The Site is comprised of various web pages operated by WALZ. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all of the Terms. Please read the Terms carefully, and keep a copy of them for your reference.
The Site is intended to provide company specific information to WALZ customers and prospects. The Site provides them with products and services to meet their requirements for compliance, full-cycle fulfillment, and returns management of critical customer communications.
Visiting the Site or sending emails to WALZ constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that WALZ provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that WALZ is not responsible for third party access to your account that results from theft or misappropriation of your account. WALZ reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in WALZ’s sole discretion.
WALZ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian. WALZ accepts no responsibility for verifying your age or verifying that permission of a parent or guardian has been obtained by you.
The Site may contain links to other websites ("Linked Sites"). WALZ does not operate or control the Linked Sites and WALZ is not responsible for the content of any Linked Sites, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. WALZ is provides Linked Sites to you only as a convenience, and the inclusion of any Linked Sites does not in any way imply endorsement by WALZ of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations (“Third Party Servicers”). By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that WALZ may share your information and data with Third Party Servicers with whom WALZ has a contractual relationship in order to provide the requested product, service or functionality on your behalf.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to WALZ that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, all data and materials developed or provided by WALZ in connection with the operation of the Site, including without limitation all pages, screens, functionality, text, images, and the general “look and feel” used on the Site, and all proprietary rights inherent therein or appurtenant thereto, are the property of WALZ or its suppliers and protected by copyright and other applicable laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WALZ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WALZ and, where applicable, the copyright owner. You agree that you do not acquire any ownership rights in any protected content. WALZ does not grant you any licenses, express or implied, to the intellectual property of WALZ or its licensors except as expressly authorized by the Terms.
The Site is controlled, operated and administered by WALZ from its offices within the United States of America (“USA”). If you access the Service from a location outside the USA, you are responsible for compliance with all applicable local laws. You agree that you will not use any WALZ content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless WALZ, its officers, directors, employees, agents and third parties, and successors and assigns, for any and all claims, losses, proceedings, injuries, costs, liabilities and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising out of your use of or inability to use the Site, any postings made by you, your violation of any of these Terms and Conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WALZ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WALZ in asserting any available defenses.
THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. WALZ IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF SUCH USE. The information, software, products, and services included in or available through the Site may include inaccuracies, omissions, typographical errors or may be out of date. Changes are periodically added to the information herein. WALZ may make improvements and/or changes to the Site at any time and without further notice to you.
WALZ makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. WALZ hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall WALZ be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if WALZ has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site.
WALZ reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and WALZ as a result of these Terms and Conditions or use of the Site. WALZ's performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of WALZ's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WALZ with respect to such use. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full effect.
Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and WALZ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WALZ with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and Conditions and all related documents be written in English
WALZ reserves the right, in its sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. WALZ shall also have right at any time and without prior notice, at its sole discretion, to revise these Terms and Conditions or to impose new terms and conditions with respect to access to or use of the Site. Such modifications shall be effective immediately upon posting or other notice thereof. The most current version of the Terms and Conditions will supersede all previous versions. Your access or use of the Site after notice of any such modifications shall constitute and be deemed your agreement to be bound by such modifications.
Effective as of July 01, 2014