Terms & Conditions - Everything4Wii.com

End User Agreement These Terms and Conditions (“Terms and Conditions”) govern your use of the everything4wii.com website (“Website”) and all purchases you make from everything4wii.com (“we” “us”). Please read these Terms and Conditions carefully before using the Website. By using the Website, or placing an order with us, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the everything4wii.com site or place an order with us. 1. ACCESS TO THE DATABASE. When you place an order with us, everything4wii.com grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases (our “Products”), solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use. You agree to use our Products only for lawfully permitted reasons. You further agree that publishing such data by us will cause you no personal, emotional, or financial harm whatsoever. By visiting our Website and using our Products, you hereby acknowledge that you have read and agree to these Terms and Conditions. 2. GENERAL RESTRICTIONS. You agree to use our Products only for appropriate, legal, non-commercial purposes, and in compliance with all applicable federal, state and local laws and regulations. Unauthorized hypertext links to the everything4wii.com site and the framing of any content available through the everything4wii.com site. everything4wii.com reserves the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through everything4wii.com and its affiliated websites to anyone without the express prior written consent of everything4wii.com. 3. PAYMENT. 3.01 You agree that by purchasing a Product, you are purchasing access to our database searches and tools. You agree to pay using a valid credit card and affirm that you are authorized to use such credit card. We reserve the right to suspend use of the Website and/or Products to any delinquent account without notice. You agree to provide us with accurate payment information. In an effort to protect against fraud and misuse of our Website and Products, we actively analyze purchases, attempted purchases, high-volume search activity, and use of the Website to help us identify and block individuals suspected of misuse and/or fraudulent activity from using the Website and our Products in the future. Similarly, we may use that information, in conjunction with our security partners and / or law enforcement to assist those we reasonably believe to have been victimized by such fraudulent use of the Website and Products. We may share data (including, but not limited to, suspect credit card numbers, email addresses, IP addresses, etc. and searches conducted) with credit card and other payment processors, and law enforcement, in an effort to reduce fraud. You consent to the provision of this information (including keyword search data) for such investigative purposes. You further agree to fully cooperate with all audits and investigations of our customers and systems. For more information about our privacy practices, please visit our privacy policy at http://www.everything4wii.com/privacypolicy.html. 4. FRAUD WARNING: Persons who intentionally gain access to this site with no intention of paying for our Products, and later dispute the charge with their credit card company and/or refuse to pay the charge, are committing fraud and are subject to criminal and civil litigation under interstate commerce laws. If you don't have any intention of paying for your purchase or membership, don't sign up! 5. GUARANTEE. Our products are sold as is and as such have a strict NO REFUND POLICY 6. PRIVACY. everything4wii.com will never sell or distribute your information in any way. We do not collect data on our customers. You may unsubscribe from any of our mailing lists with one click. 7. LINKS. We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties. 8. TERMINATION. everything4wii.com may terminate or suspend access to this Website, our Products and your everything4wii.com account immediately, without prior notice or liability, if you breach any of these Terms and Conditions. Upon termination, your right to use our Website and Products will immediately cease. If you wish to terminate your everything4wii.com account, you may simply discontinue using our Website and Products. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, Sections 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, and 15. 9. DISCLAIMER OF WARRANTIES. The information is provided "AS-IS" and neither everything4wii.com nor any of our data suppliers represents or warrants that the information is current, complete or accurate. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE OR OUR PRODUCTS, AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL everything4wii.com BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE everything4wii.com WEBSITE OR A LINKED SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY INJURY OR DAMAGE THAT YOU MAY CAUSE TO YOURSELF, OTHERS, OR PROPERTY WHEN USING OUR WEBSITE, OR OUR PRODUCTS. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WIN THE 12 MONTHS PRECEDING ANY CLAIM. 10. INDEMNIFICATION. You agree that you shall indemnify, defend and hold harmless everything4360.com, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Products against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Products and your use or distribution of any information obtained therefrom. We will promptly notify you of any such claim. 11. AMENDMENTS TO TERMS AND CONDITIONS. We have have the right to amend these Terms and Conditions at any time and without notice to you. We will post those amendments here and such amendments shall be effective immediately upon posting. You agree to review the Website periodically to be aware of any such amendments. Your continued use of the Website and/or Products after such amendments have been made shall constitute acceptance of the amendments. everything4wii.com 12. MISCELLANEOUS. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions are not assignable, transferable or sublicensable by you except with everything4wii.com's prior written consent. We may transfer, assign or delegate these Terms and Conditions and its rights and obligations without consent. These Terms and Conditions shall be governed by and construed in accordance with the appropriate laws. 13. TRADEMARKS. everything4wii.com, and other everything4wii.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of everything4wii.com in the U.S. and/or other countries. everything4wii.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.