WESTWARD LEANING, INC.
Effective date: October 30, 2017
Welcome to Westward Leaning. Please read on to learn the rules and restrictions that govern your use of our website(s), Content (defined in Section D below), products, services, User Submissions (defined in Section E below) and our downloadable applications (collectively, the ”Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected] or by mail at 520 Hampshire St Suite 213 San Francisco, CA 94110.
To use the Services, you must agree to and accept all of the Terms. If you do not agree to all of the Terms, you won't have the right to use the Services, and you won't be allowed to use the Services in any manner. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
1. Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.westwardleaning.com website, and/or by sending you an email, and/or by some other means. The Effective Date above indicates the most recent update to the Terms.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes, and it also means that the updated Terms govern all of your uses of the Services. You understand and acknowledge that we shall only be posting the most recent version of these Terms on our website(s), that you are bound by the most recent version of these Terms at any time you use the Services, and, therefore, you agree that it is your responsibility to review these Terms on a regular and frequent basis.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us without first obtaining the consent of your parent(s) or guardian, who may register for the Services on your behalf and who will be responsible for your use of the Services. If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information without parental consent, please contact us at [email protected].
B. What are the basics of using the Services?
You may visit the website(s) without registering for the Services. However, if you desire to make a purchase or make any other use of the Services, you will be required to sign up for an account, and select a password and user name (“Westward Leaning User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Westward Leaning User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You agree that you will not share your account or password with anyone, and you agree that you will protect the security of your account and your password.
You represent and warrant that you are an individual of legal age to form a binding contract (which in most U.S. States means you are over 18 years of age) (or, if you are not more than 18 years old, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You’re responsible for any activity associated with your account. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
C. Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (defined in Section D below), use any Content (defined in Section D below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of Westward Leaning or of any other person or entity; and/or
- Violates any law or regulation; and/or
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise jeopardizes the security of your Westward Leaning account or anyone else’s; and/or
- Attempts, in any manner, to obtain the password, account, or other security information of any other user of the Services; and/or
- Violates the security of any computer network, or cracks any passwords or security of any other computer or computer network; and/or
- Runs Maillist, Listserv, any form of auto-responder or “spam’ on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); and/or
- “Crawls,” “scrapes,” or ”spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); and/or
- Copies or stores any significant portion of the Content; and/or
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Content or the Services; and/or
- Makes unauthorized or unlicensed use of any Content or the Services; and/or
- Is in any way objectionable to Westward Leaning in its sole discretion and judgment; and/or
- Violates or potentially violates these Terms.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN OUR SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY AND/OR LIABILITY FOR DAMAGES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEY’S FEES) INCURRED BY WESTWARD LEANING IN ENFORCING ITS RIGHTS AGAINST YOU UNDER THIS AGREEMENT.
1. What is Content?
The materials published, distributed, displayed, or performed, or made available on or through the Services, including, but not limited to, text, graphics, data, information, files, scripts, designs, icons, articles, photos, images, illustrations, audio clips and tracks, music, sounds, pictures, videos, advertising copy, URLs, software, interactive features, the look-and-feel, the layout and arrangement of materials, all copyrightable materials, trademarks, service marks, logos, trade names, and any other forms of intellectual property accessible through the Services are all collectively defined as “Content.”
Content is protected by the intellectual property laws of copyright, trademark, patent, trade secret, and/or by other applicable laws.
Content is part of, and included in, the definition of the Services.
2. Ownership of Content.
All Content is either owned by Westward Leaning or controlled by Westward Leaning through licenses granted to us by our licensors. All right, title, and interest in and to the Content available via the Services is the property of Westward Leaning or of its licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property and unfair competition laws. In addition to our copyright ownership of the Content, Westward Leaning owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content available via the Services. “Intellectual Property Rights,” as used in this Agreement, means any and all rights belonging to Westward Leaning and existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between you and Westward Leaning, Westward Leaning retains all respective titles, interests, and ownership in the Content, and you understand and acknowledge that neither you nor any other user of the Services acquires any ownership in any Intellectual Property Rights regarding the Content under these Terms.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you acknowledge and agree that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content (i) without our consent obtained both in advance and in writing or (ii) in a way that violates these Terms.
You understand and agree that Westward Leaning owns the Services. You acknowledge and agree that you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply: they do!
3. Our Limited Content License Granted to You.
Subject to your strict compliance with these Terms, Westward Leaning grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the “Limited Content License”) to do the following with the Content:
(a) download (for temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in any form, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Access Device”) for your personal, non-commercial use only; and
(b) use certain Content that we may make available through the Services explicitly for you for your use as part of a User Submission (defined in Section E below), which Content is defined hereinafter as “Westward Leaning Licensed Elements,” but your use of the Westward Leaning Licensed Elements must be restricted to only such purposes as may be explicitly stated at the time that the Westward Leaning Licensed Elements are made available through the Services.
You acknowledge and agree that the foregoing Limited Content License does not give you any ownership of, or any other intellectual property interest in, any Content, and we reserve the right to suspend or terminate, at any time and for any reason, your Limited License without any advance notice to you, and without any liability. This Agreement includes only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Westward Leaning. Any unauthorized or unlicensed use of any Content for any purpose is strictly prohibited.
4. You Must Respect the Rights of Others.
In using the Services, you must respect the rights of others. Your unauthorized use of Content may violate rights owned by us or by our licensors, and/or your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws. If you make unauthorized use of Content owned by Westward Leaning or its licensors or of materials owned by a third party, your use may result not only in the termination or suspension of your account, but also in personal liability for you, as well as potential criminal liability.
5. Third-Party Websites.
The Services may provide links to other websites operated by third parties who are not related to, affiliated with, or endorsed by Westward Leaning. Because we have no control over such third-party websites, you understand and acknowledge that Westward Leaning is not responsible for the availability of such websites and bears no responsibility or liability whatsoever for any content, advertising, services, products, or other materials on or available from such websites. Accordingly, you acknowledge and agree that Westward Leaning shall have no responsibility or liability, directly or indirectly, for any damage or loss suffered by you and caused directly or indirectly by such third-party websites. Further, you understand, acknowledge, and agree that these Terms do not apply to third-party websites and that your use of such websites is subject to the terms and conditions and policies of the owner or owners of such third-party websites.
E. User Submissions.
1. User Submissions Defined.
Anything you post, upload, share, submit, store, publish, display, distribute or otherwise provide through the Services, including messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, articles, information, content, ratings, reviews, data, questions, personally identifiable information, or other information or materials and the ideas contained therein is your “User Submission.” Subject to the rights and license you grant to us in these Terms (see below), you retain whatever legally cognizable right, title, and interest that you have in your User-Submissions.
You understand and acknowledge that Westward Leaning has no obligation to monitor or enforce your intellectual property rights in your User Submissions.
2. User Submissions Are Not Private or Confidential
Some User Submissions are viewable by other users. You may have the right to share your User Submissions with others whom you select, in accordance with the available privacy settings or with other features that we make available.
3. The License You Grant to Us Regarding Your User Submissions.
You hereby grant to Westward Leaning a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User Submissions for any purpose whatsoever, in all formats, on or through any media, software, formula, or medium now known or yet to be developed in the future, and with any technology or devices now known or yet to be developed in the future. Without limitation, the rights you are granting to us extend to any personal stories or testimonials that you share as User Submissions, including the rights to:
(a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify (for technical purposes, for example, making sure your content is viewable on an iPhone as well as a computer), reformat, edit, adapt, publish in searchable format, and combine your User Submissions with other materials; and
(b) remove such User Submissions and combine same with other materials; and
(c) feature, emphasize, or make conspicuous any User Submissions in our sole discretion; and
(d) use any ideas, concepts, know-how, or techniques contained in your User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services, without any further obligation to you of any kind; and
(e) manage your User Submissions on the Services; and
(f) refrain from making any use of your User Submissions.
You grant Westward Leaning the right to protect and enforce its licensed rights to your User Submissions, including the right to bring and control enforcement actions in your name and on your behalf at Westward Leaning’s cost and expense, and to initiate such enforcement action without consulting you ahead of time. You hereby consent and irrevocably appoint Westward Leaning as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest, for the enforcement of Westward Leaning’s licensed rights to your User Submissions.
In order to further effect the rights and license that you grant to us to use your User Submissions, you hereby waive any moral rights (including right of attribution and right of preservation of the integrity of your User Submissions) that you may have in any User Submissions, even if they is altered or changed by us in a manner not agreeable to you. You understand that you will not receive any fees, sums, consideration, royalties, or remuneration for any of the rights granted in this Section because, you understand and acknowledge, you are granting this license to your User Submissions as a pre-condition to your use of the Services.
Westward Leaning may, but has no obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Submissions, and Westward Leaning may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of your User Submissions without notice to you and without any liability to you or any third party. Westward Leaning reserves the right to treat User Submissions as content stored at the direction of Users for which Westward Leaning will not exercise any control except to block or remove content that comes to Westward Leaning's attention and is offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, infringing, illegal or otherwise objectionable in Westward Leaning’s sole discretion and judgment; or, to enforce the rights of third parties or the content restrictions set forth in other provisions of this Agreement, when notice of a violation comes to Westward Leaning’s attention. You understand and acknowledge that Westward Leaning has no obligation to post, display, maintain, store, access, cache, or archive your User Submissions for any period of time.
You understand and agree that Westward Leaning, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. Westward Leaning does not endorse any User Submissions.
Further, you agree that the license you are granting to WestWard Leaning is royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Westward Leaning account, your Public User Submissions may remain fully available and you understand and agree that it may not be possible to delete certain other content from Westward Leaning’s records, that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users, and that the license you are granting will continue in full force and effect even if you remove your User Submissions from the Services.
4. Your Representations and Warranties for Your User Submissions.
You represent and warrant that you own or otherwise control all rights to your User Submissions. Each time you submit any User Submissions, you represent and warrant the following:
(a) that you are either over the age of eighteen or that you are over the age of thirteen and have obtain the consent of your parent or guardian; and
(b) you are the sole author and owner of the intellectual property and other rights to the User Submissions, or you have a lawful right to submit the User Submissions and grant Westward Leaning the rights to it that you are granting by this Agreement; and
(c) the User Submissions is accurate; and
(d) the User Submissions is not offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, illegal, injurious, harmful to any other person, or otherwise objectionable; and
(e) the User Submissions does not and will not infringe any intellectual property or other right of any third party; and
(f) the User Submissions will not violate this Agreement.
5. Westward Leaning’s Right to Use Non-PII.
You acknowledge and agree that Westward Leaning may aggregate non-personally identifiable information and demographic data regarding users, including you, and their behavior on the Services and their activities in regard to the Services (“Non-PII Data”). Westward Leaning may use and retain this Non-PII Data for any purpose, including but not limited to improving or modifying the Services, without any compensation or royalty owed to you or to any other user.
6. What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Westward Leaning, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Submissions alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click http://www.copyright.gov/legislation/dmca.pdf.
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement in regard to User Submissions. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
(a) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Westward Leaning’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; and
- Identification of works or materials being infringed; and
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Westward Leaning is capable of finding and verifying its existence; and
- Contact information about the notifier including address, telephone number and, if available, email address; and
- A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
(b) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material; and
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
(c) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider; and
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; and
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email been disabled and the location at which the material appeared before it was removed or disabled; was removed or disabled as a result of mistake or misidentification of the material; and address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Westward Leaning is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Westward Leaning may in its discretion send a copy of the counter-notice to the original complaining party informing that person that Westward Leaning may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Westward Leaning’s discretion.
Please contact Westward Leaning's Designated Agent at the following address: [email protected]
F. Who is responsible for what I see and do on the Services?
Any information publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk, and we aren’t liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information and you hereby release us from all liability for your actions or inactions in regard to such information.
You are responsible for all User Submissions you contribute, in any manner, to the Services, and, under these Terms, you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
You will keep all your registration information accurate and current.
You are responsible for all your activity in connection with the Services.
Westward Leaning has no control over, and assumes no responsibility for, the information, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Westward Leaning cannot and has no obligation to monitor, verify, censor or edit the User Submissions of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Westward Leaning shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on or users of the Services, or between users and any third party, you agree that Westward Leaning is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Westward Leaning, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
G. Will Westward Leaning ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason in our sole discretion and without notice.
H. Does Westward Leaning cost anything?
The Westward Leaning Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
I. What if I want to stop using the Services?
Westward Leaning is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including termination for our convenience or for your breach or potential breach of these Terms. Westward Leaning has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in removal of any User Submissions associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
J. I use the Westward Leaning App available via the Apple App Store, should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad applications available via the Apple, Inc. (“Apple‚”) App Store (the “Applications”), but the following additional terms also apply to the Application:
- Both you and Westward Leaning acknowledge that the Terms are concluded between you and Westward Leaning only, and not with Apple, and that Apple is not responsible for the Applications or the Content; and
- The Applications are licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, non-commercial use; and
- You will only use the Applications in connection with an Apple device that you own or control; and
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications; and
- In the event of any failure of the Applications to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, and upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Applications; and
- You acknowledge and agree that Westward Leaning, and not Apple, is responsible for addressing any issues regarding the Content of the Applications; and
- You acknowledge and agree that, in the event of any third-party claim that the Application, or your possession and use of the Applications, infringes that third party’s intellectual property rights, Westward Leaning, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; and
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and
- Both you and Westward Leaning acknowledge and agree that, in your use of the Applications, you shall comply with all laws applicable to the Applications; and
- Both you and Westward Leaning acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right), if necessary, to enforce these Terms against you as the third-party beneficiary hereof.
K. What else do I need to know?
1. No Other Warranties From Westward Leaning.
WESTWARD LEANING’S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THESE TERMS ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY WESTWARD LEANING WITH RESPECT TO THE SERVICES AND THE CONTENT, AND ANY OTHER ITEM OR SERVICE PROVIDED BY WESTWARD LEANING. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, THE SERVICES, THE CONTENT, AND ANY OTHER ITEMS OR SERVICES ARE PROVIDED ON AN “AS-IS,” AND “AS-AVAILABLE” BASIS. WESTWARD LEANING EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY YOU OR ANY USER AS A RESULT OF PROVISION OR USE OF THE SERVICES AND/OR THE CONTENT; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE SERVICES OR CONTENT OR THE PROVISION OF SERVICES. WESTWARD LEANING RESERVES THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE SERVICES INCLUDING ANY CONTENT, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU OR TO OTHER USERS. NO ORAL OR WRITTEN INFORMATION BY WESTWARD LEANING OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY WESTWARD LEANING. WESTWARD LEANING DOES NOT REPRESENT, WARRANT, OR GUARANTY TO YOU OR ANY USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF YOUR USE OF THE SERVICES, THE CONTENT, OR ANY SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT WESTWARD LEANING HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON YOUR USE OF THE SERVICES AND/OR THE CONTENT. WESTWARD LEANING IS NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANOTHER USER MAY SUFFER ARISING OUT OF USE, DELAY IN PROVIDING, OR INABILITY TO USE, THE SERVICES AND/OR THE CONTENT. WESTWARD LEANING IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF ANY OF YOUR USER SUBMISSIONS OR YOUR REGISTRATION INFORMATION OR DATA.
2. Services Disclaimer.
WESTWARD LEANING UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY INABILITY OF YOU OR OTHER USERS TO ACCESS THE SERVICES. WESTWARD LEANING MAKES NO REPRESENTATIONS OR CLAIMS THAT THE PRODUCTS WHICH ARE PART OF THE SERVICES IMPROVE OR ENHANCE VISION OR CORRECT ANY VISION PROBLEMS OR TREAT ANY MEDICAL CONDITIONS, DISEASES, MALADIES, SICKNESSES, OR AFFLICTIONS AFFECTING EYESIGHT. WESTWARD LEANING PROVIDES ACCESS TO THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTY THAT THE SERVICES WILL BE AVAILABLE OR FULLY OPERATIVE AT ANY TIME OR ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE SERVICES MAY CONTAIN ERRORS, GLITCHES, BUGS, OR OTHER DEFECTS, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SERVICES ARE FOR YOU TO NOTIFY WESTWARD LEANING ABOUT YOUR DISSATISFACTION, IN WHICH CASE WESTWARD LEANING WILL REVIEW THE COMPLAINT WITH WESTWARD LEANING’S TECHNICAL EXPERTS, AND/OR TO STOP USING THE SERVICES.
3. Content Disclaimer.
ALTHOUGH WESTWARD LEANING ATTEMPTS TO PROVIDE HIGH QUALITY CONTENT, WESTWARD LEANING IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE CONTENT. CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, NOT AS ANY KIND OF EXPERT FINANCIAL, MEDICAL, LEGAL, OR PERSONAL ADVICE OF ANY KIND OR AS A PREFERRED COURSE OF ACTION, AND WESTWARD LEANING IS NOT RESPONSIBLE FOR ANY RELIANCE UPON CONTENT BY YOU OR OTHER USERS, OR BY ANY THIRD PARTY. FURTHER, WESTWARD LEANING IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON THE CONTENT INCLUDED IN THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS FOR YOU TO NOTIFY WESTWARD LEANING ABOUT YOUR PERCEPTIONS OF THE CONTENT (IN WHICH CASE WESTWARD LEANING WILL REVIEW THE COMPLAINT(S) WITH ITS SUBJECT MATTER EXPERTS) AND/OR TO STOP USING THE SERVICES.
4. Disclaimer Of User Submissions.
ALTHOUGH WESTWARD LEANING ENCOURAGES THE SUBMISSION OF HIGH QUALITY USER SUBMISSIONS, WESTWARD LEANING IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE USER SUBMISSIONS. WESTWARD LEANING HAS NO RESPONSIBILITY TO MONITOR OR REVIEW USER SUBMISSIONS PRIOR TO OR AFTER ITS SUBMISSION. THE VIEWS EXPRESSED IN USER SUBMISSIONS ARE NOT PRE-REVIEWED OR PRE-APPROVED BY WESTWARD LEANING AND THEREFORE DO NOT REPRESENT ANY EXPRESS OR EXPLICIT VIEW OF WESTWARD LEANING ON ANY TOPIC WHATSOEVER. USER SUBMISSIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WESTWARD LEANING IS NOT RESPONSIBLE FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON USER SUBMISSIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF DISSATISFACTION WITH USER SUBMISSIONS IS FOR YOU TO NOTIFY WESTWARD LEANING ABOUT YOUR PERCEPTIONS OF THE USER SUBMISSIONS (IN WHICH CASE WESTWARD LEANING WILL REVIEW THE COMPLAINT(S) WITH ITS SUBJECT MATTER EXPERTS) AND/OR TO STOP USING THE SERVICES.
5. Limitation of Liability.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Westward Leaning be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Westward Leaning in connection with the Services in the twelve (12) month period preceding this applicable claim or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
You agree to indemnify and hold Westward Leaning, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any breach by you of any of these Terms; any negligent, reckless or willful act or omission by you or your agents or others for whom you are responsible; any failure by you to comply with applicable laws in performing under these Terms; any misuse by you of the Services and/or the Content and/or any User Submission; or, any claim made against Westward Leaning by any third party for which Westward Leaning is not liable under these Terms, and which arises as a consequence of your use of the Services. You shall reimburse Westward Leaning for its expenses under this Section as they are incurred. Westward Leaning shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder. You, in the defense of any such claim, action, or proceeding arising under this Section shall not, except with the written consent of Westward Leaning, enter into any settlement which adversely affects Westward Leaning’s rights or which does not include, as an unconditional term, a release granted to Westward Leaning of all liabilities in respect of such claim, action or proceeding.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Westward Leaning’s prior written consent. You acknowledge and agree that Westward Leaning may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without giving notice to You.
8. Choice of Law; Arbitration.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.
(a) Westward Leaning’s Right to Injunctive Relief. The foregoing provision regarding dispute resolution will not apply to any legal action taken by Westward Leaning to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any threatened or potential loss, cost, or damage) relating to the Services, any Content, your User Submissions, and/or Westward Leaning's Intellectual Property Rights, Westward Leaning's operations, and/or Westward Leaning's products or services.
(b) Your Waiver of Injunctive or Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES OR OF ANY WEBSITE, CONTENT, USER SUBMISSION, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY WESTWARD LEANING (INCLUDING YOUR LICENSED USER SUBMISSION CONTENT) OR BY A LICENSOR OF WESTWARD LEANING.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Westward Leaning may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
You and Westward Leaning agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Westward Leaning, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein).
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Westward Leaning in any respect whatsoever.
You and Westward Leaning agree that, except for Apple, Inc. and its subsidiaries (as provided in Section J), there are no third party beneficiaries intended under these Terms.
You understand, acknowledge, and agree that by clicking through the adjacent consent button, you are bound by these Terms in all of your uses of the Services.