Please Read Carefully Prior To Using This Website
I. Acceptance of Terms
Welcome to www.WELEXON.com (the "Website"). This Website is operated by WELEXON, Inc., its subsidiaries and
affiliates (hereinafter "WELEXON"). The content on the Website is owned or licensed by WELEXON or owned by
third
parties that post on the Website through a license from WELEXON, but for whom WELEXON assumes no direct
responsibility.
Please read these website terms and conditions and the Privacy Policy, contained on the Website (collectively
referred to as “Terms”). User can find the current privacy policy at www.WELEXON.com/privacy (the "Privacy
Policy"). The Privacy Policy is hereby incorporated into these Terms by reference and constitutes a part of
these Terms.
Use of this Website is governed by these Terms which constitute a legally binding agreement between User and
WELEXON and these Terms apply to all persons who visit this Website ("Users”), regardless of the User's level
of
participation. By accessing or using this Website, User acknowledges that User has read, understands and
expressly and irrevocably agrees to the Terms and to abide by the Terms. In addition, User affirms that User
is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent,
and that User is fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If the
User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize
the Website.
These Terms list WELEXON's current policies and Terms, but WELEXON may adjust these Terms from time to time,
at
WELEXON's discretion, without providing any notice to User. In addition, WELEXON may cease all or part of the
Website at any time without notice and is not obligated to retain or return any post or comment. If User
objects to any such changes, User's sole recourse shall be to cease using this Website. Continued use of the
Website following the effective date of any changes shall indicate User's acknowledgement of such changes and
agreement to be bound by such changes.
II. Intellectual Property Rights
Ownership. All content, text, images, data, information and other material displayed, available
or present on this Website ("Content"), including any intellectual property rights in such Content (including
without limitation trademarks, service marks, trade dress and/or copyrights) or other intellectual property
rights associated with the Website (hereinafter "Intellectual Property Rights"), are the property of WELEXON,
its licensors, or designated owners and are protected by applicable intellectual property laws. User should
assume that everything User sees or reads on this Website is protected work and is protected by intellectual
property laws, unless otherwise noted, and may not be used without the written permission of WELEXON or the
respective owner except as provided in these Terms. A non-exhaustive list of WELEXON registered trademarks and
service marks (“Marks”) and common law Marks are posted on the Website at www.WELEXON.com/trademarks, which
may
be updated from time to time and which is incorporated herein. Any other marks used on the Website may be used
for identification purposes only and may be trademarks of the respective companies that own them.
Authorized and Prohibited Uses.User may access, use, and display this Website and download and
print copies of the Content only for non-commercial, informational, personal use, without modification or
alteration in any way, and only so long as User complies with these Terms and all applicable laws. If User
violates these Terms and/or any applicable laws, User's permission to use the Website is immediately
terminated. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content
or portion of this Website without the prior written permission of WELEXON; provided, however, if the
functionality of the Website permits the sharing of certain Content or a link through the use of an e-mail,
text messages or social media, etc., User may send that particular Content to others by that sharing method.
User agrees that he/she will not infringe upon any Intellectual Property Rights or remove or modify related
intellectual property and/or proprietary notices contained in this Website or the Content.
Registration and Passwords. WELEXON may or may not at times require a User to have a password
and
provide registration details to access this Website or portions of this Website. If WELEXON does require a
password and registration details, it shall be a condition of use of this Website that all the details User
provides are correct, current, and complete. If WELEXON believes that the details are not correct, current, or
complete, WELEXON will have the right to refuse User access to the Website, or any of its resources, and to
suspend and/or terminate User's account. User is responsible for maintaining the confidentiality of any
password(s) and registration details User is given to access this Website, and User is fully responsible for
all activities that occur under User's password(s) and/or registration details. User agrees to notify WELEXON
immediately of any unauthorized use of User's password(s) and/or registration details. WELEXON reserves the
absolute right, in its sole discretion, not to issue an account to any person or entity.
Copyright Infringement Notification.WELEXON is committed to complying with U.S. copyright law
and
to responding to claims of copyright infringement. WELEXON will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright
infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the
following Designated Agent for the Website in the manner described below:
By Email: DMCA@welexon.com
For User's complaint to be valid under the DMCA, User must provide all of the following information when
providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing
activity, and that is to be removed or access to which is to be disabled, as well as information reasonably
sufficient to permit WELEXON to locate the material;
- Information reasonably sufficient to permit WELEXON to contact the copyright owner, such as an address,
telephone number, and, if available, an electronic mail address;
- A statement that User has a good faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that User
are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
User should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright
infringement may be liable for damages incurred as a result of the removal or blocking of the material, court
costs, and attorney's fees.
Feedback. WELEXON does not accept or consider creative ideas, photographs, drawings, artwork,
suggestions for new products or product improvements, suggestions for technologies, methods, techniques,
processes, inventions, marketing plans, or any other feedback via its Website (“Feedback”). This policy has
been established in order to avoid any possibility that any products or services developed by WELEXON, or its
affiliates, might seem to a third-party to be similar to their own creative work. Accordingly, we respectfully
request that you do not send any such Feedback.
To the extent that Feedback is sent to WELEXON, WELEXON will treat such Feedback as non-confidential and
non-proprietary in each instance. WELEXON shall not have any obligation of confidentiality with regard to the
use or disclosure of any Feedback. Feedback may be used by WELEXON without restriction for any purpose
whatsoever, and you hereby irrevocably waive, release and give up any claim that any use of such Feedback
violates any of your rights, including, without limitation, copyrights, trademarks, patents, moral rights,
privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or
ideas. WELEXON shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify,
adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from,
distribute and otherwise use the Feedback in any and all media, now known or hereafter devised, throughout the
world, in perpetuity, without according you any compensation or credit.
By providing Feedback to WELEXON, you represent that such Feedback is created and is original by you and does
not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual
property rights and rights of publicity or privacy. All Feedback shall be the sole property of WELEXON and
will
not be acknowledged or returned. You agree and understand that WELEXON is not obligated to use any Feedback
you
make to WELEXON and you have no right to compel such use.
You hereby acknowledge and agree that your relationship with WELEXON is not a confidential, fiduciary, or
other
special relationship, and that your decision to submit any material to WELEXON does not place WELEXON in a
position that is any different from the position held by members of the general public with regard to your
Feedback. You understand and acknowledge that WELEXON has wide access to ideas, stories, designs, and other
literary materials, and that new ideas are continually being developed by WELEXON's own employees. Many ideas
may be competitive with, similar or identical to your Feedback. You acknowledge and agree that you will not be
entitled to any compensation as a result of WELEXON's use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of WELEXON's
actual or alleged exploitation or use of any Feedback you submit to WELEXON, the damage, if any, thereby
caused
will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to
in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or
allegedly based on the material.
III. Website and Registration Administration
Linking.No link shall be made to any page of this Website, except a direct link to the top page
http://www.WELEXON.com, without framing. In addition, any link to this Website must be immediately followed
by
notice to WELEXON via e-mail at webmaster@WELEXON.com. Moreover, in the event WELEXON deems User's linking
practices
in relation to this Website to be inappropriate, WELEXON may provide notice to the User concerning removal or
modification of the inappropriate link, and User agrees to comply with any and all requirements of WELEXON
relating thereto. Upon notification to WELEXON of User's link to the Website, as provided above, User may link
to this Website unless and until WELEXON gives notice that User must discontinue linking to this Website.
Authority of Website Administrator.WELEXON may in its discretion modify, edit, translate,
suspend,
restrict access to, or terminate this Website, these Terms, the Content, or any link at any time without
liability or prior notice. WELEXON may, in its discretion, terminate the browsing of, registration with, and
use
of this Website by any User at any time without liability or prior notice for any reason, including for any
breach of these Terms.
IV. User Requirements and Obligations
Compliance. User will comply with all applicable laws in connection with use of this Website.
Unsuitable Conduct.User will not engage in conduct on or in connection with this Website that is
illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not
cause damage, embarrassment, or adverse publicity to WELEXON.
User Cooperation and Notification.User will cooperate with all reasonable requests of WELEXON
and
will notify WELEXON promptly upon learning of any actual or suspected breach of these Terms by User or
unauthorized use or abuse of this Website.
Third Party Websites and Other Information.As a convenience to User, this Website may contain
Content, links, and other information submitted by third parties over whom WELEXON has no control or
responsibility. WELEXON has no obligation to monitor, control, or restrict the use of this Website or third
party websites accessible via links on this Website. These other Websites are not under the control of
WELEXON,
and User acknowledges that (whether or not such Websites are affiliated in any way with WELEXON) WELEXON is
not
responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of
such Websites. The inclusion of such a link does not imply endorsement of any Website by WELEXON or any
association with its operators. Moreover, WELEXON has no obligation to verify any Content submitted by any
user
or third party or to provide any registration or other information to User concerning any Content.
Unauthorized Use or Access.Unless otherwise expressly authorized in these Terms, User may not
take any action to interfere with the Website or any other user's use of the Website or decompile, reverse
engineer or disassemble any Content or other products or processes accessible through the Website, nor insert
any code or product or manipulate the Content in any way that affects any user's experience. While using the
Website, User is required to comply with all applicable statutes, orders, regulations, rules, and other laws.
In addition, WELEXON expects User to respect the rights and dignity of others. User's use of the Website is
conditioned on User's compliance with the rules of conduct set forth in this section.
User may not (and User expressly agrees that User will not) do any of the following, which violate these
Terms:
Additionally, User acknowledges and agrees that User (and not WELEXON) is responsible for obtaining and
maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access
and use the Website, and paying all charges related thereto.
-
Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available,
through or in connection with the Website:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b)
defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise
objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other
proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that contains or promotes
violence, drug use, illegal gambling or other criminal activity; that encourages conduct that
constitutes a criminal offense; or that encourages or provides instructional information about illegal
activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or
program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to
monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain
letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Website for any fraudulent or unlawful purpose.
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others,
including without limitation others' privacy rights or rights of publicity, or harvest or collect personally
identifiable information about users of the Website.
- Impersonate any person or entity, including without limitation any representative of WELEXON or an
Affiliated Entity; falsely state or otherwise misrepresent User's affiliation with any person or entity in
connection with the Website; or express or imply that we endorse any statement User makes.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website
available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Website (including without limitation by hacking or
defacing any portion of the Website).
- Use the Website to advertise or offer to sell or buy any goods or services for any business purpose,
without WELEXON's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of,
use of, or access to the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Remove any copyright, trademark or other proprietary rights notice from the Website or materials
originating from the Website.
- Frame or mirror any part of the Website without WELEXON's express prior written consent.
- Create a database by systematically downloading and storing Website Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve,
index, "scrape," "data mine" or in any way gather Website Content or reproduce or circumvent the
navigational structure or presentation of the Website.
V. Warranty, Indemnification, and Limitation of Liability
Warranty.This Website, its Content, and its links are provided on an "as is" and “as available”
basis and are used only at the sole risk of User, to the fullest extent permissible by law.
a) Technical Content. The material in this Website could include technical inaccuracies or other errors.
User's use and browsing of the Website is at User's risk. WELEXON does not warrant that the functional aspects
of the Website will be uninterrupted or error free or that this Website or the server that makes it available
are free of viruses or other harmful components.
b) Performance. Without limiting the foregoing, WELEXON and its directors, officers, employees, agents,
representatives, licensors and providers make no representation or warranty (a) regarding the statements, acts
or omissions of any third parties; (b) that the website and/or any of its features will be available on a
timely basis, or that access to the website and/or any of its features will be uninterrupted or secure; (c)
that defects or errors will be corrected; or (d) that the website or the servers or networks through which the
website is made available are secure or free of viruses or other harmful components. Further, WELEXON does not
promise that this website, nor any information, Content made available through the website, will be accurate,
reliable, complete, error free or compatible with any particular hardware or software.
c) General. WELEXON disclaims all warranties, express or implied, of any kind, regarding this Website
(including its Content, hardware, software, and links), including any express or implied warranties as to
fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy,
completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES
NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS
WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WELEXON will not be liable for any
damages
or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including
without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in
connection with use of the internet, this Website, its Content, or its links, however caused, whether in
contract, tort, negligence, strict liability or otherwise, even if WELEXON has been advised of the possibility
of such damages. WELEXON will not be a party to, and will have no responsibility or liability for, any
transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of
the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability
of WELEXON will be limited to, in the sole discretion of WELEXON, either the (1) correction or deletion of any
inaccurate Content or link; or (2) refund of any fees for this Website received by WELEXON from User.
Limitation of Liability. WELEXON nor any of its agents, nor any other party involved in
creating,
producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or
punitive damages or losses arising out of or in connection with User's access to, or use of, the Website, its
features or any Content made available through the Website, even if advised in advance of such damages or
losses, to the extent permitted by applicable law. WELEXON'S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE
THE TOTAL AMOUNT PAID BY USER TO ACCESS AND USE THE WEBSITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW
FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE
EXTENT THAT SUCH LAW APPLIES TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
Indemnification. Each User will defend, indemnify, and hold WELEXON and their respective
officers,
directors, employees, and agents, and any of its licensors, website partners, or contractors harmless from any
demands, claims, damages, liabilities, expenses or harms, including attorney's fees, arising in connection
with User's actions or omissions, including use of this Website, online conduct, breach of these Terms, or
dealings or transactions with other persons resulting from use of this Website.
VI. International Users
U.S. Website.The Website is controlled, operated and administered by WELEXON (or its licensees)
from its offices within the United States of America and is not intended to subject WELEXON to the laws or
jurisdiction of any state, country or territory other than that of the United States. WELEXON does not
represent
or warrant that the Website or any part thereof is appropriate or available for use in any particular
jurisdiction other than the United States. Those who choose to access the Website do so on their own
initiative and at their own risk, and are responsible for complying with all local statutes, orders,
regulations, rules, and other laws. User is also subject to United States export controls and is responsible
for any violations of such controls, including without limitation any United States embargoes or other federal
rules and regulations restricting exports. WELEXON may limit the Website's availability, in whole or in part,
to
any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Personal Data. Note that User's personal data, if User provides any, will be stored in WELEXON
databases (including local storage) or databases managed by third party service providers, which are located
within and outside of the United States. Such data will be automatically transferred to these databases, which
may be located in countries where privacy rules differ and may be less stringent than those of the country in
which User reside. If User visits the Website from a country in the European Union, User consents to such
cross-border transfers of personal data to the United States.
VII. Miscellaneous
Separate Terms.In connection with User's use of and/or access to Content contained in certain
areas of this Website, it may be necessary for User to consent to policies or Terms in addition to the Terms
set forth herein, which User should read carefully before making any use of such Content or areas of this
Website. Any such additional Terms will not vary or replace these Terms regarding any use of this Website,
unless otherwise expressly stated.
Dispute Resolution; Applicable Law and Forum.With respect to any and all disputes arising out of
or in connection with this Website or these Terms (including without limitation the Privacy Policy), WELEXON
and
User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order
to achieve a mutually satisfactory resolution. WELEXON has no obligation to become involved in any dispute
between a User and any other person. This Website, these Terms, and any dispute arising in connection
therewith shall be exclusively governed by and construed in accordance with the laws of the State of Florida
and the United States without regard to its conflict of law principles. WELEXON and User agree that all
disputes
arising under this agreement will be settled exclusively through confidential binding arbitration in St.
Petersburg, Florida, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce
("ICC") by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said
Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent
jurisdiction. User agrees that WELEXON is entitled to obtain preliminary injunctive relief to the extent
allowed
by law to enforce any of the provisions of these Terms pending a final arbitral decision.
Modification of Terms, Etc. These Terms constitute the complete agreement between the parties
with respect to their subject matter and supersede any prior agreement or communication. These Terms are
subject to change from time to time and are effective immediately upon posting. WELEXON will endeavor to post
a
notice of any changes to these Terms for a period of thirty (30) days following any such modifications.
Therefore, User is advised to review these Terms occasionally or at least every thirty (30) days. User's
continued use of this Website, subsequent to WELEXON's notice of modification of these Terms, shall constitute
User's acceptance of the modified Terms. If any provision of these Terms shall be found to be invalid,
illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms, or the
whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such
provision enforceable, and the rights and obligations of the parties shall be construed and enforced
accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms.
The parties hereto are separate and distinct, and this agreement is not intended to create and does not create
an agency, partnership, or joint venture relationship between the parties nor do these Terms extend to any
third party. User's obligations pursuant to these Terms shall survive termination of this Website, any use of
this Website, any Content provided by User on this Website, and/or these Terms.
Contact Information. If User has any questions regarding these Terms or this Website, please
contact WELEXON at webmaster@WELEXON.com
Last Updated December 2017.