- Copyright, Licenses, Idea Submissions, and Trademarks. The entire contents of this website are protected by all applicable copyright and trademark laws. The owner of the copyrights and trademarks is Wesley Tran, its affiliates, successors, beneficiaries, or other third party licensors. YOU MAY NOT COPY, MODIFY, REPRODUCE, REPRODUCE, POST, UPLOAD, DISTRIBUTE, OR TRANSMIT, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may only download portions of material from the different areas of the site solely for your own non-commercial use on the condition that you agree not to change or delete any copyright or proprietary notices from the site. You agree to grant Wesley Tran a non-exclusive, royalty-free, worldwide, perpetual license, with the right to reproduce, distribute, transmit, sub-license, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and newsgroups) or by e-mail to Wesley Tran by all means and in any media now known or hereafter developed. You also grant to Wesley Tran the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Wesley Tran for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Wesley Tran. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Wesley Tran. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
- Use of The Site and Disclaimer of All WarrantiesYou understand that, except for information, products or services clearly identified as being supplied by Wesley Tran sites, Wesley Tran does not operate, control or endorse any information, products or services on the Internet in any way. Except for sites mentioned above, identified information, products or services, all information, products, and services offered through this Site or on the internet generally are offered by third parties, that are not affiliated with Wesley Tran or sites. You also understand that Wesley Tran cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.You assume total responsibility and risk for your use of the site and the Internet. Wesley Tran provides the site and related information ‘as is’ and does not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise, information, or service provided through the service or on the Internet generally, and Wesley Tran shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Wesley Tran DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS. Wesley Tran HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Wesley Tran makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Wesley Tran web site(s), please understand that it is independent of Wesley Tran and that Wesley Tran has no control over the content on that web site. In addition, a link to Wesley Tran does not mean that Wesley Tran endorses or accepts any responsibility for the content, or the use, of such web site.
- Limitation of LiabilityIN NO EVENT WILL Wesley Tran BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Wesley Tran OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE(S). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Wesley Tran LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- IndemnificationYou agree to indemnify, defend and hold harmless Wesley Tran, its affiliates, successors, joint venturers, partners, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Service.
- Third Party RightsThe provisions of paragraphs 2 (Use of the Site and Disclaimer of all Warranties), and 4 (Indemnification) are for the benefit of Wesley Tran and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions.
- Term; TerminationThe provisions of paragraphs 1 (Copyright, Licenses, Idea Submissions, and Trademarks), 2 (Use of the Site and Disclaimer of all Warranties), 3 (Limitation of Liability), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive termination of this Agreement.
- MiscellaneousThis Agreement shall all be governed and construed in accordance with the laws of the United States of America applicable to agreements made and to be performed in the United States of America. You agree that any legal action or proceeding between Wesley Tran and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas, United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Wesley Tran’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Wesley Tran may assign its rights and duties under this Agreement to any party at any time without notice to you.Any rights of Wesley Tran not expressly granted herein are reserved.