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whos.amung.us Inc.
(Last Updated - Apr 29, 2020)
1. Acceptance of the Terms and Conditions.
1.1 whos,amung.us Inc., (herein referred to as the "Company," "we," "us" or "our") provides and makes available this web site and all associated services (the "Web Site"). All use of this Web Site is subject to the terms and conditions contained in these Terms of Use (the "Terms") or "TOU". PLEASE READ THIS PAGE CAREFULLY. BY ACCESSING, BROWSING OR USING THIS WEB SITE AND ITS PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEB SITE.
1.2 You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the "Terms of Use" link on (various pages of) the Web Site. The revised Terms will become effective at the time of posting. If any change to these Terms is not acceptable, your sole remedy is to discontinue your use of the Web Site. Any use of the Web Site after the posting of any revised Terms shall constitute by you of such revised Terms.
1.3 "Services" here by refer to any service or product that whos.amung.us Inc. offers to its clients/users.
2. Use of the Web Site.
2.1 This Web Site contains material, such as software, company products, text, graphics, images and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others.
2.2 The Content is protected by copyright under Canadian laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under these Terms. No other use is permitted without prior written consent from us, which consent we may withhold at our sole discretion. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Web site or in a networked computer environment for any purpose is expressly prohibited.
2.3 Subject to your compliance with these Terms, and except to the extent otherwise expressly provided in an additional agreement between you and the Company, if any, you are granted a limited non-exclusive, non-transferable, non-sub licensable, and revocable license to access, download and copy the Content or any part of the Web Site only for your own personal and non-commercial use. As between you and us, we retain all right, title and interest in and to all Content and this Web Site, except for the limited license granted to you hereunder.
2.4 The trademarks, service marks, and logos of the Company (the "Company Trademarks") used and displayed on this Web Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Web Site may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with the Company Trademarks, the "Trademarks"). Nothing on this Web Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this Web Site, without the prior written permission of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by the Company in writing. All goodwill generated from the use of any Company Trademark inures to our benefit.
2.5 The Web Site may contain links to third-party web sites ("External Sites"). These links, if any, are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
2.6 This Web Site may contain references to products, services, and programs offered by the Company which have not been announced in your country. These references do not imply or guarantee that the Company intends to or will announce such products, services or programs in your country.
2.7 Should you respond to the Company with information, feedback, data, questions, comments, suggestions or the like regarding the Content or the Web Site or any other information provided, supplied or released by the Company, any such response shall be deemed by the Company to be non-confidential, and the Company shall be free to reproduce, use, disclose and distribute the response in any manner without limitation and without prior approval by you. You agree that the Company shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques. You further agree that the Company shall not be obligated to identify or otherwise attribute to you any information, ideas, concepts or techniques contained in your response and used by the Company.
2.8 The provided widget code cannot be freely modified without the Company's consent; doing so will result in termination of services to the client/user. In addition, the product/widget graphic must be displayed at all times on the client/user website, failure to do so will result in termination of services to the client/user. Embedding the widget code in a hidden div, iframe, or any such similar action may result in termination of services without warning.
2.9 The provided widget code is not to be embedded in emails, doing so is grounds for termination of services, without warning.
3.0 The Company may, at its sole discretion, at any time, add, remove, or modify features of the services provided by The Company, with or without notice to end users. Services/features/functionality may be added, removed, or modified at any given time with or without notice. Services/features/functionality may be added or removed that affect the way the widget code behaves on a given page that it is embedded on. The Company may at its sole discretion allow 3rd parties, entered into a business relationship with The Company, access its systems/networks/products/services in order to provide services/features/functionality to end users on top of the services provide by The Company. End users may contact The Company to opt out of services provided by The Company or its partners, provided there is an opt out plan for that particular service.
3. Disclaimer of Warranties.
3.1 THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
3.2 THE COMPANY PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEB SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
3.3 THE WEB SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
3.4 If you are a US citizen, do understand that some states do not allow exclusion of implied warranties, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Limitation of Liability
4.1 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.2 If you are a US citizen, do understand that some states do not allow the limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5. CLIENT USE LIMITATION.
5.1 Unless otherwise specified, the Services (as specified above) of whos.amung.us Inc. are for client use only. Unless otherwise specified, as a client or anyone else, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Products of whos.amung.us Inc. All code/products/services designed to be implemented on your website(s)/webpage(s) must be implemented as provided by whos.amung.us Inc. No code (HTML/Javascript/CSS/or others) supplied by whos.amung.us Inc. (the Tracking Code) may be hidden, changed, or modified in any way from its original format. whos.amung.us Inc. may, at its sole discretion, terminate Services for any reason what so ever.
6. NO UNLAWFUL OR PROHIBITED USE.
6.1 As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any whos.amung.us Inc. server(s), or the network(s) connected to any whos.amung.us Inc. server(s), or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any whos.amung.us Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
7.1 If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify whos.amung.us Inc. immediately of any unauthorized use of your account or any other breach of security. whos.amung.us Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by whos.amung.us Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
8. Indemnification.
8.1 You agree to defend, indemnify, and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content or Web Site. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting the Company's defense of such matter.
9. Termination of the Agreement.
9.1 Termination. The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Web Site or the Content, at any time and for any reason in its absolute and sole discretion, without prior notice or liability. The Company reserves the right to change, suspend, or discontinue all or any part of the Web Site or the Content at any time without prior notice or liability. Without limiting any of the foregoing, if you violate any part of these Terms, your permission to access and/or use the Content and Web Site automatically terminates and you must immediately destroy any copies you have made of the Content.
9.2 Survival. If these Terms are terminated, Sections 3, 4, 5, 6, 9 and 10 shall survive the termination of these Terms.
10. No Framing.
10.1 Except as otherwise expressly permitted under Section 2 above, elements of the Web Site are protected by trade dress, trademark, unfair competition, and other province and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors. None of the Content for this Web Site may be retransmitted without express written consent from us for each and every instance.
11. User Must Comply with Applicable Laws.
11.1 This Web Site/Company is based in Calgary, Alberta, Canada. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Canada. If you access the Web Site or the Content from outside of Canada, you do so at your own risk. Whether inside or outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11.2 Canada controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
11.3 The material, Services of whos.amung.us Inc. are all copyrighted whether stated or not and thus are fully protected by Copyright laws and International treaties.
12. Miscellaneous. These Terms are governed by the internal substantive laws of the Alberta Government, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the provincial and federal courts sitting in the City of Calgary in the Province of Alberta. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of the Company to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against the Company unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Company and you, these Terms constitutes the entire Agreement between you and the Company with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicenses.
13. NOTICES OF COPYRIGHT INFRINGEMENT.
14.1 If you encounter any sign of Copyright Infringement against whos.amung.us Inc., report it immediately to the company.
COPYRIGHT NOTICE.
Copyright © 2007-2024 whos.amung.us Inc., Alberta, Canada. All rights reserved.
Copyright Infringement.
While we do not host any user generated material, we do occasionally receive requests for takedown of material under DMCA or similar laws due to links appearing on our site to other sites. If you have a stats account with us we may block your account if we receive a notice of this manner. We may be contacted for anything related to this manner.
