THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE THE SITE (HTTPS://WWW.TOPADVISOR.COM) OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE (COLLECTIVELY KNOWN AS THE "SITE") OF WHEELHOUSE ENTERPRISES, INC. (“The COMPANY."), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE. WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON OUR SITE.
Links to Third Party Sites
The SITE may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of The COMPANY and The COMPANY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The COMPANY is not responsible for webcasting or any other form of transmission received from any Linked Site. The COMPANY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The COMPANY of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the SITE, you warrant to The COMPANY that you will not use the SITE for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SITE in any manner which could damage, disable, overburden, or impair the SITE or interfere with any other party's use and enjoyment of the SITE. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SITEs.
Use of Communications Services
The SITE may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The COMPANY has no obligation to monitor the Communication Services. However, The COMPANY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The COMPANY's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The COMPANY does not control or endorse the content, messages or information found in any Communication Service and, therefore, The COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The COMPANY spokespersons, and their views do not necessarily reflect those of The COMPANY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Content on the Site
The SITE includes a combination of content that we create, that our partners create, and that our users create. All materials published on the Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the proprietary property of the Company, its users or its licensors with all rights reserved. Except for your own content you may publish on the site that you have lawful right to, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Site in whole or in part.
Nothing contained on the SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this web site, through the use of framing or otherwise.
The Site contains content that we create as well as content provided by third parties. This content includes, among other things, product reviews, white papers, and stock quotes. We do not guarantee the accuracy, the integrity, or the quality of the content on the SITE, and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board, or feedback sections of the Site.
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Materials Provided to the Company or Posted on the Site
The COMPANY does not claim ownership of the materials you provide to The COMPANY (including feedback and suggestions) or post, upload, input or submit to any SITE or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The COMPANY, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The COMPANY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The COMPANY's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. The COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The COMPANY reserves the right, in its sole discretion, to terminate your access to the SITE and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Santa Clara County, California, U.S.A. in all disputes arising out of or relating to the use of the SITE. Use of the SITE is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The COMPANY as a result of this agreement or use of the SITE. The COMPANY's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The COMPANY's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SITE or information provided to or gathered by The COMPANY with respect to such use. If any part of this agreement 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 remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The COMPANY with respect to the SITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The COMPANY with respect to the SITE. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the SITE are: © 2009-2015 of the COMPANY or its suppliers. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
Notices and Procedure for Marking Claims of Copyright Infringement
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the SITE or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement at firstname.lastname@example.org, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.