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NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WEBCONNEX HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WEBCONNEX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, FOR ANY AND ALL DAMAGES THAT YOU MIGHT INCUR (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED LICENSEE’S MONTHLY BASE LICENSE FEES FOR A TWELVE (12) MONTH PERIOD.
Licensee and Webconnex shall safeguard the other’s Confidential Information against unauthorized use and disclosure with means at least as secure as it employs to safeguard its own Confidential Information, and in no event with less than reasonable means. Licensee agrees to NOT to upload or display any content that: (a) contains nudity, sexually graphic content, drug use (implied or literal), or material that is otherwise deemed explicit, or in poor taste by Webconnex; or (b) content that contains threatening, abusive, harassing, defamatory, libelous, invasive, hateful, or racially, religiously, ethnically or otherwise objectionable.
Therefore, Licensee agrees that Webconnex shall be entitled, without the necessity of posting of any bond or security, to the issuance of injunctive relief by any court of competent jurisdiction enjoining any breach or threatened breach of such covenants and for any other relief such court deems appropriate. Licensee may terminate this Agreement immediately, at any time, by delivering a written termination notice to Licensor; however termination any time prior to the last day of the month will result in the forfeiture of any license fees paid for that month’s service.
This right shall be in addition to any other remedy available to Webconnex at law or in equity. Licensor may terminate this Agreement at any time by giving at least sixty (60) days’ prior written notice; provided that Licensor may terminate this Agreement immediately by delivering a written termination notice to Licensee upon the material or continuing breach of this Agreement by Customer or if Customer infringes or misappropriates the intellectual property rights of Licensor.
Terms of Service for usage of Reg Fox, Ticket Spice, Giving Fuel, Red Podium and Grouprev – software products made by Webconnex LLC You, the Licensee (“Licensee”), and Webconnex, LLC, with offices at 455 Capitol Mall Suite 604, Sacramento, CA 95814 (“Webconnex”), as of the Effective Date, agree to be bound by this Licensee Agreement & Terms of Services Policies that may be updated from time to time online at Webconnex offers payments through We Pay, Inc. The We Pay Terms of Service are available here: https://go.wepay.com/terms-of-service-us.
YOU EXPRESSLY AGREE THAT USE OF WEBCONNEX IS AT YOUR SOLE RISK.
WEBCONNEX IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS 14. Licensee recognizes that the covenants contained in Sections 1,2,3,5 and 8 hereof are reasonable and necessary to protect the legitimate interests of Webconnex, that Webconnex would not have entered into this End-User Agreement in the absence of such covenants, and that Licensee’s breach or threatened breach of such covenants shall cause Webconnex irreparable harm and significant injury, the amount of which shall be extremely difficult to estimate and ascertain, thus, making any remedy at law or in damages inadequate.If Webconnex determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Purchaser, or seized. Customer Service may be available outside of these hours for an additional fee. All SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, REGARDING SUCH SCOPE OF WORK OR SERVICES’ ACCURACY, PERFORMANCE, OR ANY OTHER MATTER.Webconnex will not be responsible to provide any customer service directly with Licensee’s customers, subscribers, members or clients. PROMOTION: Licensee acknowledges that Webconnex may use Licensee’s brand, logo or name in conjunction with case studies, customer examples, product showcases on Webconnex’s website, email communication with customers, printed material and other promotional tools used by Webconnex. WEBCONNEX DOES NOT WARRANT THE SOFTWARE OR WEBSITE ARE WITHOUT ERROR OR THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE IN ITS OPERATION OR THAT THEY SOFTWARE WILL SATISFY LICENSEE’S REQUIREMENTS.This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature; • Accepting payments for goods or services provided by someone other than you; • Providing yourself or others with a cash advance from a credit card; • Any illegal purpose, or violating any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation, and data collection and privacy; • Defaming, harassing, abusing, threatening, or defrauding others; • Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy); • Damaging, disabling, overburdening, or impairing We Pay or Webconnex, including without limitation, using the Service in an automated manner; • Interfering with another user’s enjoyment of the Service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; • Competing with Webconnex, We Pay or Webconnex’s business partners; • Sending or receiving what Webconnex considers to be funds for something that may have resulted from fraud or other illegal behavior; • Abusing the payment card system or violating the Operating Regulations, in the reasonable opinion of the Networks or We Pay; • Acting as a money services business or money transmitter; • Transferring funds between bank accounts held in the same name; Creating an Account that is linked to another Account that has engaged in any of the foregoing activities.We Pay may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses. Webconnex will provide a reasonable level of customer service between the hours of 9am to 5pm Pacific Time, Monday through Friday.Our knowledge and expertise enables us to save you time and money.