1. Your Acceptance
By clicking on "I Agree," "Submit," any call-to-action button, or by using and/or visiting this website (including all content available through the wwmanufacturing.com domain name), you signify your assent to both these Terms and Conditions of Use (the "Terms of Service") and the WW Manufacturing privacy policy, which is incorporated herein by reference. If you do not agree to any of these terms, then please do not click on "I Agree," "Submit," any call-to-action button, or use the WW Manufacturing website.
If you have paid money to WW Manufacturing prior to reviewing these Terms of Service and you now disagree with them, please contact WW Manufacturing at info@wwmanufacturing.com about obtaining a refund. This agreement is effective as of the date and time in your location when you click on "I Agree," "Submit," any call-to-action button, or otherwise continue to use the website after having visited this page. Please print a copy of this document and retain it for your future reference, as it will become a binding contract when you click on "I Agree," "Submit," or any call-to-action button.
2. General Usage
a. These Terms of Service apply to all users of the WW Manufacturing website (the "Website"), including users who are also contributors of item listings, video content, information, forum posts, blogs, and other materials or services to the Website. The Website may contain links to third-party websites that are not owned or controlled by WW Manufacturing; WW Manufacturing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, WW Manufacturing will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve WW Manufacturing from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
b. To view or access all features of the Website, your web browser may require additional third-party software, also known as plug-ins, add-ons, or extensions. WW Manufacturing makes no warranties that this third-party software will be compatible with your computer and specifically disclaims any liability for direct or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Website.
3. Website Access
a. WW Manufacturing hereby grants you permission to use the Website as set forth in these Terms of Service, conditioned upon: (i) your use of the Website as permitted hereby is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without WW Manufacturing's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
b. In order to access some features of the Website, you will have to create an account. You may never use another's account without WW Manufacturing's permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WW Manufacturing immediately of any breach of security or unauthorized use of your account. Although WW Manufacturing will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WW Manufacturing or others due to such unauthorized use.
c. You agree not to use or launch any automated system, including without limitation "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to WW Manufacturing's servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, WW Manufacturing grants the operators of public search engines permission to use automated systems to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WW Manufacturing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, and not to use the communication systems provided by the Website for any commercial solicitation purposes.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation the text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, trade dress, and logos contained therein ("Marks"), are owned by or licensed to WW Manufacturing, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WW Manufacturing reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
5. User Submissions
a. The Website may now or in the future permit the submission of photographs or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, WW Manufacturing does not guarantee any confidentiality with respect to any submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize WW Manufacturing to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant WW Manufacturing a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform the User Submissions in connection with the Website and WW Manufacturing's business.
c. In connection with User Submissions, you further agree that you will not: (i) submit material subject to protection under U.S. or foreign copyright laws, protected by trade secret, or otherwise subject to third-party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner; (ii) publish falsehoods or misrepresentations that could damage WW Manufacturing or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, sexually explicit, or racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise be inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. WW Manufacturing reserves the right to remove Content and User Submissions without prior notice.
d. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing WW Manufacturing's designated Copyright Agent with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit WW Manufacturing to locate the material; (iv) information reasonably sufficient to permit WW Manufacturing to contact you; (v) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
e. WW Manufacturing's designated Copyright Agent to receive notifications of claimed infringement can be reached at: WW Manufacturing, Legal Department, Thomas, Oklahoma; e-mail: info@wwmanufacturing.com.
6. Unsolicited Idea Submission Policy
Please do not send unsolicited ideas to WW Manufacturing, including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither WW Manufacturing nor any of its employees accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when WW Manufacturing's products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to WW Manufacturing.
If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply: (1) you agree that your ideas will automatically become the property of WW Manufacturing, without compensation to you, and (2) you agree that WW Manufacturing can use the ideas for any purpose and in any way.
WW Manufacturing does, however, welcome your feedback regarding our existing business. If you want to send us feedback, please use our Contact Us page at wwmanufacturing.com/contact. Please provide only specific feedback on our existing products or marketing strategies. The foregoing does not apply to User Submissions, which are governed by Section 5.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WW MANUFACTURING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WW MANUFACTURING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE; AND/OR (VII) ANY FAILED BARTER OR SALES TRANSACTION THAT IS NOT CONSUMMATED AS A RESULT OF ANY ACTION OR INACTION ON THE PART OF BUYER, SELLER, OR BOTH.
8. Limitation of Liability
IN NO EVENT SHALL WW MANUFACTURING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE; AND/OR (VII) ANY FAILED BARTER OR SALES TRANSACTION THAT IS NOT CONSUMMATED AS A RESULT OF ANY ACTION OR INACTION ON THE PART OF BUYER, SELLER, OR BOTH, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WW MANUFACTURING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WW MANUFACTURING SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by WW Manufacturing from its facilities in the United States of America. WW Manufacturing makes no representations that the Website is appropriate or available for use in other locations.
9. Indemnity
You agree to defend, indemnify, and hold harmless WW Manufacturing, its parent company, officers, directors, affiliates, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
10. Ability to Accept Terms of Service
You affirm that you are either 18 or more years of age on the date at your location at which you click on "I Agree," are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
11. General
You agree that: (i) the Website is to be deemed to be based solely in Oklahoma, USA; and (ii) the Website is to be deemed a passive website that does not give rise to personal jurisdiction over WW Manufacturing, either specific or general, in jurisdictions other than Oklahoma. These Terms of Service shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. Any claim or dispute between you and WW Manufacturing that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Custer County, Oklahoma. These Terms of Service, together with the Privacy Policy and any other legal notices published by WW Manufacturing on the Website, shall constitute the entire agreement between you and WW Manufacturing concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
WW Manufacturing may amend these Terms of Service at any time. If you wish to be notified of any changes to these Terms of Service, you must e-mail us at info@wwmanufacturing.com, and if your e-mail address changes at any time, you are responsible for notifying us of your new address. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND WW MANUFACTURING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED.
WW Manufacturing • Thomas, Oklahoma • info@wwmanufacturing.com • (800) 999-1214