Use License and Consent to Terms of Use
Your use of this website constitutes your agreement and acceptance without modification to the notices, terms and conditions set forth herein. In addition, as a condition of your use of this website, you represent and warrant to Wickler that you will not use this website for any purpose that is unlawful, immoral or prohibited by these notices, terms and conditions. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this website.
Wickler may grant you limited permission to view this website for your own, personal use, provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use. Without the prior written approval of Wickler, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any products or services from this website.
If you are a current client of Wickler, and as such are a party to a valid sales, license or other similar agreement with Wickler (the "Agreement"), your use of this website is governed by these Terms of Use and your use of any other Wickler products and services are governed by the Agreement. If there is any conflict between the terms of these Terms of Use and the Agreement, the terms of the Agreement shall govern.
Copyrights and Trademarks
This website and its contents are the copyrighted property of Wickler. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on this website, without the prior written approval of Wickler. Wickler aggressively enforces its intellectual property rights to the fullest extent of the law.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this website are the registered Trademarks of Wickler. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this website, without the prior written approval of Wickler. The name Wickler, the Wickler logo or the other Wickler formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without the prior written approval of Wickler.
Wickler prohibits use of its Trademarks as part of a link to or from any website unless establishment of such a link is approved in writing in advance by Wickler. Fair use of Wickler's Trademarks requires proper acknowledgment. Other product and company names mentioned in this website may be the Trademarks of their respective owners and should be treated as such unless informed otherwise.
Links to Third-Party Websites
Wickler does not maintain, is not responsible for the content of, and does not endorse, any of the websites linked to the Wickler website. You access or connect to these linked websites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-Wickler websites are not investigated, verified, monitored or endorsed by Wickler, and Wickler disclaims any warranty, express or implied, with respect to the content, accuracy and reliability of such websites. You should contact the linked website directly if you have any questions about the content of their website or their terms of use for their website.
Disclaimer
Your use of and browsing in this website are at your own risk. Everything on this website is provided "as is" without warranty of any kind, express or implied. Wickler specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Wickler shall have no liability or responsibility for any errors or omissions in the content of this website, for your action or inaction in connection with this website or for any damage to your computer or data or any other damage you may incur in connection with this website. Your use of this website is at your own risk.
In no event shall Wickler, its affiliates, agents or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website, the contents of this website, the delay or inability to use this website or otherwise arising in connection with this website, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Wickler also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from this website.
Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
Submissions
Any communication or material you transmit to this website or Wickler by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post to this website or Wickler becomes the property of Wickler and may be used for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Wickler is free to use any ideas, concepts, know-how or techniques contained in any communication you send to this website or Wickler for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services using such information. Through your usage of this website or communication with Wickler, you may submit and/or Wickler may gather certain information about you and your website usage. Wickler is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
For additional information regarding Wickler's use of third-party information, please see the Wickler Privacy Policy posted on this website.
Governing Law and Dispute Resolution
This website resides on a server in Los Angeles, California, USA. You agree that these Terms of Use and your use of this website are governed by the laws of the State of California, USA, without regard to its rules regarding conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA in all disputes (a) arising out of, relating to, or concerning this website, the Wickler Privacy Policy (posted on this website and by this reference incorporated herein) and/or these Terms of Use, (b) in which this website, the Wickler Privacy Policy and/or these Terms of Use are an issue or a material fact, or (c) in which this website, the Wickler Privacy Policy and/or these Terms of Use are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.
Wickler has endeavored to comply with all legal requirements known to it in creating and maintaining this website, but makes no representation that any content on this website is appropriate or available for use in any particular jurisdiction. Use of this website is unauthorized in any jurisdiction where all or any portion of this website may violate any legal requirements and you agree not to access this website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, 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 these Terms of Use shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this website, the Wickler Privacy Policy and/or these Terms of Use shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Los Angeles, California, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Relationship
You agree that no joint venture, partnership, employment or agency relationship exists between you and Wickler solely as a result of your use of this website or the Wickler Privacy Policy or these Terms of Use.
Changes to the Wickler Terms of Use
You agree that Wickler may at any time and without notice change these Terms of Use, as well as the content of the website. As a condition of your use of this website, it is your responsibility to periodically review these Terms of Use and to be knowledgeable of and comply with any changes made thereto. If we make material changes to these Terms of Use, we will post these changes on the website and the Terms of Use effective date will be updated accordingly.
Entire Agreement
Subject to the terms and conditions of any existing Agreement between you and Wickler, these Terms of Use constitute the entire agreement between you and Wickler with respect to this website. Other than any existing Agreement between you and Wickler, these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wickler with respect to this website. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use and/or of any notice given by Wickler in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Wickler in printed form.
Contact Wickler
For more information, questions, complaints or other feedback regarding these Terms of Use, please contact us by sending a letter to:
Wickler General Counsel6646 Hollywood Boulevard, Suite 212
Hollywood, California 90028
You may also contact us by email at legal@thewickler.com.
© Wickler 2010. All rights reserved.