General
Terms and Service Agreement
Website
Witness, otherwise referred to as WW throughout this document.
Unless otherwise
indicated, this Web Site and its contents are the property of WW, and/or
its subsidiaries, affiliates, or assigns. The site and its contents
are protected, without limitation, pursuant to Canadian and foreign
copyright and trademark laws. This Agreement is hereby entered into
between Website Witness ("WW") and the party executing this
Agreement ("Subscriber") on the following terms and conditions.
Whereas WW provides website monitoring services and the subscriber wishes
to use WW service, the parties agree as follows:
GENERAL
TERMS
1. You are authorized to signup for WW services, only, if you agree
with our terms. You are authorized to register for WW services. In doing
so, you may not remove or in any way alter any trademark, copyright,
or other proprietary notice that you might download from our site. You
may not modify, copy, distribute, republish, commercially exploit, or
upload any of the material on this Web Site without the prior written
consent of WW. No intellectual property or other rights in and to this
Web Site, other than the limited right to use set forth above, are transferred
to you.
2. WW MAKES NO REPRESENTATIONS
OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE
PROVIDED FOR USE "AS IS." WW DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED.
WW ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION
ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED,
IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate
the accuracy and completeness of all information, opinions and other
material on this Web Site or any Web Site with which it is linked.
3. To the fullest
extent permitted by applicable laws, WW and its employees, agents, suppliers,
and contractors shall in no event be liable for any claims, charges,
demands, damages, liabilities, losses, and expenses of whatever nature
and howsoever arising, including without limitation any compensatory,
incidental, direct, indirect, special, punitive, or consequential damages,
loss of use, loss of data, loss caused by a computer or electronic virus,
loss of income or profit, loss of or damage to property, claims of third
parties, or other losses of any kind or character, even if WW has been
advised of the possibility of such damages or losses, arising out of
or in connection with the use of this Web Site or any Web Site with
which it is linked. You assume total responsibility for establishing
such procedures for data back up and virus checking as you consider
necessary.
INDEMNIFICATION
4. You hereby agree to indemnify and hold harmless WW from and against
any and all claims, charges, demands, damages, liabilities, losses,
expenses, and liabilities of whatever nature and howsoever arising (including
but not limited to any legal or other professional fees and the costs
of defending or prosecuting any claim and any loss of profit, goodwill,
and any other direct or consequential loss) incurred or suffered by
WW directly or indirectly by reason of any act or omission which you
commit in breach of these terms and conditions and the obligations and
warranties contained in them.
Refunds and/or Cancellations
5. The Basic Package is provided at no cost to the Subscriber. The fee-based
services are based on a monthly fee paid via the Subscriber's credit
card and/or other payment arrangements that have been previously arranged.
WW does not issue credits or refunds in the event of a change in services
requested or cancellations. The cost to track and issue credits or refunds
would be relatively high and the benefit would be relatively low considering
the nominal monthly fees.
Please use the Contact
Us link above for inquiries about our Terms.