Wordzone, Inc. Terms of Service
Acknowledgment and Acceptance of Terms of
Service
Wordzone.com ("Service"), owned and operated by Wordzone, Inc.
("WZ"), is provided to you ("User"), under the terms and conditions of
this WZ Terms of Service ("WZTS") and any operating rules or policies that may
be published by WZ. The WZTS comprises the entire agreement between User and WZ and
supersedes all prior agreements between the parties regarding the subject matter contained
herein. By using the Service, you are confirming your agreement to be bound by all of the
terms and conditions of this WZTS, of the Wordzone Provider Terms of Service and of
the Wordzone Purchase Agreement. It is understood and agreed that an e-mail/online
version of these WZTS shall have the same legal effect as the original.
Description of Service
WZ provides User with:
(1) a medium to find individuals or companies providing Language
Services, i.e. translation and interpretation and proofreading services
("Professional");
(2) a medium to see information, including résumés, about Professional services;
(3) a medium to see and receive Professional quotes;
(4) a medium to order Professional services;
(5) a medium to purchase Professional services through Express Translation Services;
(6) a medium to use resources published as entertainment and educational content;
(7) a medium to describe and provide information about projects for the purpose of
allowing WZ to actively pursue solutions with Professional organizations.
This service is provided via the Internet. In
consideration of this Service, User agrees to:
(1) provide certain current, complete, and accurate information about User as prompted to
do so by the Service and (2) maintain and update this information as required to keep it
current, complete and accurate. All information received as a result of using
WZ, shall be referred to as a) registration data b) order data ("Data").
Furthermore, User grants WZ the right to disclose to third parties certain Data about User
and Service in the aggregate; however, such disclosures will exclude Users name,
mailing address, email address, account and phone number, unless: (1) User expressly
directs WZ, or any other person User may specifically designate to disclose such
information through the Service as provided by the Service or (2) WZ is required to
disclose such information by any applicable law or legal process served on WZ. If any
information provided by User is inaccurate, WZ retains the right to terminate User's
rights to use the Service.
Description of User
User refers to any individual, company, organization or other entity who directly or
indirectly uses the Service for the purpose of gaining Professional information, pricing
or exploiting other services provided under the WZTS;
Obligations of User
User is solely responsible for the contents of material transmitted via the Service. This
includes, but is not limited to material provided for databases and quotation procedures.
User agrees:
(1) that all material, information and other types of data submitted will be, to
the best of the User's knowledge, true and complete;
(2) to supply document(s) and other materials in the manner specified on relevant pages;
(3) to fulfill obligations set forth in WZTS and Purchase Agreement
(4) to comply with the instructions set forth for individual services;
(5) that WZ is authorized to release information provided; including name and other
details to the relevant Professional, if using a service that requires this information to
be released;
(6) that WZ makes no warranty as to the results that may be obtained from the use of WZ's
services,
(7) to pay for Professional services in compliance with all payment terms and conditions
set forth in quotation and order procedures.
WZ may, at its sole discretion, immediately terminate Service
should User's conduct fail to conform with these terms and conditions of the WZTS.
Confidentiality
User agrees to treat all information learned through association with WZ,
including the names of WZs clients, potential clients and all information contained
in the documents disclosed by WZ or by WZs clients, whether for translation,
interpretation, review, estimate, evaluation or for any other reason, as strictly
confidential. User shall not use or disclose to others, directly or indirectly,
individually or in combination with others, the names or identities of WZs clients
or potential clients, the documents disclosed to the User by WZ or the
translation/interpretation thereof or any information contained therein or any data
derived therefrom, or any other information derived from WZ or WZs clients without
prior written consent of WZ and, if applicable, WZs clients.
User understands that by breaching the provisions of this WZTS
damage may be caused to WZ that may be irreparable and difficult to estimate. It is
understood that WZ is entitled to sue for damages resulting from such breach, or seek
other legal remedies, including, but no limited to, injunctive or equitable relief. Users
understand that in the course of their association with WZ, they may be required by WZ or
WZs clients to execute additional Specific Confidentiality Agreements. Each party
hereby acknowledges that it may be exposed to confidential and proprietary information
belonging to the other party or relating to its affairs. Confidential Information does not
include (i) information already known or independently developed by the recipient; (ii)
information in the public domain through no wrongful act of the party, or (iii)
information received by a party from a third party who was free to disclose it.
Default
Events of default: Violation of any of the material provisions of this WZTS and
failure to remedy or cure such violation within thirty (30) days after written notice of
such violation from any party shall be deemed to be an event of default by the other
party.
Effect of default: Upon the occurrence of an event of default by
one party, the other party shall have the right to sue the defaulting party for damages
resulting from such violation, or seek other legal remedies, including but not limited to
injunctive or equitable relief.
Disputes
Should any dispute arise between Users, all best efforts shall be put forward to
resolve the dispute. Under all circumstances this dispute should not include the liability
of WZ. User understands and agrees that WZ can not be involved in any way and under
any circumstance whatsoever, in any dispute or litigation arising between
Professionals/Users. Users waive all rights against WZ and agree to hold WZ harmless from
any claim or demand. Users expressly agree to not contact or involve WZ for any matter
relating to any dispute between Professionals/Users or with any other third party. Users
agree not to involve WZ in any way, under any circumstance, in any litigation, lawsuit or
legal procedure, between Professionals/Users and other Professionals/Users or other third
parties.
Modifications to Terms of Service
WZ may change the terms and conditions of the WZTS at any time. Upon any change to the
terms and conditions of the WZTS, WZ will post appropriate notification herein.
Modifications to Service
WZ reserves the right to modify or discontinue the Service with or without notice
to Users. WZ shall not be liable to Users or any third party should WZ exercise its right
to modify or discontinue the Service.
Privacy Policy
It is WZs policy to respect the privacy of its Users. Therefore, in
addition to the privacy of Registration Data, WZ will not edit, or disclose the contents
of a User's private communications unless required to do so by law or in the good
faith belief that such action is necessary to: (1) conform to the edicts of the law or
comply with legal process served on WZ; (2) protect and defend the rights or property of
WZ; or (3) act under exigent circumstances to protect the personal safety of its Users or
the public. User acknowledges and agrees that WZ neither endorses the contents of any User
communications nor assumes responsibility for any threatening, libelous, obscene,
harassing or offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime facilitated thereby.
Disclaimer of Warranties
User expressly agrees that use of the Service is at User's sole risk. WZ
expressly disclaims all warranties of any kind, whether expressed or implied, including,
but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. WZ makes no warranty that the Service will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or error free;
nor does WZ make any warranty as to the results that may be obtained from the use of the
Service or as to the accuracy or reliability of any information obtained through the
Service. WZ makes no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by User from WZ or through the Service
shall create any warranty not expressly made herein.
Limitation of Liability
WZ shall not be liable for any direct, indirect, incidental, special or
consequential damages, resulting from the use or the inability to use the Service, or for
cost of procurement of substitute services, or resulting from transactions entered into
through the Service, or resulting from unauthorized access to or alteration of
User's transmissions or data, including but not limited to, damages for loss of profits,
use, data or other intangible, even if WZ has been advised of the possibility of such
damages.
Indemnification
User agrees to indemnify and hold WZ, its parents, subsidiaries, affiliates,
agents, officers and employees, harmless from any claim or demand, including reasonable
attorneys fees, made by any third party due to or arising out of User's use of
the Service, the violation of this WZTS by User, or the infringement by User, of any
intellectual property or other right of any person or entity.
Termination
Either WZ or User may terminate the Service with or without cause at any
time and effective immediately. WZ shall not be liable to a User or any third party for
termination of Service. Should User object to any terms and conditions of the WZTS or any
subsequent modifications thereto or become dissatisfied with the Service in any way,
User's only recourse is to immediately discontinue use of the Service.
Laws
The WZTS shall be governed by and construed in accordance with the laws of the
state of Illinois in the United States, and any action shall be initiated and maintained
in a forum of competent jurisdiction in such designated area. If any provision(s) of the
WZTS is held by a court of competent jurisdiction to be contrary to law, then such
provision(s) shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect. WZs failure to
exercise or enforce any right or provision of the WZTS shall not constitute a waiver of
such right or provision unless acknowledged and agreed to by WZ in writing. User and WZ
agree that any cause of action arising out of or related to this service must commence
within one (1) year after the cause of action arose; otherwise, such cause of action is
permanently barred.
Clients: Also see Purchase
Agreement
Professionals: Also see Provider Terms
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