the terms and conditions that apply to your use of the Webgility.com site, including any content or services accessible through such site (referred to as the "Service"). Webgility may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with Webgility or third parties.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.
You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WEBGILITY AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) any warranties concerning access to the Service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. Webgility does not warrant that the service is free from bugs, viruses, errors, or other program limitations, nor does Webgility warrant access to the Internet or to any other service or content through the Service. The entire liability of Webgility and its Representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from Webgility, its authorized reseller or its service providers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBGILITY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WEBGILITY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WEBGILITY’S TOTAL LIABILITY RELATED TO OR ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO WEBGILITY IN THE 12 MONTHS PRIOR TO THE EVENT CAUSING ANY SUCH LIABILITY. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Webgility and you. Webgility would not be able to have provided this Service to you without such limitations.
As between us, all right, title and interest in and to the Service, any underlying software and any other deliverables, including all derivative works, plug-ins, modifications and copies, and intellectual property rights therein are and shall remain the sole and exclusive property of Webgility. No title to or ownership of any such items, or any intellectual property or proprietary rights in or to such items, is transferred to you under these Terms of Service or through your use of the Service. Such items are confidential and proprietary to Webgility and you shall not disclose or provide access to such items to any third party without the prior written consent of Webgility.
You agree you shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; or (iii) reverse engineer or access the Service in order to (a) develop, or benchmark against, a competitive product or service, or (b) develop products using, or otherwise copy, features, functions, interfaces or graphics of the Service.
Webgility is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing in the Service, and is the copyright owner or licensee of the content and/or information in the Service including but not limited to any screens appearing therein. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information in the Service for your personal use or records. If you make other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties. Webgility does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other Copyrightable material or other intellectual property, by placing them in the Service.
Webgility reserves the right, without prior notice, to change any information, features or services contained in the Service. Clicking on certain links within the Service might take you to other web sites for which Webgility assumes no responsibility of any kind (See "Third-Party Links From and To Service" below). The content presented at in the Service may vary depending on your browser limitations.
From time to time, you may desire or require additional development and customization of one of our products. On a case-by-case basis, we will review the specifications of these customizations. Where applicable, and at our sole discretion, we may provide the requested development free of charge or for a fee, communicated to and accepted by you. In either case, Webgility retains the entire right, title, and interest in anything created or developed by us for you, including all patents, copyrights, trade secrets and other proprietary rights. At no time do any rights transfer to you, your agents, or your customers.
Neither Webgility nor any of its content or service providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
While using the Service, you may not:
Webgility has no obligation to monitor the Service. However, you acknowledge and agree that Webgility has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Webgility will not intentionally monitor or disclose any private electronic-mail message unless required by law. Webgility reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
You acknowledge and agree that Webgility has no responsibility for the accuracy or availability of information or services provided by third party linked sites. Links to such sites do not constitute an endorsement by Webgility of such sites or the content, services, products, advertising or other materials presented on such sites. Information in the many web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official Webgility licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to Webgility. Webgility does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Webgility shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree Webgility is not liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Access to Online Banking, Online Payment, and any other financial services available through the Internet and selected Webgility products (the "Online Service") is provided by your financial institution and not Webgility. You agree Webgility is not liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not Webgility, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.
The Terms of Service and the relationship between you and Webgility shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Webgility agree to submit to the personal and exclusive jurisdiction of the courts located within the city of San Francisco, state of California.
The failure of Webgility to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By accessing and using this site you agree to the Terms of Service.
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