A. About Us:
BY ACCESSING OUR SERVICES YOU ARE ACCEPTING THESE TOU AND ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS, AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TOU.
1. Grant of License. These TOU provide you with a personal, revocable, non-exclusive, non-transferable license to use the Services. Wonk shall be entitled to terminate this license granted to you with immediate effect and without notice, including removing your ability to access or use the Services, for any reason or no reason, as determined by Wonk. Wonk reserves the right, at any time and in its sole discretion, (a) to block traffic or other access to the Services, whether or not directly or through third party links or Postings and (b) to block or remove your use of a link to the Services. Except as set forth herein, nothing in these TOU is intended to confer any benefit on any third party (whether such benefit would have arisen under any applicable law or regulation or otherwise) and no term will be enforceable by any third party.
3. Content on Our Services.
(a) By Us. All Posts and Content on our Services, or obtained from a Third Party Site (defined below) are provided to you “AS IS”. Wonk expressly disclaims all liability related to the accuracy or reliability of any opinion, advice, or Content on our Services or reliance on any of the aforementioned, as described more fully below.
(b) Third Party Content. The Website may contain links to third party websites or resources, which may or may not be obvious (“Third Party Site”) as well as advertisements, software, and other Content originating from third parties (collectively, “Third Party Material”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or through any Third Party Website or Third Party Material. Such Third Party Sites and Third Party Material are not monitored or checked for accuracy, appropriateness, or completeness by us, and Wonk is not responsible for the Content or performance of any Third Party Sites accessed through the Website or any Third Party Material Posted on, available through or installed from the Website, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Material. If you leave the Website and access any Third Party Sites, or if you use or install any Third Party Material, you do so at your own risk and you should be aware that our terms and policies no longer govern. You hereby expressly agree to comply with any and all terms and conditions, user guides and privacy policies of any of Third Party Site. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY MATERIAL AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
(c) You agree that Wonk may but is not obligated to: (A) filter any Posted Content including but not limited to, deleting or replacing expletives or other harmful or offensive language, (B) refuse to display any Posted Content and/or (C) disclose any Posted Content and the circumstances surrounding the use thereof, to any third party in order to (1) provide the applicable products or services to enforce these TOU, or (2) to comply with legal obligations or governmental requests. You agree may remove Posted Content from our Services for any reason or no reason, as determined by us; however, Wonk has no obligation to remove Posted Content in response to User reports or requests. Wonk is not responsible for, and will have no liability for, the removal or non-removal of any Posted Content from our Services.
4. Permitted Use. In exchange for the right to access and use the Website as set forth in these TOU, you agree as follows: (a) you will access and use the Website solely for your own personal, noncommercial use; (b) you will not use the Website in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Website, or in any manner inconsistent with these TOU; (c) you will not defeat or interfere with any security feature of the Website, or attempt to do so; (d) you will not alter or modify any Content or component of the Website; (e) you will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any Content, component, or feature of the Website without the prior written permission of Wonk, or Content which you have the prior written permission of the owner to use; (f) you will not use the Website to Post Content that you did not create or that you do not have permission to Post; (g) you will not use any automated system, software, or device to generate and send unsolicited communications to or through the Website; (h) you will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Website, nor use the communication systems provided by the Website for purposes of sending any commercial solicitation; (i) you will not upload, Post, or otherwise make available any Content that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment; (j) you will not use the Website to Post child pornography, and you understand that any use of the Website to publish or transmit child pornography will be reported to law enforcement authorities, together with any identifying information Wonk may have regarding you, and will result in termination of your Account; (h) you will not use the Website to Post Content that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, or intended for any illegal purpose, as determined by Wonk in our sole discretion; (i) you will not use the Website to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service; and (j) you will not harass or intimidate any other User.
5. Intellectual Property.
(a) The Content on our Services, including their layout and design, are protected by United States trademark and copyright law and other applicable law and are the exclusive property of Wonk, its licensors, Users, or third parties (except as otherwise identified) and, except as expressly provided herein, Wonk does not grant any express or implied right in any such materials to you. In particular and without limitation, Wonk owns the copyright in the Content on our Services as a collective work and/or compilation. Wonk also owns the copyright on, or holds a license for, any and all databases accessible through our Services and in the selection, coordination, arrangement, aggregation and enhancement of the Content on our Services. Wonk is entitled to use all such databases, Submissions (as defined in our Terms of Service) and Posts for such purposes not inconsistent with these TOU. You may, on an occasional and irregular basis, print and download materials and information from our Services solely for personal and non-commercial use or for internal business use, provided that you comply with these TOU with respect to any copyright or other proprietary notices contained in such materials and information. All copyrights and trademarks not the property of Wonk that are used or referred to in our Services s are the property of their respective owners, and may be subject to other or additional restrictions.
(b) Infringement Claims. Wonk respects the intellectual property rights of others. If you believe that the Content and/or the materials on our Services violate the Digital Millennium Copyright Act of 1998 (the DCMA) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to us at firstname.lastname@example.org containing the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on or available through our Services; (D) your address, telephone number, and email address; (E) 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; (F) 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.
(c) The Wonk logo, and all other names, logos, and icons identifying Wonk and/or Wonk products and services are proprietary marks of Wonk or its licensors. Third party product and company names mentioned herein are the trademarks of their respective owners.
(d) The components, data, and features of our Services may be added to, modified, suspended, or discontinued by us without notice, and you agree that Wonk shall not be liable to you or to any third party for any addition, modification, suspension, or discontinuance of our Services or any part thereof. You understand and agree that the Services are provided “AS-IS” and that Wonk assumes no responsibility for the timeliness or availability of the Services, nor for deletion or failure to store any User Content or personalization settings. In addition, you understand that agree that you must provide and are responsible for all equipment necessary to access the Service.
6. Termination of License. You understand and agree that Wonk may, in its sole discretion and at any time, for any reason, terminate your license to access the Services, suspend your use of the Services, or prohibit you from accessing the Services, in whole or in part in any manner using any method, as determined by Wonk. You understand and agree that Wonk may take any one or more of these actions without prior notice to you. Any violation of these TOU may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities.
7. Disclaimer of Warranties.
(a) Wonk makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Website. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Wonk. The Website may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Wonk assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, User communications. Wonk is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or in connection with the Website, including injury or damage to a User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website.
(c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WONK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, AND NON-INFRINGEMENT. WONK MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS WILL BE CORRECTED, (vi) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(d) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS OBTAINED AND USE AT YOUR OWN DISC RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WONK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
(e) THE WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER CONTENT CREATED BY WONK OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
8. Limitation of Liability.
(a) YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, WONK AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM THE SERVICES, ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES, OR YOUR USE OF THE SERVICES, EVEN IF WONK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, THE “RELEASED MATTERS”). TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO A MAXIMUM OF $125.
(b) BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters. You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend to release fully, finally and forever all Released Matters. You agree that the releases set forth in the TOU will remain in effect notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification. BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO: (i) YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; (ii) YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY LAW; (iii) YOUR USE OF THIS Website IN VIOLATION OF THESE TERMS OF SERVICE; (iv) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; AND (v) ANY MISREPRESENTATION MADE BY YOU. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF WONK.
(a) In the event that any dispute arises with respect to our Services, TOU, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Montgomery County, Maryland, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event Wonk elects not to require that a dispute arising with respect to our Services, TOU, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these TOU or any of our Policies, or your use of our Services. By using our Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Montgomery County, Maryland or in the Federal U.S. District Court for the District of Maryland as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(b) Class Action Waiver. The decision-maker may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Wonk specifically agree to do so following initiation of litigation or arbitration, as the case may be. Neither you, nor any other User of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.
11. Choice of Law. This TOU, including all revisions and amendments thereto, and any disputes arising from or relating to this TOU or your use of the Services, are governed by the laws of the State of Maryland, without regard to any conflict or choice of law principles that would require application of the laws of another jurisdiction.
12. Survival. Anything herein to the contrary notwithstanding, the provisions of Sections 5, 8, 9, 10, and 11 of these TOU, and any other provision of these TOU which in accordance with its terms is intended to survive the termination of these TOU, shall survive the termination of these TOU and or your license to access the Services.
13. No Waiver; Severability. The failure of Wonk to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Communication With Users. Wonk utilizes email as a vital and primary communication channel with Users. Users hereby acknowledge and grant Wonk the permission to communicate with Users via email or other method Wonk may determine for any reason Wonk determines to be relevant. Wonk will use best efforts to honor a User’s request to opt out of marketing messages, but under no circumstances will Wonk be liable for sending any emails to Users.
15. Entire Agreement; Modification. These TOU together with our Polices any other document referenced herein, constitute the entire understanding between Wonk and you with respect to the subject matter hereof. You agree that Wonk may amend, modify, or alter these TOU and/or our Polices at any time in our sole discretion. Wonk will notify you about changes to these TOU by placing the updated TOU on our Website. You agree that your use of our Services after such notification will constitute acceptance by you of such changes to our TOU.
16. Feedback. Please send your comments, concerns, or questions to: email@example.com. While Wonk encourages you to provide feedback, comments and questions, it is possible that Wonk may not be able to respond to all feedback we receive.