1. ACCEPTANCE OF TERMSThe services that eWoss.com (doing business as and referred herein as "eWoss")
provides to User is subject to the following Terms of Use ("TOU"). eWoss
reserves the right to update the TOU at any time without notice to User. The
most current version of the TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of our Web pages. - This Agreement, which incorporates by reference other provisions applicable to
use of eWoss, including, but not limited to, supplemental terms and conditions
set forth hereof ("Supplemental Terms") governing the use of certain specific
material contained in eWoss, sets forth the terms and conditions that apply to
use of eWoss by User. By using eWoss (other than to read this Agreement for the
first time), User agrees to comply with all of the terms and conditions hereof.
The right to use eWoss is personal to User and is not transferable to any other
person or entity.
- eWoss shall have the right at any time to change or discontinue any aspect or
feature of eWoss, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. CHANGED TERMSeWoss shall have the right at any time to change or modify the terms and
conditions applicable to User's use of eWoss, or any part thereof, or to impose
new conditions, including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on eWoss, or by electronic or conventional mail, or by any
other means by which User obtains notice thereof. Any use of eWoss by User
after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions. 3. DESCRIPTION OF SERVICESThrough its Web property, eWoss provides User with access to a search toolbar
for Internet Explorer (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU. 4. IMPACT OF SERVICESBy installing the Services provided by eWoss user understands and agrees that
the following changes may be made to the User Internet Explorer and the
following functions may be performed 1) store IP address of User 2) block
certain pop-up ads and pages 3) open a new window to display search results
each time you search 4) Auto Complete 5) keep a search history in a drop-down
list under the search box 6) automatically run a search when you select from
the search history 7) run search drag automatically 8) show descriptive text
for search 9) show word-find buttons 10) automatically update the Service and
install added features conveniently without User interaction. If at anytime you wish to uninstall the Service, you can remove it from the
Add/Remove Programs function of Microsoft Windows. To uninstall the eWoss
toolbar, please follow the directions below: - Click on the Start Button at the lower left-hand corner of your computer
screen. Select the Settings option. Next select the Control Panel option.
Windows XP users will find the Control Panel option directly from the Microsoft
Windows Start Menu.
- After the Control Panel window opens, double-click on the Add/Remove Programs
Icon.
- After the Add/Remove Programs window opens, find the listing for "eWoss
Toolbar" in the list of Programs.
- Click on the "eWoss Toolbar" listing in the list. Next choose the option to
Change/Remove the program.
- Follow the rest of the directions to finish the uninstall of the eWoss Toolbar.
5. USER CONDUCT- eWoss contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of eWoss are copyrighted as
a collective work under the United States copyright laws. eWoss owns a
copyright in the selection, coordination, arrangement and enhancement of such
content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. User may
download copyrighted material for User's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of eWoss and the copyright
owner. In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. User acknowledges that it
does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on eWoss any material
protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. By submitting material to any
public area of eWoss, User automatically grants, or warrants that the owner of
such material has expressly granted eWoss the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that may exist
in such material. User also permits any other User to access, view, store or
reproduce the material for that User's personal use. User hereby grants eWoss
the right to edit, copy, publish and distribute any material made available on
eWoss by User.
6. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITEAny software that is made available to download from the Services ("Software")
is the copyrighted work of eWoss and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement
terms. The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the software to any
other server or location for further reproduction or redistribution is
expressly prohibited, unless such reproduction or redistribution is expressly
permitted by the license agreement accompanying such software. The software is
warranted, if at all, only according to the terms of the license agreement.
Except as warranted in the license agreement, eWoss hereby disclaims all
warranties and conditions with regard to the software, including all warranties
and conditions of merchantability, whether express, implied or statutory,
fitness for a particular purpose, title and non-infringement. For your convenience, eWoss may make available as part of the services or in its
software products, tools and utilities for use and/or download. eWoss does not
make any assurances with regard to the accuracy of the results or output that
derives from such use of any such tools and utilities. Please respect the
intellectual property rights of others when using the tools and utilities made
available on the services. 7. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE In no event shall eWoss and/or its respective suppliers be liable for any
special, indirect or consequential damages or any damages whatsoever resulting
from loss of use, data or profits, whether in an action of contract, negligence
or other tortious action, arising out of or in connection with the use or
performance of software, documents, provision of or failure to provide
services, or information available from the services. 8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY- User expressly agrees that use of eWoss is at user's sole risk. Neither eWoss,
its affiliates nor any of their respective employees, agents, third party
content providers or licensors warrant that eWoss will be uninterrupted or
error free; nor do they make any warranty as to the results that may be
obtained from use of eWoss, or as to the accuracy, reliability or content of
any information, service, or merchandise provided through eWoss.
- eWoss is provided on an "as is" basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of title or
implied warranties of merchantability or fitness for a particular purpose,
other than those warranties which are implied by and incapable of exclusion,
restriction or modification under the laws applicable to this agreement.
- This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortious behavior, negligence, or under any
other cause of action. User specifically acknowledges that eWoss is not liable
for the defamatory, offensive or illegal conduct of other users or
third-parties and that the risk of injury from the foregoing rests entirely
with user.
- In no event will eWoss, or any person or entity involved in creating, producing
or distributing eWoss or the eWoss software, be liable for any damages,
including, without limitation, direct, indirect, incidental, special,
consequential or punitive damages arising out of the use of or inability to use
eWoss. User hereby acknowledges that the provisions of this section shall apply
to all content on the site.
- In addition to the terms set forth above neither, eWoss, nor its affiliates,
information providers or content partners shall be liable regardless of the
cause or duration, for any errors, inaccuracies, omissions, or other defects
in, or untimeliness or unauthenticity of, the information contained within
eWoss, or for any delay or interruption in the transmission thereof to the
user, or for any claims or losses arising therefrom or occasioned thereby. None
of the foregoing parties shall be liable for any third-party claims or losses
of any nature, including, but not limited to, lost profits, punitive or
consequential damages.
9. LINKS TO THIRD-PARTY SITESVarious links will allow you to leave the eWoss website. The linked sites are
not under the control of eWoss, and eWoss is not responsible for the contents
of any linked site or any link contained in a linked site, or any changes or
updates to such sites. eWoss is not responsible for webcasting or any other
form of transmission received from any linked site. eWoss is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by eWoss of the site. eWoss is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, eWoss has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Users or
any other user of eWoss, are those of the respective author(s) or
distributor(s) and not of eWoss. Neither eWoss nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through eWoss represents the opinions
and judgments of the respective information provider, User, or other user not
under contract with eWoss. eWoss neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on eWoss by
anyone other than authorized eWoss employee spokespersons while acting in their
official capacities. Under no circumstances will eWoss be liable for any loss
or damage caused by a User's reliance on information obtained through eWoss. It
is the responsibility of User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through eWoss. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other
content. 10. UNSOLICITED IDEA SUBMISSION POLICYeWoss or any of its employees do not accept or consider unsolicited ideas,
including ideas for new advertising campaigns, new promotions, new products or
technologies, processes, materials, marketing plans or new product names.
Please do not send any original creative artwork, samples, demos, or other
works. The sole purpose of this policy is to avoid potential misunderstandings
or disputes when eWoss's products or marketing strategies might seem similar to
ideas submitted to eWoss. So, please do not send your unsolicited ideas to
eWoss or anyone at eWoss. If, despite our request that you not send us your
ideas and materials, you still send them, please understand that eWoss makes no
assurances that your ideas and materials will be treated as confidential or
proprietary. 11. INDEMNIFICATIONUser agrees to defend, indemnify and hold harmless eWoss, its affiliates and
their respective directors, officers, employees and agents from and against all
claims and expenses, including attorneys' fees, arising out of the use of eWoss
by User or User's Account. 12. TERMINATIONEither eWoss or User may terminate this Agreement at any time. Without limiting
the foregoing, eWoss shall have the right to immediately terminate User's
Account in the event of any conduct by User which eWoss, in its sole
discretion, considers to be unacceptable, or in the event of any breach by User
of this Agreement. 13. MISCELLANEOUSThis Agreement and any operating rules for eWoss established by eWoss constitute
the entire agreement of the parties with respect to the subject matter hereof,
and supersede all previous written or oral agreements between the parties with
respect to such subject matter. This Agreement shall be construed in accordance
with the laws of the State of Kansas, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given
any legal import. 14. COPYRIGHT NOTICEeWoss and its logos are trademarks of Wasinger Tech, LLC. All rights reserved.
All other trademarks appearing on eWoss are the property of their respective
owners. Any rights not expressly granted herein are reserved. |