Terms of Service

WE HOPE YOU ENJOY ALL OF THE BENEFITS PROVIDED TO YOU BY OUR WEBSITE.  AS IS ALWAYS THE CASE, HOWEVER, YOUR USE AND ENJOYMENT OF OUR WEBSITE IS SUBJECT TO VARIOUS TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY ALL OF SUCH TERMS AND CONDITIONS, WITHOUT MODIFICATION, AS SUCH TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AND POSTED ON THIS WEBSITE.

 

This Web site located at www.wcct.com and related Web pages (collectively, the “Website”) is provided by WCCT Global, Inc. and its affiliates (collectively sometime referred to as “we,” “us,” or the “Company”). The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website is offered to you conditioned upon your acceptance, without modification, of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use”). By accessing or using this Website in any manner, you agree to be bound by the Terms of Use, without modification. Please read the Terms of Use carefully. If you do not accept all of the Terms of Use, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Terms of Use. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms of Use without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms of Use.  Any use of our Website in violation of any of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Website.

Use of the Website.  As a condition of your use of this Website, you agree that: (i) all information supplied by you on this Website, if any, is true, accurate, current, and complete; (ii) if you have registered on the Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and (iii) you are 18 years of age or older in order to register on our Website. The Company does not knowingly collect the information of anyone under the age of 18. We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Prohibited Activities.  Except as otherwise noted in this Website, all information, documentation, software, and other content posted in this Website, including, without limitation, all text, messages, data, maps, icons, graphics, logos, images, white papers, studies, and all other material, and the compilation, collection, arrangement, overall appearance, and method of assembly of same, as well as the infrastructure used to provide such content and information (collectively, the “Information”), is the sole and exclusive property of the Company or its third party vendors and content suppliers.  The Information is protected by U.S. and international copyright laws.  Except as expressly provided below, you may not sell, republish, copy, modify, distribute, license, create derivative works from, or otherwise distribute the Information, or any portion thereof, without the prior written consent of the Company, which consent shall be in the Company’s sole and absolute discretion.  Additionally, you agree not to: (i) use this Website or the Information for any commercial purpose; (ii) access, monitor, or copy any of the Information using any robot, spider, scraper, or other automated means or any manual process for any purpose, without our express written permission; (iii) violate the restrictions or bypass or circumvent other measures employed to prevent or limit access to this Website; (iv) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (v) “frame,” “mirror,” or otherwise incorporate any part of this Website into any other website without our prior written authorization; (vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the Company in connection with the Website or the services provided through the Website.

The Company agrees that you have permission, to the extent the Company can grant such permission based on any license granted to the Company by others, to display, copy, distribute, and download the Information from this Website, but only on the conditions that: (i) both the copyright notice identified below and this permission notice appear on each use of such Information; (ii) the use of such Information is solely for your personal, non-commercial purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (iii) the Information is not modified in any way. This permission terminates automatically without notice if you breach any of the Terms of Use. Upon termination, you agree that you will immediately destroy any downloaded, copied, or printed Information.

Privacy Policy.  The Company believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of this Website, to understand our privacy policies and practices.

Submissions and Interactive Forums.  In some instances, either now or in the future, the Website may include certain features which allow registered users to have input or submit content to the Website.  If any such features are ever included within the Website, please be aware that by submitting or posting any kind of content to this Website, whether by electronic mail, download, upload, or otherwise, including, without limitation, any reviews, questions, comments, suggestions, ideas, messages, photos, graphics, sound, text, information, or any other material of any nature or kind whatsoever (collectively “Content”), you grant the Company and its affiliates a world-wide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to: (i) use, reproduce, modify, adapt, translate, distribute, publish, profit from, license, sublicense, create derivative works from, and publicly display and perform all such Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Content. You acknowledge that the Company may or may not elect to provide attribution of your Content to you, at the sole discretion of the Company.  You further grant the Company the right to pursue at law any person or entity that violates your or the Company’s rights in the Content by a breach of these Terms of Use. You acknowledge and agree that all Content is non-confidential and non-proprietary.

Any Content submitted to the Website may be viewed or made available to other users of the Website. Do not submit Content if you do not want other users to have access to it. DO NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION IN VIOLATION OF ANY APPLICABLE LAW.

By using this Website, you also expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Website any of the following: (i) any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (ii) any Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), or the NASDAQ; (iii) any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) any Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the Company; (v) any Content that can be considered unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations; (vi) any Content that may constitute private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vii) viruses, corrupted data or other harmful, disruptive or destructive files; or (viii) any Content or links to Content that: (I) violates the previous subsections herein; (II) is objectionable; (III) restricts or inhibits any other person from using or enjoying the Website; or (IV) may expose the Company or its affiliates or its users to any harm or liability of any nature or kind.  The determination as to whether any of the foregoing prohibitions are violated shall be made by the Company in its sole and absolute discretion.

The Company takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. The Company is not liable for any statements, representations, or Content provided by its users in any public forum, interactive area, or any other area of the Website. Although the Company has no obligation to screen, edit, or monitor any of the Content posted to or distributed through the Website, the Company reserves the right, and has absolute discretion, to remove, screen, or edit, without notice, any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that: (i) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion, and exploitation of the Content by the Company or its licensees, successors and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (iv) you forever release the Company, and its licensees, successors and assigns, from any claims that you could otherwise assert against the Company by virtue of any such moral rights.

Company Products and Services.  This Website is a resource which is intended, but not promised or guaranteed, to be correct, complete and current.  All Information on this Website is subject to change at any time without notice. The Information that appears on this Website has been compiled in good faith by the Company solely for the purpose of providing information about the Company and the products and services that it offers. The Company and/or its content suppliers may make improvements and/or changes to the Information on this Website at any time, and the Company makes no commitment, and disclaims any duty, to have any of the Information updated at all times. Information displayed by the Company regarding products or services offered by Company represents only a solicitation of interest and not an offer. The Company explicitly reserves: (i) the right to stipulate terms for sale, license, or use of such products or services at the time they are ordered or purchased; and (ii) the right to withdraw or modify the products or services, to limit available quantities, or to decline an order or purchase.

All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by the Company. Nothing contained herein shall be construed as conferring, by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of the Company or any third party, except as expressly granted herein.

Disclosure of Information to Governmental Authorities.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Company’s systems and customers, or to ensure the integrity and operation of the Company’s business and systems, the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. The Company’s right to disclose any such information shall take precedence over any terms of the Company’s Privacy Policy.

DISCLAIMER AND LIMITATION OF LIABILITY.  THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE (COLLECTIVELY, THE “WEBSITE INFORMATION”) MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, ATTORNEYS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “THE WCCT COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND THE WCCT COMPANIES DO HEREBY DISCLAIM ALL LIABILITY FOR, ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ANY WAY RELATING TO THE WEBSITE INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL DESCRIPTIONS, STUDY RESULTS OR DATA, MEDICAL INFORMATION, OTHER INFORMATION RELATING TO ANY CLINICAL RESEARCH, OR ANY OTHER INFORMATION DISPLAYED ON THIS WEBSITE.

THE WCCT COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE WEBSITE INFORMATION FOR ANY PURPOSE. ALL WEBSITE INFORMATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY NATURE OR KIND. THE WCCT COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS, OR ANY EMAIL SENT FROM THE WCCT COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WCCT COMPANIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL THE WCCT COMPANIES, OR ANY ONE OF THEM, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR RELIANCE UPON OPINIONS, INFORMATION, DATA, OR OTHER MATERIALS APPEARING ON THIS WEBSITE, ANY COMPUTER VIRUSES, ANY WEBSITE INFORMATION OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE WCCT COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing limitation of liability reflects the allocation of risk between the parties. The limitations specified in these Terms of Use shall survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the WCCT Companies.

Indemnification.  You agree to defend and indemnify the WCCT Companies, and each of them, from and against any and all claims, threats, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, obligations, judgments, or other costs or expenses of any kind or nature, including, without limitation, reasonable legal and accounting fees, brought by third parties against the WCCT Companies, or any one of them, as a result of: (i) your breach of these Terms of Use or the documents referenced herein; (ii) your violation of any law or the rights of a third party; or (iii) your use of this Website or any of the Information contained therein.

Links to Third Party Sites.  This Website may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your use and reference only and your use of such links is at your own risk. We do not control such other websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

Software on the Website.  Unless otherwise specified, all materials on the Website are presented solely to provide information regarding, and to promote, the Company’s services, partners, and other products available in the United States and its territories. The Website is controlled and operated by the Company from its offices in the state of California in the United States. The Company makes no representation that any products, services, materials, or other items on the Website are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Also, the Website may contain software that is available for download from the Website (“Software”).  All of such Software is further subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or any other similar lists of any applicable governmental authority. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All Software is the copyrighted work of the Company, or its affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these Terms of Use and for no other purpose.

General.  This Website is operated by a U.S. entity and these Terms of Use are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in California and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against the Company arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in the state of California. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  You agree that no joint venture, agency, partnership, or employment relationship exists between you and the Company and/or its affiliates as a result of these Terms of Use or use of this Website.  Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms of Use shall continue in effect.  These Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and the Company with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and the Company with respect to this Website. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.  Any rights not expressly granted herein are reserved.

Terms of Service
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