Menu

Terms & Conditions

Last Updated: October 8, 2018

Your use of this WJFS Inc. (“WJFS”) website (the “Site”) and any associated products and services, is subject to the terms, conditions, and disclaimers set forth below; to our Online Privacy Policy; and to all applicable laws and regulations. By assessing this Site, you hereby agree to be bound by and comply with these terms and conditions of use. As a material condition of such use, you warrant that you are over the age of thirteen and that you have provided accurate and complete information in any communication with WJFS.

WJFS reserves the right to terminate access to the Site for any reason, and to take any other actions that WJFS, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. WJFS reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

Access

Access to the Site is provided free of charge and does not create a professional services relationship or any other relationship with WJFS. The Site is provided solely for your personal, non-commercial use.

You may not develop or derive for commercial sale any data that incorporates or uses any substantial part of the Site. Specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site.

Intellectual Property

The Site, and all text and images contained on the Site, are protected by United States trademark and copyright law and other applicable law and are the property of WJFS, except as otherwise identified. All copyrights and trademarks not the property of WJFS that are used or referred to in the Site are the property of their respective owners. Nothing contained in the Site shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of WJFS or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Site or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Site, please refer to the procedures outlined below in the section titled “DMCA Copyright Infringement Claim Policy.”

WJFS’s products, including third party and licensed materials on the Site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Site, and you agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Site, or servers or networks connected to the Site; or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Site or the contents;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site;
  • “Frame” or “mirror” any part of the Site; or
  • Engage in any other activity deemed by WJFS to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

Content and Non-Endorsement

The Site and third parties may provide links to web pages, web site, and various resources or locations on the web. WJFS has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

WJFS respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. WJFS has the right to prohibit infringers from using our Site.

If you believe your work has been copied and posted on or through the Site in a way that constitutes copyright infringement, please send WJFS’s Copyright Agent a notification of claimed infringement with all of the following information:

  • ( a ) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • ( b ) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement);
  • ( c ) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • ( d ) 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;
  • ( e ) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • ( f ) your physical or electronic signature.

WJFS’s Copyright Agent for notification of claimed infringement can be reached as follows:

General Counsel
WJFS Inc. PO Box 5086
West Chester, PA 19380
610-344-7146
DMCA@WJFS-Inc.com

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, WJFS will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on the Site. No personal user information is shared with the copyright owner unless required by law.

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with WJFS’s designated agent.

To be effective, a Counter-Claim must be a written communication provided to WJFS’s designated agent and must include the following information:

  • ( a ) A physical or electronic signature of the user;
  • ( b ) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • ( c ) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • ( d ) The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a DMCA Counter-Claim, WJFS will provide the complaining party with a copy of the DMCA Counter-Claim. When WJFS receives a Counter-Claim that meets the requirements of the DMCA, WJFS will process the Counter-Claim in accordance with the requirements of the DMCA.

Limitation of Liability

WJFS has worked to ensure the accuracy of the information it provides through the Site. This information frequently relies on data obtained from many sources, however, and WJFS cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS AND WJFS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WJFS DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

EXCEPT AS OTHERWISE STATED, WJFS MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEBSITE LINKED TO THE SITE. YOU AGREE THAT NEITHER WJFS, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, AND NEITHER WJFS NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

WJFS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER WJFS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, WJFS’s LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

WJFS assumes no responsibility or liability arising from the content of the Site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site or accessed through the Site. WJFS also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Site are free of computer viruses or other harmful components. In addition, we do not have a duty to update information contained in our Site, and we will not be liable for any failure to update such information.

The Site make no representation that information content provided on Site is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold WJFS, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms & Conditions; (b) any allegation that any User Submission infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or © your activities in connection with the Site.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against WJFS based in any way on the Site, you agree that, in the event you do not prevail or WJFS does prevail, you will reimburse WJFS for any costs and attorneys’ fees associated with their defense of the action.

The use of the Site and any claim or dispute relating to the Site shall be governed by the laws of Delaware, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Delaware. Use of the Site is unauthorized in any jurisdiction that does not affect all provisions of these Terms & Conditions, including without limitation this paragraph.

Severability

If any provision or portion of these Terms & Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.