Terms of Use

WILLCO TECH User Agreement

Last Updated: March 9, 2020

This is the User Agreement for WILLCO TECH (the “Site”), which is operated by The SaaS Factory (“we,” or “us”).

Your use of the Site is only on the condition that you agree to abide by the following terms:

BY YOUR USE OF THE SITE, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE TERMS OF THIS END USER AGREEMENT (EUA) AND THE TERMS OF OUR PRIVACY POLICY.

Changes to the EUA

WILLCO TECH reserves the right to change or modify this EUA or any additional terms at its sole discretion at any time. If you do not agree to the modified terms of the EUA for the Site, you should discontinue your use, because your continued participation constitutes binding acceptance of the modified EUA. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement.

Restrictions on Participation
Do not misuse the Site or any of the content provided on the Site. You may not interfere with the presentation or delivery of the content on the Site or try to access the Site using any method other than the interface and the instructions that we provide.

As a condition of accessing the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site other than as expressly allowed under this EUA; (b) use WILLCO TECH’S name, trademarks, server, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.

Intellectual Property
All content or other materials available on the Site, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of WILLCO TECH and/or its affiliates or licensors, and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws.

In consideration of your agreement to the EUA, WILLCO TECH grants you a personal, non-exclusive, non-transferable license to access and use the Site. You may not commercially exploit content from the Site, nor may you distribute derivative works from the material on the Site. The burden of determining that your use of any information, software, or any other content on the Site is permissible rests with you.

Rules for Online Conduct
You agree to use the Site in accordance with all applicable laws. You agree that you will not use the Site for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site:

Content that defames, harasses, or threatens others
Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets
Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties
Material that contains obscene (i.e., pornographic) language or images
Advertising, promotional materials, or any form of commercial solicitation
Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing)
Content that otherwise harms other users or visitors to the Sites
Content that is otherwise unlawful or that violates any applicable local, state, national or international law.

Although WILLCO TECH will not routinely screen or monitor content potentially posted by users to the Site, WILLCO TECH reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).

Notice of Copyright Infringement
We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent for notice of claims of infringement on the Site is:

Copyright Agent
WILLCO TECH
17 South Main St, Suite 201
Akron, Ohio 44308
Phone: (816) 842-6262
Fax: (330) 294-4887
Email: [email protected]

This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Links, Frames, and Metatags
You may link to the homepage of the Site for non-commercial purposes as long as the link does not cast us in a false or misleading light. This limited right may be revoked at any time, subject to our sole discretion.

You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the WILLCO TECH trademarks or our name without our expressed prior written consent.

Links to Other Websites
The Site may contain links to other websites. This Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.

Disclaimer and Limitation of Liability
WILLCO TECH will host and provide the Site using a commercially reasonable level of skill and care. That said, THE SITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WILLCO TECH DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. WILLCO TECH DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILLCO TECH DOES NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED. WILLCO TECH DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. WILLCO TECH DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT WILLCO TECH WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS EUA OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.

EXCEPT AS PROHIBITED BY LAW, WILLCO TECH WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS EUA, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. WILLCO TECH’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE SITE WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS EUA REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WILLCO TECH, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR THE SAAS FACTORY’S ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification
You agree to indemnify, defend, and hold harmless WILLCO TECH and its affiliates, officers, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site in violation of the EUA; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Site, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Termination Rights
You agree that WILLCO TECH, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason, and that WILLCO TECH or The SaaS Factory shall not have any liability to you for any such action.

General Legal Terms
We may modify this Agreement from time to time. If you do not agree to the changes, stop using our Site before the changes take effect. Your use of the Site after the effective date of any changes means that you agree to the changes.

If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.

Subject to Disclaimer and Limitation of Liability section above, in any dispute with us, your sole remedy is to stop using the Site. This includes any dispute related to, or arising out of: (1) any term of this Agreement or our enforcement or application of this Agreement; (2) any of our policies or practices, including our Privacy Policy, or our enforcement or application of these policies; (3) the content available on the Site or the Internet or any change in content provided by us; (4) your ability to access or use the Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Ohio and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF OHIO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF OHIO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Site.

WILLCO TECH User Agreement

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