TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE PROCEEDING TO ACCESS AND USE THIS SITE OR PURCHASE PRODUCTS
These are the Terms and Conditions that govern your access and use of wileyx.com and if you qualify, the purchase and use of products and services made available from time to time on the site by Wiley X. Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes.
You acknowledge and agree that each time you proceed to access and use this site, you agree to abide by these Terms and Conditions. Your act of proceeding to access and use this site will constitute an “electronic signature” indicating your agreement to these Terms and Conditions for all access and use of the site. See the Section below entitled “Electronic Signature and Consent to Electronic Records”
If at any time you do not agree these Terms and Conditions, please exit the web site and do not proceed to access and use the site.
Privacy and Security Statement
Limited Right to Access and Use Site
You may access and use wileyx.com only for the lawful commercial purposes intended by Wiley X in providing the site. Any unauthorized access or use of any portion of this site, its content, data, computers or networks, or interference with any operation of the site, or interception of any communication from or to the site, or any attempt to do one or more of these or other unauthorized or unlawful acts -- is strictly prohibited.
Transactions – terms, conditions, policies and shipping
All business transactions, including but not limited to product and service offerings, orders and purchases, applications, registrations, memberships, programs and other activities made available via the wileyx.com site shall be subject to these Terms and Conditions and all such other specific terms and conditions as are expressly set forth on the site, in price lists and sales and advertising materials, as provided from time to time by Wiley X.
PURCHASE RESTRICTIONS. Wiley X products and services may be subject to purchase restrictions. Questions about restrictions should be directed to Wiley X at email@example.com@wileyx.comor by calling 1-800-776-7842.
You agree that all information provided by you to Wiley X will be accurate and truthful.
You agree that you will notify and keep Wiley X up to date of any change to your personal information and if applicable, any change to your information that may affect your ability to conduct business with or purchase products from Wiley X.
Wiley X reserves the right to limit, suspend and/or terminate access and use of the wileyx.com site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as Wiley X may decide in its sole discretion.
Wiley X reserves the right to add, modify, substitute, suspend or discontinue product or service offerings at any time without notice and for no reason stated, as Wiley X may decide in its sole discretion.
USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR PRODUCT USE ALL ACCESS AND USE OF THIS WEB SITE, ITS CONTENTS, PRODUCTS AND SERVICES ARE AT YOUR OWN RISK.
BEFORE YOU PURCHASE ANY WILEY X PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO INVESTIGATE AND SEEK PROFESSIONAL ADVICE REGARDING THE APPLICATION, USE, HEALTH, SAFETY AND/OR EFFECTIVENESS OF ANY PERSONAL PROTECTIVE PRODUCT FOR YOUR PARTICULAR CIRCUMSTANCES.
You acknowledge and agree that the use of any personal protective product (including but not limited to protective eyewear and/or gloves), involves UNFORESEEABLE RISKS AND UNCERTAINTIES, including without limitation, THE RISKS OF:
(A) bodily injury or death;
(B) loss of or damage to property;
(C) other general and individual HEALTH RISKS, CONDITIONS AND UNCERTAINTIES.; TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS WILEY X AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE USE (OR MISUSE) OF ANY PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM WILEY X, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY WILEY X, THIS SITE, THE CONTENTS OF THIS SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WILEY X EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THIS SITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT.
WILEY X FURTHER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO PRODUCT DESCRIPTIONS AND COMPONENTS, RECOMMENDATIONS OF PROFESSIONALS, AND PRODUCT USE, SAFETY AND/OR EFFECTIVENESS.
SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS.
Despite commercially reasonable efforts:
1. Wiley X does not warrant that the access, use, function or operation of this web site will be uninterrupted or error-free, that defects will not exist or be corrected, or that this Site or its servers will be completely free of all viruses or other harmful elements; and
2. Wiley X does not warrant that the information accessible on this site is accurate, complete, current or error free.
Testimonials and Endorsements
In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please take note of the following circumstances:
Testimonials appearing on this site are received via email submission, regular mail or interviews. They are individual experiences, reflecting real life experiences of those who have used Wiley X products and/or services in some way or other. However, they are individual results and results do vary. Wiley X does not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use Wiley X products and/or services. The testimonials displayed are given verbatim except for correction of grammatical or typing errors. Some have been shortened, meaning; not the whole message received by the testimony writer is displayed, when it seemed lengthy or the testimony in its entirety seemed irrelevant for the general public. Wiley X is not responsible for any of the opinions or comments posted to our site. Wiley X is not a forum for testimonials; however, the site provides testimonials as a means for customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by management of Wiley X. Wiley X does not adopt the opinions, views or commentary of any testimonials on this site, and they are strictly the views of the reviewer.
TESTIMONIAL SUBMISSIONS: As a consumer/user of Wiley X products and/or services, by submitting your testimonial you give Wiley X and its licensees permission to reprint, reproduce or use the testimonial in connection with Wiley X’s business, products and services. You also are agreeing to the following: (1) The reprint, reproduce or use of the testimonial will be at Wiley X’s discretion and without compensation; (2) Wiley X may use the testimonial with or without any pseudo (pen) name credit; (3) Wiley X’s and its licensee’s right to use the testimonial is perpetual and may be assigned by Wiley X; (4) Wiley X and its licensee’s may use the testimonial locally, nationally, or globally and such use may be made in any media, information or communication platform (including internet advertising) currently in use or later developed; and (5) You, and not someone else, composed, submitted and posted the testimonial as your sole and original work of authorship and no other person’s consent is required for Wi ley X and its licensees to exercise the permissions granted by you in this paragraph. By submitting your testimonial, you are agreeing to the terms and conditions as listed in this document, including but not limited to the provisions on Submissions set forth herein below.
Limitation of Liability; Liquidated Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WILEY X NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AFFILIATES, SPONSORS, VENDORS OR ANY OTHER PARTY INVOLVED IN PROVIDING THIS WEB SITE, ITS CONTENT AND PRODUCTS AND SERVICES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF OR RELATED TO THE ACCESS, USE OF (OR INABILITY TO ACCESS OR USE) THIS WEB SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE VIA THIS SITE BY WILEY X OR ITS BUSINESS AFFILIATES.
WILEY X ASSUMES NO LIABILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONALLY INJURY, LOSS OF CONSORTIUM, AND CLAIMS OF THIRD PARTIES. IN THE EVENT A COURT OF COMPETENT JURISDICTION SHOULD FIND AND ALLOCATE LIABILITY FOR ANY REASON, IN NO EVENT SHALL WILEY X’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED ONE HUNDRED AND FIFTY DOLLARS ($150).
SITE AND CONTENT. This web site and its contents belong exclusively to Wiley X, its sponsors, business affiliates and their respective licensors. This web site and its contents are protected by U.S. and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of this site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial personal use or educational use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you.
TRADEMARKS. The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively "Trademarks") displayed on this web site belong to Wiley X, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on this web site shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.
SUBMISSIONS. Any communication, information or material (including but not limited to any suggestion, idea, concept, or data) that is submitted to Wiley X at this site, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-confidential and becomes the sole and exclusive property of Wiley X. Wiley X is free to dispose, reproduce and/or use any Submission without restriction, for any purpose whatsoever, including but not limited to, developing, manufacturing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that Wiley X's use of the Submission (as submitted) will not violate any third party's rights. Wiley X is under no obligation to accept, respond to or use any Submission.
Linking to Third Party Sites
As a matter of convenience to visitors, this site may contain links to other third party web sites (i.e., sites not owned or controlled by Wiley X). No link to another web site shall imply any endorsement or sponsorship of the third party web site, its owner or operator, or any products or services. Wiley X is not responsible for the content of or any links contained on any other web site. Your access and use of any other web site is entirely at your own risk. Under no circumstances will Wiley X be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other site.
Linking to this Site
Wiley X does not generally object to links to the home page of wileyx.com from third party sites. However, absent an express written agreement to the contrary, all third party links to the home page of this site must be in accordance with the following terms and conditions. A third party link may only link to the home page of this site using the plain text version of Wiley X name (“Wiley X”) or the plain text version of the site name (“Wileyx.com”). No content from this site may be incorporated into the third party site by any means (e.g., by in-lining or framing); (b) No Trademark of Wiley X may be used as any "metatag," “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web sites or pages. Wiley X will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful sites, or any site that may adversely affect the name, reputation and goodwill of Wiley X and its pr oducts, as Wiley X shall determine in its sole discretion. Wiley X reserves the right to cancel permission to link to this site at any time, for any reason, in its sole discretion.
Wiley X product and service offerings, promotions, materials, and content appearing on this web site are intended for customers located in the United States only. Wiley X makes no representation that products, services, promotions, materials, offers, information and other content on this site are appropriate or available for purchase and use in locations outside the United States.
These Terms and Conditions will be governed and construed in accordance with the laws of the State of California without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of this site or any product or service offerings in connection with this site will be brought only in a court of competent jurisdiction located in Alameda County, California.
Complete Agreement; Severability; Amendments; Waiver; Headings
These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the site, in price lists, catalogs and in sales and advertising materials) represent the entire understanding between you and Wiley X regarding the access and use of this site, its content and related products and services. Unless expressly agreed to in a signed writing by Wiley X, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and Wiley X or its representatives, affiliates, sponsors and vendors.
SEVERABILITY. Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.
AMENDMENTS. Wiley X reserves the right to revise the content and information of this site, these Terms and Conditions, or any part thereof, without notice, by merely updating the site and this posting, respectively.
WAIVER. No term or condition may be waived by any party except in writing signed by the party to be bound.
HEADINGS. The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.
Electronic Signature and Consent to Electronic Records
You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.
If you do not consent to the use of electronic records, do not proceed to access and use the site for any transaction or other activity which may requires the completion or formation of an electronic record to confirm or carry out the transaction or activity.
WITHDRAWING CONSENT OR UPDATING ELECTRONIC RECORDS: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact Wiley X firstname.lastname@example.org by calling 1-800-776-7842. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.
COMPUTER SYSTEM REQUIREMENTS: To access and use this site, Wiley X recommends the following minimum system configuration: 500 MHz processor or higher, 256 MB RAM or higher, 10 MB of available hard disk drive storage capacity, Windows XP with Service Pack 3 (32-bit) or Windows Vista with SP1 (32-bit or 64-bit), Internet Explorer v8.0 or later, 800x600 video display at 256 colors, Internet access (fees may apply) and a standard ink jet computer printer.
You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the site and printing from the site.
You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to Wiley X site.
PRINTED COPY: To obtain a printed copy of an electronic record, please contact Wiley X at the above-identified contact address or phone number. Wiley X will accommodate all reasonable requests for a printed copy of electronic records. Wiley X reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.
IF YOU AGREE, YOU MAY PROCEED TO ACCESS AND USE WWW.WILEYX.COM.
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