Terms of Use

Updated: October 2020

About These Terms of Use

These terms (“Terms”) are a legal agreement between you and Webinfinity Americas, Inc. and its direct and indirect subsidiaries (“Webinfinity”). The Terms control your use and access to Webinfinity’s websites and online information (the “Sites” or “Site”). By using Webinfinity’s Sites, you agree to these Terms. Webinfinity may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.

License Disclaimer and Use Restrictions

Nothing on any Webinfinity Site gives you any license under any Webinfinity or third party intellectual property rights. All intellectual property rights in this Site belong to Webinfinity or other parties that licensed their material to Webinfinity. Subject to these Terms, Webinfinity grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Webinfinity Content”). This limited license is only for your personal, noncommercial use. You must keep Webinfinity’s proprietary notices on any copies you make of Webinfinity Content. Unauthorized use of Webinfinity Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Webinfinity for your unauthorized use of Webinfinity Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Webinfinity Content in your possession or control. Other than as stated above, you must not:

  • change, alter, copy, distribute, republish, download, display, post, or send the Webinfinity Content in any form or by any means without Webinfinity’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Webinfinity Content;
  • use the Site or Webinfinity Content for any purpose that is unlawful or prohibited by these Terms;
  • use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
  • “mirror” or “frame” any Webinfinity Content on any other device without Webinfinity’s written permission;
  • use the Webinfinity Content to benchmark any Webinfinity Content against any other person’s or entity’s products, services or information; or
  • use the Webinfinity Logo or any other Webinfinity trademark as a "hot" link to any part of the Site unless Webinfinity approves that use in writing.

Copyright and Trademark Policy

Third-Party IP. Webinfinity respects the intellectual property of others, and we ask everyone using or visiting the Webinfinity websites and using the service to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the accounts of users who may infringe the copyrights or other intellectual property rights of Webinfinity and/or any third parties. Webinfinity will terminate a user's access to the service if, under appropriate circumstances, the user is determined to be a repeat infringer.

Webinfinity Copyright. All materials are the property of Webinfinity or its content suppliers and protected by united states and international copyright laws. The compilation of all materials on the Webinfinity websites is the exclusive property of Webinfinity or its suppliers and protected by U.S. and international copyright laws. All software used on the Webinfinity websites is the property of Webinfinity or its software suppliers and protected by united states and international copyright laws.

Trademarks. Webinfinity, and other Webinfinity graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Webinfinity. Unless expressly agreed to in writing, Webinfinity’s trademarks and trade dress may not be used in connection with any third-party products or services in any manner, and particularly in any manner that is likely to cause confusion among customers, or that disparages or discredits Webinfinity. All other trademarks not owned by Webinfinity that appear on the Webinfinity websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Webinfinity.

Copyright infringement claims. Webinfinity's agent for notice of claims of copyright or other intellectual property infringement (the "copyright agent") can be reached as follows:

By Mail:

Copyright Agent
Webinfinity Americas, Inc.
315 Main Street
Huntington
New York
11743
United States


By Phone:

+1-516-331-5180

By Mail:

Copyright Agent
Webinfinity Europe Limited
Springfield House,
Springfield Road,
Horsham, West Sussex,
RH12 2RG
United Kingdom


By
Phone:

+44 (0)1737 225130

By Email:

copyright.agent@webinfinity.com

Privacy

Webinfinity’s Privacy Statement applies to your use of the Site and is part of these Terms. Please review the Webinfinity Privacy Policy and related information about your privacy and Webinfinity’s use of your information. You acknowledge and agree that you are responsible for:

  • protecting any account and password information applicable to your use of the Site;
  • restricting the use and access to your computer, smartphone, or other device used to access the Site; and
  • any activity that occurs under your account due to your failure to protect such information.

Communicating Electronically

When you use the Site, you are communicating with Webinfinity. You agree to receive electronic communications related to your use of the Site. Webinfinity may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Webinfinity may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Webinfinity sends or posts them.

Export

All Webinfinity Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.

Disclaimers

You agree that you take full responsibility for your use of the Site. Webinfinity provides the Site and all Webinfinity Content on an “as is” and “as available” basis. Specifically, Webinfinity:

  • makes no representation or warranty of any kind;
  • disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
  • does not guarantee that the Site and Webinfinity Content will be free of errors or defects.

Limitation of Liability

Webinfinity is not liable under any legal theories (including negligence) for any type of damages, even if Webinfinity knew of the possibility of such damages. Webinfinity is not liable for loss of data or profits arising from your use or inability to use the Site or the Webinfinity Content. If your use of the Webinfinity Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification

You agree to indemnify, defend, and hold Webinfinity and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous

  • These Terms do not create any legal relationship between you and Webinfinity.
  • Webinfinity’s failure to enforce a right does not mean that Webinfinity has waived that right.
  • If a court or other tribunal finds any provision of these Terms unenforceable, Webinfinity will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
  • Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
  • Webinfinity may assign its rights under these Terms, but you may not do so.
  • These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Webinfinity and you about your use of this Site.
  • Headings are for reference only.
  • These Terms supersede any prior agreements with Webinfinity about using this Site and its content.
  • Webinfinity’s direct and indirect subsidiaries are third party beneficiaries of these Terms.

Governing Law; Dispute Resolution

You agree that the laws of the state of New York will govern any claim or dispute relating to these Terms, the Site, Webinfinity Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to New York conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Suffolk County, New York. Before you or Webinfinity file any lawsuit regarding a Dispute, you and Webinfinity will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Webinfinity will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

Contact Us

Webinfinity owns this Site. If you have a question or complaint about the Site, please contact us. If you have a question about Webinfinity’s collection or use of personal information, please see Webinfinity’s Privacy Statement or contact data.protection@webinfinity.com. California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.