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WebPercent Terms of Use
WebPercent.com ("WebPercent") is being provided to you (“the User”) by WebPercent under the terms expressed in this document named WebPercent Terms of Use. Your acknowledgment of having read this document during registration and use of the WebPercent site will indicate your acceptance of these terms. Do not use the site if you do not agree to be bound by these terms. By checking the "Yes, I have read and agree to the WebPercent Terms of Use" checkbox on the registration form you are confirming that you agree to be bound by these terms. 1. Changes to Terms. WebPercent may change these Terms of Use at any time. Any change to these Terms of Use will be made publicly available on this website by clicking the "Terms of Use" link at the bottom of the WebPercent home page. Continued use of the service is construed as your acceptance of the Terms of Use. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of WebPercent. 2. Changes to WebPercent Service. WebPercent reserves the right to change or discontinue the WebPercent service ("the Service") at any time, with or without notice. WebPercent shall be in no way liable for any consequence to anyone or anything which results from his decision regarding continuing, changing, or discontinuing any features of the Service. Furthermore, WebPercent shall not be liable for forwarding or retrieving notes, reminders, address entries or any other data entered by the User via the Service. 3. No Liability for Data Stored on WebPercent. WebPercent assumes no liability for any of the data which is stored on the WebPercent service, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the content they enter and store on the Service. 4. Individual Account Security, Privacy, and Personal Use. You agree that you are the only person responsible for the security of your account and WebPercent is not. You also acknowledge that your registration and subsequent logins to the Service are not protected by SSL or any other encryption method to protect your data during transfer from your browser (or other device) to our application. Furthermore, you understand that our data is hosted at an offsite location in a shared server environment. We cannot guarantee the security and data availability of our third party host. 5. Grant of License, Non-Transferable Membership. WebPercent grants you a personal, non-exclusive, non-transferable license to use the products and software made available through the WebPercent for your own individual purposes. All rights related to the Service not expressly granted by WebPercent to you are retained by WebPercent. You must have a valid, registered user account to access WebPercent. WebPercent may only be accessed and used by those authorized individuals who are registered with WebPercent. Your password may be maintained by you as often as you like, however this password is non-transferable and your account may not be shared for other individuals to use. Upon termination of your membership, cancellation or suspension of service, this agreement will automatically terminate and the license to use WebPercent shall be permanently revoked. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT. This includes access via Web, FTP, Secure FTP, API or OTHER protocols. 6. Disclaimer of Warranties. WebPercent IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE CHECKS OF THE DATA STORED IN YOUR ACCOUNT AND MAINTAIN A BACKUP OF ALL NOTES, REMINDERS, SCHEDULES, ADDRESSES AND OTHER DATA IN ANOTHER SYSTEM. FURTHERMORE YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ENTERING AND STORING PERSONALLY IDENTIFIABLE INFORMATION AND ANY OTHER SENSITIVE DATA SUCH AS BUT NOT LIMITED TO USERNAME, PASSWORDS, CREDIT CARD NUMBERS, SOCIAL SECURITY NUMBERS, ADDRESSES, BIRTH DATES AND ACCOUNT NUMBERS. You agree that this service comes with no warranty and is "AS IS" and "AS AVAILABLE" only. This service is not intended to be the sole location for any data; the User is responsible for backing up and securing their own data to a location other than WebPercent. You assume all risks associated with accepting a service of this kind. WebPercent expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement. 7. Limitation of Liability. You also agree that WebPercent will not be liable for any special, direct, consequential, indirect, or incidental damages which result from use, cost, errors, security breaches, or anything else related to the use of WebPercent. (If it is illegal for us to exclude certain liabilities for you because of your legal jurisdiction, the illegal exclusions do not apply to you.) 8. US Laws. When using WebPercent, you agree to follow U.S. laws regarding transmitting data, and not to make illegal use of the WebPercent System or use it for purposes which are illegal. Further, you agree not to use the System for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful material. You agree not to attempt to gain access to other computer systems. Also, you agree not to interfere with anyone else who is a member of WebPercent in their use and enjoyment of the Service. You agree to not transmit anything over WebPercent which could cause civil liability against anyone, or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations. 9. Indemnification. You agree to indemnify and hold WebPercent harmless from any type of demand or any type of claim which would include attorneys' fees which are reasonable, which are made by any third party as a result of your use of the WebPercent System, be it any type of infringement such as intellectual property or other rights, or other users of WebPercent using your computer, or an infringement of these Terms of Use by you. 10. Sole Responsibility for Data, Account Termination. You agree to be solely and completely responsible for all of your transmissions onto and off of your account at WebPercent, and the contents of those transmissions. WebPercent holds the right to terminate your access to the WebPercent system at any time with or without reason, at WebPercent’s sole discretion. If your account is terminated for any reason, you agree you may not have permission to access your account on the WebPercent system and your data will be permanently removed from our servers. WebPercent is not obligated to give you access to any data which you have entered into WebPercent in any way. 11. Advertisements. All accounts in WebPercent may be advertiser supported. That is advertising will be served onto pages that may contain personal data entered and accessed by you. WebPercent assumes no liability for anything offered in advertisements on WebPercent. Any actions which are taken or not taken as a result of those advertisements and any contact which you have with the advertisers is solely your responsibility. WebPercent assumes no liability for any loss of data, hardware or software failure, virus, malware or any undesirable user experience as a result of an ad being rendered within WebPercent. 12. Intellectual Property. By registering with the Service, you understand and agree that all content created by WebPercent including the questions for the WebPercent system, as well as all of the code that supports this system, is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents. Further, your use of the WebPercent system must be in accordance and governed by all appropriate state, federal, local, international, and national laws and regulations. 13. WebPercent Scoring. The algorithm for determining the WebPercent score of a User is proprietary and attempts to quantify the body of knowledge and level of digital technology utilization by the User. This score is in no way an indicator of User intelligence, education or any other personal attribute. It should not be used in any way to be a deciding factor in any decision whatsoever. The data provided is strictly informational and for the exclusive use by the User taking the assessment. 14. Applicable Laws. If anything which is inserted into this Terms of Use document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of the Terms of Use shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force. 15. Enforcement. If WebPercent fails to act on any of the terms of this document it should not be construed as a waiver of any provision unless WebPercent agrees to any such waiver in writing. |
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