EFFECTIVE DATE: February 1, 2010
This website, www.westcentralinc.com (the “West Central Website”), is owned and operated by West Central, Inc. (referred to as "West Central” "we," "us" or "our"), a corporation organized under the laws of Minnesota. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEST CENTRAL WEBITE. By using this West Central Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the West Central Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the West Central Website following the posting of changes to the Terms will mean you accept those changes.
The West Central Website
The West Central Website may include on a periodic basis information provided by West Central concerning market conditions, weather forecasts, pricing trends and other information that you might find useful (collectively the "West Central Content"). The West Central Content reflects the personal thoughts and/or opinions of West Central. The West Central Content is provided by West Central solely on an "AS-IS" basis.The West Central Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the West Central Website is the property of West Central or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. West Central hereby grants you a limited, nonexclusive, non-transferable, personal license to use the West Central Website for personal or informational purposes only. You may print and/or download and store portions of West Central Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the West Central Website. Except as expressly authorized by West Central in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the West Central Website for any purpose. All rights not expressly granted herein are reserved to West Central and/or its licensors.
To create use certain features of the West Central Website, purchase services from West Central or participate in certain activities sponsored by West Central, we might ask you to register as a customer, user or participant. If so requested, each West Central Website user must: (1) personally provide true, accurate, current and complete information on the West Central Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, West Central has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, West Central may suspend or terminate any and all current or future use of the West Central Website by that user. A user may receive passwords and account designations upon completing certain West Central Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
CONTENT SUBMISSIONS
The West Central Website may include the following interactive services: blogs, chat areas, forums, product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to West Central or the West Central Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, non-exclusive, transferable license to West Central to use, reproduce, modify, publish, translate, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. West Central has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. West Central shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. West Central, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of West Central Website users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (a) you shall not upload to, distribute through or otherwise publish through the West Central Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the West Central Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this West Central Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from West Central; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. West Central shall not be liable in any way for any Content.
TERMINATION
West Central may terminate your use of the West Central Website for: (1) breach of these Terms; (2) your abuse of West Central Website resources or attempt to gain unauthorized entry to the West Central Website; or (3) as required by law, regulation, court or governing agency order. West Central's termination of any user's access to the West Central Website may be effected without notice and, on such termination, West Central may immediately bar any further access to the West Central Website. West Central shall not be liable to any user or other third party for any termination of that user's access to the West Central Website.
LINKS
The West Central Website may provide links to other websites. West Central exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE WEST CENTRAL WEBSITE IS AT HIS OR HER SOLE RISK. THE WEST CENTRAL WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEST CENTRAL 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 AND NON-INFRINGEMENT. WEST CENTRAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE WEST CENTRAL WEBSITE. 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.
TRADEMARK INFORMATION
"WEST CENTRAL” is trademark of West Central. All other marks, names, and logos mentioned on the West Central Website are the property of West Central or their respective owners. Your use of the West Central trademarks and other marks, names and logos set forth on the West Central Website without prior written consent is strictly prohibited.
COPYRIGHTS
West Central respects the intellectual property rights of others, and requires that the people who use the West Central Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this West Central Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit West Central to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) 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; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
612-659-8443
jroberts@newcounsel.com
PRIVACY
West Central agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.westcentral.com/privacy or by sending an e-mail request to: privacy@westcentralinc.com.
GENERAL INFORMATION
The Terms constitute the entire agreement between each user and West Central and govern each user's use of West Central Website, superseding any prior agreements. The Terms and the relationship between each user and West Central shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Kandiyohi, Minnesota. This West Central Website is controlled and operated by West Central from its offices within the State of Minnesota, United States of America. West Central makes no representation that materials in the West Central Website are appropriate or available for use in other locations. Those who choose to access this West Central Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms 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 Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between West Central and any user.