Terms of Use
1. Acceptance of Terms of Use.
THESE TERMS OF USE (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE OWNER AND OPERATOR (THE “OWNER”) OF THE WWW.REXWU.NET WEBSITE (THE “WEBSITE”) OR OTHER PRODUCTS OR SERVICES (EACH A “PRODUCT” AND COLLECTIVELY, THE “PRODUCTS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND THE PURCHASE OF PRODUCTS OR SERVICES SOLD ON SAID WEBSITE, AND YOUR MEMBERSHIP (AS DEFINED HEREIN). BY ACCESSING AND USING THE WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE WEBSITE, OR PURCHASE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE , OR ANY MEMBERSHIP (AS DEFINED HEREIN).
2. Personal Information/Privacy.
You agree to provide accurate, current and complete information as required for sharing and/or submitting information to the Products. Owner reserves the right to block, remove, or otherwise delete users who provide false, inaccurate, or incomplete data. The Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. The Owner respects Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy. Further, You agree to be bound by the terms of the Owner’s Privacy Policy.
3. Disclaimer of Warranties.
THE WEBSITE, THE APP, THE CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “OWNER AND ITS AFFILIATES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE THE APP, OR THE CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE APP, THE CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS.
4. Limitation of Liability.
IN NO EVENT SHALL THE OWNER AND ITS AFFILIATES BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE PRODUCTS, LOSS OR DAMAGE FROM USE OF THE SERVICES, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF OWNER AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY OWNER AND ITS AFFILIATES LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH OWNER AND ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Indemnification.
You hereby agree to defend, indemnify, and hold the Owner and Its Affiliates harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
(i) Your use of the Products or any Content (as defined herein) You submit through the Products;
(ii) a breach of this Agreement by You, Your employees or agents;
(iii) a breach of any applicable law by You, Your employees or agents; and
(iv) any action against the Owner by a third-party as a consequence of any of the above.
6. Software/License.
Subject to Your compliance with this Agreement, the Owner hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Products and use the content, information, text, images, logos, icons, graphics, interfaces, design, audio, and video clips and any other materials displayed on the Products (collectively, the “Content”), solely for Your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. Your license may be terminated as described in Section 3.3.
7. Use of Products/Restrictions.
You hereby represent and warrant that You will not, and will not induce any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Products or Content or otherwise attempt to gain unauthorized access to any portion of the Products or Content or any other systems or networks connected to the Products, or to any server of Owner or its third-party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Products or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Products or with any other person’s use of the Products; (d) track or seek to trace any information on any other person who visits the Products; use the Products or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Products or Content or that is otherwise applicable to the Products or the Content.
The Products may offer You the opportunity to post and/or submit comments, stories, and other content on the Products (collectively the “User Submissions”). By making a User Submission, You grant to the Owner an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that the Owner is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to the Owner through the Products without any monetary or other obligation to You. To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Submissions.
You agree not to post on or transmit to the Products or otherwise provide to the Owner any User Submission or other material that:
If You elect to submit content on the App, You agree to be bound by the terms of the JW App Community Guidelines, which can be found at the following link: https://www.sealteamtraining.com/jwappcommunityguidelines.html.
You are solely responsible for Your User Submissions and You agree to defend, indemnify and hold harmless the Owner and its members, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from Your User Submission, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that the Owner has no obligation to keep such User Submissions confidential. You further agree that any User Submission You provide does not contain any confidential, proprietary or trade secret information of any third-party. Owner has no obligation to store, keep copies or return any User Submission.
Owner reserves the right to take any action with respect to User Submissions that Owner deems necessary or appropriate in our sole discretion if Owner believes any User Submission violates this Agreement, is inappropriate on the Products, may create liability for the Owner, or may cause the Owner to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Submissions, either with or without notice to You.
8. Intellectual Property.
You hereby acknowledge and agree that the Owner or its licensors own or control all legal right, title and interest in and to the Content and the Products, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the universe those rights may exist. Your use of the Products does not grant You ownership of any kind in any Content. You may access Content on or through the Products. Any unauthorized use of the Content, Products, or the Owner’s intellectual property is strictly prohibited.
9. Linked Websites/Third-Party Websites.
The Website may provide links to third-party websites may be provided to You by the Owner or Website that are not owned or controlled by the Owner (the “Third-Party Websites”). Owner provides such links are provided solely as a convenience to You. The Owner does not review, approve, endorse or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Websites, or any results that may be obtained from using them. If You decide to access any such Third-Party Websites linked to the Website, You are solely responsible for Your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from this Agreement or the Privacy Policy and, therefore, Owner recommends that You review such Third-Party Website terms of use and privacy policies. Specifically, by using the App, you agree to be bound by the applicable terms of use, end user license agreement, and privacy policy of the developer of this App, Skylab Apps, Inc.
10. Jurisdictional Issues; Choice of Law; Dispute Resolution; and Class Action Waiver.
10.1 Jurisdictional Issues
This Product is controlled and operated by the Owner. Those who choose to access this Product from other locations do so on their own initiative and are responsible for compliance with any applicable local or state laws.
10.2 Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
10.3 Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
In the event that Owner is unable to resolve a complaint to Your satisfaction, the Owner agrees to resolve such disputes arising out of this Agreement (except as to those related to the Owner’s enforcement and protection of its intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction.
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party.
The arbitration award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney’s fees and disbursements. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.
Notwithstanding the foregoing, nothing shall prevent the Owner from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of this Agreement. In the event that injunctive relief is sought through the AAA, the Owner shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of the Owner, You shall reimburse the Owner for these costs.
10.4 Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor the Owner has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
11. General Terms.
11.1 Entire Agreement
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the Owner and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
11.2 Amendment; Modification
THE OWNER MAY ADD TO, CHANGE OR REMOVE ANY PART OF THE WEBSITE OR THE APP, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. THE OWNER ALSO RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. When the Owner makes changes to the Agreement, the Owner will revise the “Last updated” date at the top of the Agreement and the Owner will notify You of the changes by prominently posting a notice of such changes on the Products and/or be sending You an email. The Owner encourages You to review this Agreement whenever You visit the Products. By continuing to access and use the Products after any such changes have been posted, You are indicating Your acceptance of such changes, even if You have not reviewed the changes.
11.3 Electronic Communications
Whenever You visit the Products or send emails to the Owner, You are communicating with the Owner electronically. For that reason, You also consent to receive communications from the Owner electronically. The Owner will communicate with You by email (if You have provided Your email address to us), by posting notices on the Products or by such other means as Owner may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that the Owner provides to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
11.4 Waiver
The Owner’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
11.5 Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
11.6 Assignment
You may not assign or otherwise transfer Your rights, or delegate Your performance, under this Agreement to a third-party without the Owner’s prior written consent. The Owner may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
11.7 Comments and Concerns
The Products are operated by the Owner. Submit requests here for any feedback, comments, requests for log-in support or ideas to improve the Products. You may also contact the Owner here.
THESE TERMS OF USE (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE OWNER AND OPERATOR (THE “OWNER”) OF THE WWW.REXWU.NET WEBSITE (THE “WEBSITE”) OR OTHER PRODUCTS OR SERVICES (EACH A “PRODUCT” AND COLLECTIVELY, THE “PRODUCTS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND THE PURCHASE OF PRODUCTS OR SERVICES SOLD ON SAID WEBSITE, AND YOUR MEMBERSHIP (AS DEFINED HEREIN). BY ACCESSING AND USING THE WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE WEBSITE, OR PURCHASE PRODUCTS OR SERVICES OFFERED ON THE WEBSITE , OR ANY MEMBERSHIP (AS DEFINED HEREIN).
2. Personal Information/Privacy.
You agree to provide accurate, current and complete information as required for sharing and/or submitting information to the Products. Owner reserves the right to block, remove, or otherwise delete users who provide false, inaccurate, or incomplete data. The Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. The Owner respects Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy. Further, You agree to be bound by the terms of the Owner’s Privacy Policy.
3. Disclaimer of Warranties.
THE WEBSITE, THE APP, THE CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “OWNER AND ITS AFFILIATES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE THE APP, OR THE CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE APP, THE CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, THE APP, THE CONTENT OR PRODUCTS.
4. Limitation of Liability.
IN NO EVENT SHALL THE OWNER AND ITS AFFILIATES BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE PRODUCTS, LOSS OR DAMAGE FROM USE OF THE SERVICES, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF OWNER AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY OWNER AND ITS AFFILIATES LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH OWNER AND ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Indemnification.
You hereby agree to defend, indemnify, and hold the Owner and Its Affiliates harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
(i) Your use of the Products or any Content (as defined herein) You submit through the Products;
(ii) a breach of this Agreement by You, Your employees or agents;
(iii) a breach of any applicable law by You, Your employees or agents; and
(iv) any action against the Owner by a third-party as a consequence of any of the above.
6. Software/License.
Subject to Your compliance with this Agreement, the Owner hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Products and use the content, information, text, images, logos, icons, graphics, interfaces, design, audio, and video clips and any other materials displayed on the Products (collectively, the “Content”), solely for Your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. Your license may be terminated as described in Section 3.3.
7. Use of Products/Restrictions.
You hereby represent and warrant that You will not, and will not induce any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Products or Content or otherwise attempt to gain unauthorized access to any portion of the Products or Content or any other systems or networks connected to the Products, or to any server of Owner or its third-party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Products or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Products or with any other person’s use of the Products; (d) track or seek to trace any information on any other person who visits the Products; use the Products or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Products or Content or that is otherwise applicable to the Products or the Content.
The Products may offer You the opportunity to post and/or submit comments, stories, and other content on the Products (collectively the “User Submissions”). By making a User Submission, You grant to the Owner an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that the Owner is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to the Owner through the Products without any monetary or other obligation to You. To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Submissions.
You agree not to post on or transmit to the Products or otherwise provide to the Owner any User Submission or other material that:
- is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene;
- sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that is not an approved product of the Owner;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- promotes the use of alcohol, tobacco, or any illegal substance;
- constitutes a breach of Your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
- is false or misleading; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment.
If You elect to submit content on the App, You agree to be bound by the terms of the JW App Community Guidelines, which can be found at the following link: https://www.sealteamtraining.com/jwappcommunityguidelines.html.
You are solely responsible for Your User Submissions and You agree to defend, indemnify and hold harmless the Owner and its members, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from Your User Submission, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that the Owner has no obligation to keep such User Submissions confidential. You further agree that any User Submission You provide does not contain any confidential, proprietary or trade secret information of any third-party. Owner has no obligation to store, keep copies or return any User Submission.
Owner reserves the right to take any action with respect to User Submissions that Owner deems necessary or appropriate in our sole discretion if Owner believes any User Submission violates this Agreement, is inappropriate on the Products, may create liability for the Owner, or may cause the Owner to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Submissions, either with or without notice to You.
8. Intellectual Property.
You hereby acknowledge and agree that the Owner or its licensors own or control all legal right, title and interest in and to the Content and the Products, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the universe those rights may exist. Your use of the Products does not grant You ownership of any kind in any Content. You may access Content on or through the Products. Any unauthorized use of the Content, Products, or the Owner’s intellectual property is strictly prohibited.
9. Linked Websites/Third-Party Websites.
The Website may provide links to third-party websites may be provided to You by the Owner or Website that are not owned or controlled by the Owner (the “Third-Party Websites”). Owner provides such links are provided solely as a convenience to You. The Owner does not review, approve, endorse or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Websites, or any results that may be obtained from using them. If You decide to access any such Third-Party Websites linked to the Website, You are solely responsible for Your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from this Agreement or the Privacy Policy and, therefore, Owner recommends that You review such Third-Party Website terms of use and privacy policies. Specifically, by using the App, you agree to be bound by the applicable terms of use, end user license agreement, and privacy policy of the developer of this App, Skylab Apps, Inc.
10. Jurisdictional Issues; Choice of Law; Dispute Resolution; and Class Action Waiver.
10.1 Jurisdictional Issues
This Product is controlled and operated by the Owner. Those who choose to access this Product from other locations do so on their own initiative and are responsible for compliance with any applicable local or state laws.
10.2 Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
10.3 Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
In the event that Owner is unable to resolve a complaint to Your satisfaction, the Owner agrees to resolve such disputes arising out of this Agreement (except as to those related to the Owner’s enforcement and protection of its intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction.
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party.
The arbitration award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney’s fees and disbursements. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.
Notwithstanding the foregoing, nothing shall prevent the Owner from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of this Agreement. In the event that injunctive relief is sought through the AAA, the Owner shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of the Owner, You shall reimburse the Owner for these costs.
10.4 Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor the Owner has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
11. General Terms.
11.1 Entire Agreement
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the Owner and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
11.2 Amendment; Modification
THE OWNER MAY ADD TO, CHANGE OR REMOVE ANY PART OF THE WEBSITE OR THE APP, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. THE OWNER ALSO RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. When the Owner makes changes to the Agreement, the Owner will revise the “Last updated” date at the top of the Agreement and the Owner will notify You of the changes by prominently posting a notice of such changes on the Products and/or be sending You an email. The Owner encourages You to review this Agreement whenever You visit the Products. By continuing to access and use the Products after any such changes have been posted, You are indicating Your acceptance of such changes, even if You have not reviewed the changes.
11.3 Electronic Communications
Whenever You visit the Products or send emails to the Owner, You are communicating with the Owner electronically. For that reason, You also consent to receive communications from the Owner electronically. The Owner will communicate with You by email (if You have provided Your email address to us), by posting notices on the Products or by such other means as Owner may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that the Owner provides to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
11.4 Waiver
The Owner’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
11.5 Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
11.6 Assignment
You may not assign or otherwise transfer Your rights, or delegate Your performance, under this Agreement to a third-party without the Owner’s prior written consent. The Owner may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.
11.7 Comments and Concerns
The Products are operated by the Owner. Submit requests here for any feedback, comments, requests for log-in support or ideas to improve the Products. You may also contact the Owner here.