TERMS OF USE AGREEMENT

Please read these terms of use (Use Agreement*) carefully.  By accessing and using the Western & English Sales Association (WESA) website (Site*) and services therein, you agree to be bound by this Use Agreement and by all terms, policies and guidelines incorporated by reference.  If you are using the Site on behalf of any entity, you further represent that you are authorized to accept this Use Agreement on such entity’s behalf.  If you do not wish to be bound by these terms and conditions, you should not access or use this Site.

REGISTRATION DATA AND ACCOUNT SECURITY

In consideration of your use of the Site, you agree to:  (1) accurate, current, and complete information about you as may be prompted by any forms on the site; (2) to maintain the confidentiality and security of your password and user name; (3) maintain and promptly update the data you provide to WESA , to keep it accurate, current and complete; (4) notify WESA immediately of any unauthorized use of your account; (5) accept all risks of unauthorized access to information, you have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site ; and (6) accept all responsibility for any and all activities that occur under your account.

INTELLECTUAL PROPERTY AND USE OF SITE CONTENT

Any unauthorized downloading or distribution of any copyrighted material from this Site or other websites to which we link, without the copyright owner’s express written permission, is strictly prohibited.

Unless otherwise noted, materials on Site are the copyrighted property of WESA and may not be reproduced, modified, published, transferred, sold or distributed, in whole or in part, without the express permission of WESA.  Additionally, materials on the Site may not be used to create any other publications, online services or websites without the prior express written consent of WESA. To the best of our knowledge, materials on any site to which we link are those of its copyright owner.

RULES OF CONDUCT

As a condition of your use of the Site, you will not, directly or indirectly, use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws., including any use that interferes with or violates the rights of others, such as infringing any copyright or trademark; or circumvents or compromises security or authentication associated with the Site.

You further agree that you will not use this site as a means to distribute advertising or other unsolicited material to any third party.

 

 

INDEMNIFICATION

By using this Site, you agree to defend, indemnify and hold harmless WESA, its Directors, employees, agents, third party providers and independent contractors against any claims, suits, damages, costs, liabilities and expenses, including, but not limited to, reasonable attorneys’ fees, arising out of or related to your use or inability to use the Site, your breach or alleged breach of the terms of this Use Agreement, or of any representation or warranty contained herein, and/or your unauthorized use of distribution of the content of the Site, or your violation of any rights of any third party.

DISCLAIMER

WESA provides the information on its web sites as a service to our members and other Internet users.  The content of the pages of this Site is for your general information and use only.  It is subject to change without notice.  WESA makes no warranty or guarantee concerning the accuracy or reliability of any content on its Site or the websites to which we link.

WESA may occasionally update this Use Agreement.  WESA encourages users to periodically review this Use Agreement.

LIMITATION OF LIABILITY

WESA makes every effort to keep this Site available at all times.  However, loss or internet connectivity or failures or hardware or software may still occur.  WESA cannot guarantee the availability of its Site and the information, software, and other materials available or accessible through this Site.  For these reasons, availability is on an “as is” and “and available basis” without warranties of any kind, either express or implied.  WESA does not warrant that the Site services will be error free or uninterrupted, or that any material available or accessible through the Site is free of viruses, worms, Trojan horses, or other harmful components.

In no event shall WESA, its Directors, employees, affiliates, agents, third party providers and independent contractors be liable for any direct, special, indirect, punitive or consequential damages, or any other damages of any kind, including, but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, your reliance on or use of information, products, or services provided on or accessible through the Site., or the content, mistakes, , interruptions, deletion of files or e-mail, errors, defects, viruses, delay or failure to performance, whether or not resulting from acts of God, communications failure, theft, or destruction. 

This Use Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and the federal laws of the United States of America, (USA).  Any claim relating to this Use Agreement shall be brought in a federal or state court in Denver, Colorado, within one year after the claim arises.  Users of the Site consent to the exclusive jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning the Site and this Use Agreement.