Terms of Use
Last updated July 27, 2022.
TERMS OF USE OF WWW.THEWOWINSPIRATION.COM
This Site, www.thewowinspiration.com, is provided by SGST LLC, and its affiliates, subsidiaries, successors and assigns (collectively herein after “Provider”). By using the Site or any services provided in connection with or though the Site (the “Services”), you agree to abide by these Terms of Use, as they may be amended from time to time by Provider in its sole discretion. Any such changes shall be effective as soon as they are posted to the Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. Your continued use of the Site after any changes have been made to these Terms of Use have been made shall constitute of acceptance of the revised Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR PROVIDER’S PRIVACY POLICY PLEASE DO NOT USE THE SITE.
BY USING THIS SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
PRIVACY POLICY. Provider considers protecting your personal data very important, and has developed a Privacy Policy [http://www.thewowinspiration.com/privacy-policy] describing its data collection policies and practices, which is incorporated into these Terms of Use by reference as if set forth in its entirety herein.
CHILDREN. This Site is not designed or intended for use by children under the age of 13. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or to Provider.
REGISTRATION. If you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Provider immediately on any unauthorized use of your account, user name, or password. Provider shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Provider, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
OTHER TERMS. Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.
COMPLIANCE WITH LAWS. When accessing the Site or using the Service, you agree to obey the laws, regulations and ordinances of the United States of America and the jurisdiction where you are located. The Services are designed and intended for use in the United States of America only and any use by you outside of the United States of America is entirely at your own risk. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. Copyrights and Copyright Agent Provider respects the rights of all copyright holders. If you believe that your work has been copied and used on our Site in a way that constitutes copyright infringement, please provide Provider’s Copyright Agent the following information required by Section 512 of the Digital Millennium Copyright Act:
•A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; •Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line 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 Provider 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; and •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. Provider’s Copyright Agent may be contacted at: [webmaster@thewowinspiration.com].
TERMINATION OF SERVICE. Provider reserves the right to terminate the Service and or remove the Site at any time and without advance notice. Provider shall have no liability for any alleged or actual loss that results from such termination. Provider reserves the right, in its sole and absolute discretion, to terminate your use of the Service and/or the Site at any time and without advance notice. You agree that Provider or its representatives may access your account and records to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Provider has no obligation to notify you of such access or investigation unless required by law
NO WARRANTIES. PROVIDER HEREBY DISCLAIMS ALL WARRANTIES. PROVIDER IS MAKING THE SITE AVAILABLE ON A “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY. PROVIDER’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SITE OR ANY CONTENT OR SERVICES PROVIDED TO YOU BY THE PROVIDER OR THAT ARE AVAILABLE ON THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
THIRD PARTY SITES. Provider has no control over and shall have no liability for any third party websites or materials. Provider might, on occasion, link to internet sites operated by affiliates or other third parties. Because neither Provider nor the Site has control over the content and performance of these sites; Provider makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Provider assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content that is owned by third parties. You acknowledge and agree that Provider makes no guarantees about, and is not responsible for, the accuracy, currency, content, or quality of any services or downloads you receive from a third party through this site.
PROHIBITED USES. Provider may impose certain restrictions on user of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Provider in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
INDEMNITY. You agree to indemnify, defend, and hold harmless Provider, its affiliates, successors, assigns, officers, directors, employees, consultants, agents, members, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or in any way related to your use of the Site and the Service, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Provider will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the Commonwealth of Pennsylvania, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Cumberland County, Pennsylvania, USA in all disputes arising out of or related to these Terms of Use or your use of the Site or Service.
SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Provider or by any third party.
OWNERSHIP. All right, title and interest in and to the Site, the Service and the Content are and shall remain the intellectual property and copyrighted works of Provider and/or its licensors, and all rights not expressly granted to you with respect to the Site, the Service and Content shall be expressly reserved. Except as stated in these Terms of Use, no Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Provider or the respective owner.