To become a registered user of the Website, you must first register with us through our online registration process. The Website enables you to: (a) become a registered user and use certain interactive features that we may make available from time to time; or (b) simply view the Website (collectively “Website Services”).
1. Eligibility. By using our Website and Website Services, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of your contact information; (c) you are 13 years of age or older; and (d) your use of the Website and Website Services does not violate any applicable law or regulation. We may terminate this Agreement and your use of the Website if we believe, in our sole discretion, that you are not eligible to use our Website and Website Services.
2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, any materials you post, submit or upload to the Website (collectively "Contribution"). When you create a Contribution, you represent and warrant the following:
(a) you own the Contribution submitted or uploaded by means of our Website Services;
(b) the posting of your Contribution by means of our Website Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(c) you have fully complied with any third-party licenses relating to your Contribution, agree to pay for all royalties, fees and any other monies owing any person by reason of any Contribution posted by you to or through our Website Services;
(d) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
(e) your Contribution: (i) is not obscene, lewd, lascivious, filthy, excessively violent, harassing, or bullying; (ii) is not otherwise objectionable, libelous or slanderous; (iii) does not advocate the violent overthrow of the government of the United States or any other government; (iv) does not incite, encourage or threaten immediate physical harm against another; (v) does not violate any applicable law, regulation, or rule; and (vi) does not violate the privacy or publicity rights of any third party;
(f) your Contribution does not contain material that (i) solicits personal information from anyone under 18; (ii) exploits anyone in a sexual or violent manner; (iii) violates any federal or state law concerning pornography or child pornography; or (iv) otherwise fails to protect the health or wellbeing of minors;
(g) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
(h) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code (whether on our Website or computers or others' computers or equipment) designed to interfere with the ordinary functions of our or others’ computers, or designed to enable you or others to gather information about or monitor the online or other activities of us or other parties;
(i) your Contribution does not inundate the Website with communications or other traffic that use our Website and Website Services for anything other than the stated and intended purposes of our Website and Website Services;
(j) your Contribution does not otherwise violate, or link to material that violates any provision of this Agreement or any applicable law or regulation;
(k) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us, in our sole discretion;
(l) your Contribution does not contain content that endorses or promotes racism, bigotry, hatred, hate speech, or physical, intellectual, or emotional harm of any kind against another group or individual; and
(m) your Contribution does not contain content that discriminates against, incites harassment, or advocates harassment of any group or individual.
3. Prohibited Activities. You may not access or use the Website or Website Services for any other purpose other than that for which we make them available. Certain activities, even if legal, may violate the common rules of etiquette governing contributions and website use, as determined by us in our sole discretion. Prohibited activities include, but are not limited to the following:
(a) engaging in, participating in, or encouraging criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, slander or libel, copyright infringement, patent infringement, or theft of trade secrets;
(b) using any information obtained from the Website to contact, advertise to, solicit, or sell to any user without the user’s prior explicit consent;
(c) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website and Website Services;
(d) attempting to impersonate another user, person or entity;
(e) using a false email address or an email address belonging to someone or some entity other than you;
(f) using any information obtained from the Website to harass, abuse, or harm another entity or person;
(g) using the Website in a manner inconsistent with all applicable state, federal, and local laws and regulations;
(h) providing material support or resources (or concealing or disguising the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(i) using the Website to advertise to, or solicit, any other user or person to buy or sell any products or services other than the products or services of Eddie’s International® and then, only as specifically authorized by us; and
(j) transmitting chain letters, spam, phishing email, or junk email to any other entity or person.
4. Intellectual Property Rights. Eddie’s International®, eddiesinternational.com, and others are our service marks or registered service marks or trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to our Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Copying, redistribution, use, or publication by you of any such matters or any part of our Website, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through our Website or Website Services. Posting of information or materials by us on our Website or any social media site does not constitute a waiver of any of our rights in such information and materials. Some of the content on our Website may be the copyrighted work of third parties. Other product and company names mentioned on our Website may be trademarks of their respective owners.
5. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable limited license (a) to access and use our Website and Website Services strictly in accordance with this Agreement; (b) to use our Website and Website Services solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from our Website solely for internal, personal, non-commercial purposes--provided that you maintain all copyright and other policies associated with the information. No print out or electronic version of any part of our Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances without our prior written consent.
7. Registration. Certain sections of, or offerings from, our Website or Website Services may require you to register. If registration is requested, you agree to comply with the provisions of Section 1 above and provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Registration is for your personal use only and shall not be on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.When you register and create an account on our Website and through our Website Services, you will be asked to supply a password. You are responsible for the use of your password and account and to keep your password confidential.
8. Our Right to Manage the Website, Report Unlawful Activity, and Terminate Users.
8.1 Website Management. We reserve the right but do not have the obligation to do the following: (a) monitor the Website and investigate complaints or reported violations of this Agreement; (b) refuse or restrict access to any user's Contribution, or any part of a Contribution, that may violate this Agreement or any other policy of Eddie’s International l®or Wex America LLC; (c) remove from the Website or disable all files and content that are excessive in size or are in any way burdensome to our systems; and (d) take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information; and (e) otherwise manage the Website in a manner designed to protect the rights and property of others and us and to facilitate the proper functioning of the Website and Website Services.
8.2 Our Right to Terminate Use and Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE WEBSITE AND WEBSITE SERVICES TO ANY PERSON FOR ANY REASON, OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR THE BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
8.4 Website Errors. We do not represent or warrant that the Website and its content will be error-free, free of viruses or other harmful components, or that defects will be corrected. The Website may contain inaccuracies or typographical errors. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.
8.5 No Guarantee. We cannot guarantee and do not promise any specific results from use of the Website or Website Services. No advice or information, whether oral or written, obtained by you from us or through the Website and Website Services shall create any guarantee not otherwise expressly stated in this Agreement.
8.6 No Warranties. We do not represent or warrant that the information available on or through our Website will be correct, complete, accurate, timely or otherwise reliable. Your use of the Website and Website Services is at your own risk. We may make available through our Website or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy, or appropriateness. DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
9. Linking to our Website. You may provide links to the Website provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on our Website, (b) your site does not engage in illegal or pornographic activities or any other activities set out in Sections 3 and 6 above, and (c) you discontinue providing links to our Website immediately upon request by us.
10. Content by Advertisers and Other Merchants. We may allow access to or advertise certain third-party product or service providers (collectively “Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by such Merchants. We are not responsible for any illegality, error, inaccuracy or problem in any Merchant’s materials. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions between you and other Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MERCHANTS OR FOR ANY INFORMATION APPEARING ON OTHER MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, subsidiaries, affiliates, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third party related to your use of the Website or Website Services, any violation of this Agreement, or any breach of representations and warranties set out above.
13. Nontransferable. Your right to use our Website and Website Services is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
14. Modifications. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the content, products or services provided by or through our Website, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website.
15. Term. This Agreement shall remain in full force and effect while you use the Website and Website Services. You may terminate your use or participation at any time by ceasing to use the Website and Website Services. We may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect.
16. Disclaimer. THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR WEBSITE SERVCES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Website Services or any services or products obtainable therefrom, (b) the unavailability or interruption of our Website or Website Services or any features thereof, (c) your use of our Website or Website Services, (d) the content contained on our Website, or (e) any delay or failure in performance beyond the control of us or an Affiliated Party.
IN NO EVENT SHALL EDDIE'S INTERNATIONAL OR WEX AMERICA LLC OR THE AFFILIATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE WEBSITE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY
19. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of other Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to other Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
21. Payments. You represent and warrant that if you are purchasing something from us from our Website and Website Services that: (i) any payment, credit card, or debit card information you supply is true and complete; (ii) charges incurred by you will be honored by your bank, credit card, or debit card company; and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
22. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Our Copyright Agent for Notice of claims of copyright infringement on our Website can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org
23. Information and Press Releases. The Site contains information and may contain press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
24. Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website and Website Services and the Content and Materials provided on the Website.
25. Choice of Law and Limitations on Actions. This Agreement shall be treated as though it were executed and performed in McLennan County, Texas, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to Website or Website Services (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16, Section 17, and any other limitations and disclaimers in this Agreement.
16.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Website Services.
16.2 Language. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
16.2 Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
16.3 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16.4 Assignment. This contract is personal to you. You may not assign your rights under this Agreement to any third party. This Agreement and all incorporated agreements and your information may be automatically assigned by us to a third party in our sole discretion or in the event of an acquisition, sale or merger.
16.5 Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. To the extent that anything in or associated with our Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence
16.6 Third Party Beneficiaries. This Agreement will be binding upon and will inure to the benefit of the parties' permitted successors and/or assignees.
16.7 Survival or Rights. Our rights under this Agreement shall survive any termination of this Agreement.
This Agreement is effective as of and was last updated on August 8, 2017.