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| Girls With Wings™ Lakewood, Oh 216.577.6131 |
| Girls With Wings™ was formed by Very Important Pilots, LLC |
| Learn a little 'bout life on the road as a pilot! |
Terms of Use Agreement
Welcome to our Web site.
By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If you do
not agree to these terms, you should not use this site. The term “Girls
With Wings” or “us” or “we” or “our” refers to Very Important Pilots, LLC,
the owner of the Web site. The term “you” refers to the user or viewer of
our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4 below, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted work of
third parties.
3. Service Marks.
"www.GirlsWithWings.com" and others are our service marks or registered
service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to
use the Site solely for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved therefrom; (b)
use the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of any
kind, including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in the Site; (f) make
any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for non-
commercial purposes, without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided for a charge and
without any representations or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should consult with
legal counsel to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents are only
samples and may not be applicable to a particular situation. Some
Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials linked
to the Site is entirely at your own risk. We are not a law firm and the Site
is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal,
pornographic, or other inappropriate activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We do
not permit (a) any other person using the registered sections under your
name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand
that the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses and
traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM
OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the Site or
any features thereof, (c) your use of the Site, (d) the content contained on
the Site, or (e) any delay or failure in performance beyond the control of a
Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND
SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU
MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to
us (collectively, a "Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. We will be entitled to
use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link.
22. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends," "will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your own
risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by directing an e-mail to the Copyright Agent at
customerservice@girlswithwings.com
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we
will refund you your purchase price within 30 days of you notifying us in
writing of your desire for the refund, together with the reason for the
request, with the product or service returned to us in new and unused
condition as when purchased. Please note , however, that certain products
and services mentioned on our site are sold by third parties or are linked to
third party Web sites, and we have no responsibility or liability for those
products or services. You may request a refund by contacting us by email
at customerservice@girlswithwings.com. You may obtain any additional
information concerning our refund and return policy, including our mailing
address, by contacting us at customerservice@girlswithwings.com.
29. Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in Lakewood, Ohio, and shall be governed by and construed in accordance
with the laws of the State of Ohio (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, Documents, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 16 and Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information may
be automatically assigned by us in our sole discretion to a third party in the
event of an acquisition, sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of
this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in San
Francisco, California, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or us may
seek any interim or preliminary relief from a court of competent jurisdiction
in San Francisco, California necessary to protect the rights or property of
you and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS.
Welcome to our Web site.
By using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If you do
not agree to these terms, you should not use this site. The term “Girls
With Wings” or “us” or “we” or “our” refers to Very Important Pilots, LLC,
the owner of the Web site. The term “you” refers to the user or viewer of
our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of
the Site, except as allowed by Section 4 below, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted work of
third parties.
3. Service Marks.
"www.GirlsWithWings.com" and others are our service marks or registered
service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to
use the Site solely for internal, personal, non-commercial purposes; and (c)
to print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”) therein are
subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means all or any
portion of the Site or any Content and Materials retrieved therefrom; (b)
use the Site or any materials obtained from the Site to develop, of as a
component of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of any
kind, including through sale, license, lease, rental, subscription, or any
other commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure any copyright notice
or other proprietary notice or terms of use contained in the Site; (f) make
any portion of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse engineer any
Site software or use any network monitoring or discovery software to
determine the Site architecture; (h) use any automatic or manual process
to harvest information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation of the export
control laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for non-
commercial purposes, without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided for a charge and
without any representations or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness, accuracy, and/or
appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should consult with
legal counsel to determine the appropriate legal or business documents
necessary for your particular transactions, as the Documents are only
samples and may not be applicable to a particular situation. Some
Documents are public domain forms or available from public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained in or
linked to the Site. Your use of information on the Site or materials linked
to the Site is entirely at your own risk. We are not a law firm and the Site
is not a lawyer referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your site does not engage in illegal,
pornographic, or other inappropriate activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for inclusion
on the Site is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate,
complete registration information. Your registration must be done using
your real name and accurate information. Each registration is for your
personal use only and not on behalf of any other person or entity. We do
not permit (a) any other person using the registered sections under your
name; or (b) access through a single name being made available to multiple
users on a network. You are responsible for preventing such unauthorized
use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We
do not represent or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise reliable. We may
make changes to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via links
from the Site. We are not responsible for and assume no liability for any
mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand
that the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials, IP addresses and
traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the
Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT
NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM
OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the Site or
any features thereof, (c) your use of the Site, (d) the content contained on
the Site, or (e) any delay or failure in performance beyond the control of a
Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND
SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU
MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you to
us (collectively, a "Submission") will forever be our property. We will not be
required to treat any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. We will be entitled to
use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all aspects
of order processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants. You
agree that use of or purchase from such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link.
22. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are
forward-looking statements. These statements are based upon a number
of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends," "will" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your own
risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. 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; and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the
Site can be reached by directing an e-mail to the Copyright Agent at
customerservice@girlswithwings.com
26. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and
the Content and Materials provided therein.
28. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we
will refund you your purchase price within 30 days of you notifying us in
writing of your desire for the refund, together with the reason for the
request, with the product or service returned to us in new and unused
condition as when purchased. Please note , however, that certain products
and services mentioned on our site are sold by third parties or are linked to
third party Web sites, and we have no responsibility or liability for those
products or services. You may request a refund by contacting us by email
at customerservice@girlswithwings.com. You may obtain any additional
information concerning our refund and return policy, including our mailing
address, by contacting us at customerservice@girlswithwings.com.
29. Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in Lakewood, Ohio, and shall be governed by and construed in accordance
with the laws of the State of Ohio (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any
information, Documents, products or services related thereto) must be
instituted within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations set forth in
Section 16 and Section 17. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any party.
This Agreement and all incorporated agreements and your information may
be automatically assigned by us in our sole discretion to a third party in the
event of an acquisition, sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent
with applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce such
provision. Our rights under this Agreement shall survive any termination of
this Agreement.
30. Arbitration.
Any legal controversy or legal claim arising out of or relating to this
Agreement or our services, excluding legal action taken by us to collect or
recover damages for, or obtain any injunction relating to, Site operations,
intellectual property, and our services, shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in San
Francisco, California, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or us may
seek any interim or preliminary relief from a court of competent jurisdiction
in San Francisco, California necessary to protect the rights or property of
you and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS.
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