1. Acceptance of our Terms
2. Provision of Services
You agree and acknowledge that WES may modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained on the Site. Furthermore, you agree and acknowledge that WES is entitled to provide services to you through subsidiaries or affiliated entities.
3. Trademark and Intellectual Property
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) of WES or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
4. Proprietary Rights and Prohibited Use
WES authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited. If you improperly use the Site, we will enforce our intellectual property and other rights to the fullest extent permitted by law, including the seeking of criminal prosecution where applicable. Any further rights not specifically granted herein are reserved.
5. User Information
6. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by us without notice at any time and for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement. Further, WES may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. WES may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
7. Disclaimer of Warranties
You understand and agree that your use of the Site is entirely at your own risk and that our services are provided “As Is” and “As Available”. WES does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Site, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. WES HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME 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 OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
8. Limitation of Liability
You understand and agree that WES and any of its subsidiaries or affiliates shall in no event, including but not limited to negligence, be liable for any direct, indirect, incidental, consequential, exemplary, or punitive damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not WES has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of WES is limited to the greatest extent permitted by law.
9. External Content
The Site may include hyperlinks to third-party content, advertising or websites, or you may be able to link to the Site from third party websites (collectively, the “Linked Sites”). You acknowledge and agree that WES is not responsible for and does not endorse any content, product, services, advertising, or resources available from such Linked Sites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by WES to resolve any legal matter arising from this agreement or related to your use of the Site. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining portions of this agreement will continue to be valid. You hereby waive your rights to a trial by jury. Should there be a dispute or claim arising out of or relating to these Terms and Conditions (including any alleged breach thereof) or the Site, you acknowledge that WES may elect to resolve such dispute or claim through BINDING ARBITRATION administered by the American Arbitration Association and you agree to such arbitration.
11. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and WES. You may be subject to additional terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
12. Changes to the Terms
WES reserves the right to change, modify, add or remove any portion of these Terms and Conditions from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of the Site after any changes to the Terms and Conditions will signify your acceptance of those changes and agreement to be bound by the Terms and Conditions as amended.