This statement covers the website at www.wakefly.com ("Site").
Section 1. Use Restrictions.
The contents posted by the Company on this Site, such as text, graphics, images, and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. The Company authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. All copyright and other proprietary notices contained in the original Materials must be displayed on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other website or in a networked computer environment for any purpose is prohibited.
You may not, without the Company’s permission, “mirror” any Materials contained in this Site or any other server. Any unauthorized use of any Materials contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The Company reserves the right, in it sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.
Section 2. Company’s Liability.
The Materials may contain inaccuracies or typographical errors. The Company makes no representation about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Limitation of Liability and Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMITTAL OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Section 4. Privacy and Protection of Personal Information.
Section 5. User Submissions.
Section 6. Indemnity.
Section 7. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
Section 8. Link to Other Sites.
The Site may contain links to third-party websites (“Linked Sites”). These links are provided solely as a convenience to you and the inclusion of any link does not imply sponsorship, affiliation, or endorsement by the Company of such Linked Site, or any associations with its operations. The Company is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. The Company is not responsible for any transmission received from any Linked Site, nor is the Company responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.
Section 9. General.