WITI.com
TERMS OF SERVICE AGREEMENT
PLEASE READ VERY CAREFULLY! THE TERMS, CONDITIONS AND NOTICES BELOW SHALL GOVERN YOUR USE OF THE WITI.com SERVICES AND SHALL PROVIDE NOTICE OF WITI.com POLICIES.
WITI.com (hereafter referred to as the "Company," "Site," "us" or "we") is the Web site for WITI (Women In Technology International).
Our Services are available to you with your unconditional acceptance of the terms below without modification. The term "Services" shall refer to all information, text and visual images, software, products and services used or available via the Site, and shall be further described below. Any and all rights not expressly granted herein are reserved by us, along with the right to change these terms (the "Terms"), in our sole discretion, at any time. Your use of the Services means that you have read and understand all of the Terms herein and any updates or modifications thereto and that you agree with them. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of WITI.com following the posting of changes to these terms (including the WITI.com Privacy Policy and House Rules) will mean you accept those changes.
You agree to indemnify and hold WITI.com harmless from any third party claims, damages or demands, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any third party rights.
For further information relating to the legal issues below regarding your use of our Services, please contact webeditor@corp.witi.com.
PLEASE INDICATE YOUR AGREEMENT OR DISAGREEMENT WITH THE TERMS HEREIN BY CLICKING ON THE "I AGREE" OR "I DO NOT AGREE" BUTTON BELOW.
RESTRICTIONS
This site is owned and operated by Women in Technology International (referred to as "WITI," "we," "us," or "our" herein). No material from WITI.com or any Web site owned, operated, licensed, or controlled by WITI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of WITI's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to WITI.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by WITI. WITI does not transfer title to the Software to you. You own the medium on which the Software is recorded, but WITI retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
As a condition of your use of the Services, you agree, represent, and warrant that you will not use the Services for any purpose or in any manner that is prohibited by these Terms or by any applicable law. It is your responsibility to ensure that your use of the Services complies with these Terms and to seek prior written consent from us for any uses that are not permitted or not expressly granted to you herein.
As you use our Services, you shall not at any time:
1. Knowingly transmit any:
(a) information, data, images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable or that may invade another's right of privacy or publicity;
(b) any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
(c) any Content that contains a virus or corrupted data;
(d) unsolicited advertising, promotional materials, "spam," or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
(e) any Content that infringes any intellectual property right, including but not limited to patent, trademark, service mark, trade secret, trade dress, copyright or other proprietary rights of any third party;
(f) any false or inaccurate resume information of your own or another individual, any statement intended to manipulate the price of the stock or any information that is not public information and that may be material to the price of a stock.
(g) any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement, or other business opportunity that requires any payment, pays commissions only, and/or requires recruitment of other members, sub-distributors or sub-agents;
2. Impersonate any person or entity, including but not limited to, a PortfolioParade.com official, forum host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Delete any author attributions, legal notices or proprietary designations or labels that you post on the Site or through the Services to any communication feature;
4. Use the Services in a manner that restricts the availability of its resources to other users (e.g., excessive shouting, flaming, use of all caps, or continuous posting of repetitive text);
5. Violate any applicable local, state, national or international laws, including but not limited to securities laws;
6. Delete or revise any Content posted by any person or entity other than yourself;
7. Print out or otherwise copy or use any personally identifiable information about educators, users of the Site or any other third parties listed on this Site. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.
8. Violate or attempt to violate the security of WITI.com, including, without limitation:
(a) access data not intended for such user or logging into a server or account that you are not authorized to access;
(b) attempt to test, scan, probe or hack the vulnerability of the Site and/or Services or any network used by WITI.com or to breach security, encryption or other authentication measures without authorization;
(c) attempt to interfere with service by overloading, flooding, pinging, mail-bombing or crashing the Services;
(d) send any unsolicited email of any type;
(e) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
9. Falsely represent your educational qualifications, status, investment experience, association, job or business.
10. Provide any direct financial, investment, tax or legal advice to any other member or user of our site, under any circumstances.
11. Post any personal contact information such as email, phone, fax, web address, hyper link or any other such information.
SUBMISSIONS
WITI is pleased to hear from its users and welcomes your comments regarding WITI's online services, Conferences and local level organizations. If at our request you send certain specific submissions (e.g., postings to chats, message boards, or contests) the Submissions shall be deemed, and shall remain, the property of WITI. None of the Submissions shall be subject to
any obligation of confidence on the part of WITI, and WITI shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, WITI shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered as part of WITI.com. You shall not upload to, distribute through, or otherwise publish through WITI.com any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of WITI.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on WITI; (2) protect and defend the rights or property of WITI; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By uploading materials to any Forum or submitting any materials to us, you thereby grant (or represent and warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you thereby represent and warrant that all so-called moral rights in those materials have been waived.
YOUR PRIVACY AND THE SECURITY OF YOUR PERSONAL INFORMATION.
Our Services require that we gather, process, use and distribute information that you provide directly to us, as well as indirectly to us (for example, information regarding the manner in which you use our Services). Currently, we collect only that information that is necessary for you to participate in our Services, such as your name address, phone number, email address and grade information when you register for our Services. We respect the privacy of your data and do not intend to sell any of your personally identifiable information to any third party. We will only use your personally identifiable information to contact you with information about our available and future services and/or products. We will share your personally identifiable information with third parties when and if we are required to do so by law. We cannot guarantee that your information will be prevented from being viewed by an unauthorized third party. Please see our Privacy Statement for further information about our privacy policy practices.
If you have directly submitted information and would like us to remove it from the Site, please contact us at webeditor@corp.witi.com or 800.334.9484 and we will use all reasonable efforts to delete your information.
You shall also be responsible for the security, safe-keeping and confidentiality of your personal information, including but not limited to your user name, password, and any other information. You agree that you are responsible for any and all communications you make using your user name and/or password on our Site or through our Services. IN THE CASE OF THEFT, LOSS OR UNAUTHORIZED USE OF YOUR PERSONAL INFORMATION, PLEASE CONTACT US IMMEDIATELY.
We will not be responsible for maintaining a record of your password(s) or user names. WE HEREBY CAUTION YOU THAT YOU SHOULD NEVER GIVE OUT PERSONAL INFORMATION TO A THIRD PARTY YOU ARE UNFAMILIAR WITH. YOU ARE EXPRESSLY PROHIBITED FROM SHARING, POSTING, REQUESTING, OR SEEKING PERSONAL INFORMATION OF ANY KIND ON ANY PORTION OF OUR SITE OR THROUGH OUR SERVICES.
THIRD PARTY PARTNER, AFFILIATES AND LINKS
Our Services contain hypertext links to web sites operated by parties other than WITI.com, including but not limited to our partner companies, agencies, advertisers and other affiliates (the "Partners"). WE DO NOT CONTROL THESE WEB SITES AND ARE NOT RESPONSIBLE FOR THEM, INCLUDING THEIR AVAILABILITY, CONTENT OR ANY VIRUSES ACCESSED THROUGH THEM. WE SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR THE ACTIVITIES OF JOB APPLICANTS OR OUR PARTNERS OR THOSE PARTNERSš RESPECTIVE BUSINESS OR OTHER PRACTICES. Nothing on our Site shall be deemed to be an endorsement, representation or warranty with respect to any Partner, applicant or other third party, whether in regard to its web site, products, services or otherwise.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all WITI site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from WITI if in WITI's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other WITI site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WITI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITI DOES NOT WARRANT THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL comPONENTS. WITI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WITI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
FURTHER, WITI.com EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM WITI.com FROM THIRD PARTIES NOT ASSOCIATED WITH WITI. WITI.com ENCOURAGES DISCRETION WHEN BROWSING THE INTERNET USING OUR OR ANYONE ELSEšS SERVICE. BECAUSE SOME SITES EMPLOY AUTOMATED SEARCH RESULTS OR OTHERWISE LINK YOU TO SITES CONTAINING INFORMATION THAT MAY BE DEEMED INAPPROPRIATE OR OFFENSIVE, WITI CANNOT BE HELD RESPONSIBLE FOR THE ACCURACY, COPYRIGHT comPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN THIRD-PARTY SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH SITES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICES OR WITH THE DELAY OR INABILITY TO USE IT OR ANY LINKED SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, we are providing the following information regarding our Copyright Agent. If you believe that your copyright is being infringed upon by a WITI.com user, please contact our Copyright Agent, Amy Bond at amy@corp.witi.com.WITI.com retains the right to terminate any of our useršs subscriptions to our Services if we believe that you are infringing on any third partyšs proprietary or other intellectual property right.
It is necessary that you provide us with the following information:
1. An electronic or physical signature of yourself (the copyright owner) or any other individual authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work you claim has been infringed;
3. A description of where the copyrighted work you claim is infringing is located on our site;
4. Your correct address, telephone number and email address;
5. A statement that you have a good faith belief that the disputed use of the alleged infringing copyright work is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the all information provided by you to our Copyright Agent is correct, that you are the copyright owner or authorized to act on the copyright owner's behalf, and that you submit to the jurisdiction of our local federal courts.
OTHER
1. No Partnership. You agree that no joint venture, partnership, employment or agency relationship exists between you and WITI.com, any of our Partners as a result of these Terms or your use of our Site or Services.
2. Entire Agreement. These Terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding WITI.com, our Site, Services or the information therein. A printed version of these Terms and of any notice given shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
3. Assignment, Waiver and Modification. We shall have the right to modify these Terms and conditions at any time. You may not assign any part of these Terms without our prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
4. Jurisdiction. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You understand and agree that, in addition to money damages, we shall be entitled to equitable relief upon your breach of these Terms.
5. Severability. The Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a competent court.