The Site, our company’s trademarks, tradenames and logos, as well as the organization, site content, images, audio, video, graphics, text, design, compilation, magnetic translation, digital conversion, software, information, services and other matters related to same (the “Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, distribution, reproduction, transmission or publication by any User or other third party of any part of the Site or its content is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site. The posting of information or material by and through the Site does not constitute a waiver of any right in or to such information and/or materials.
Copyright Policy/DMCA Compliance.
worthi reserves the right to terminate any User’s access to the Site where User infringes upon third-party copyright rights. If any User or other third party believes that a copyrighted work has been copied and/or posted via the Site in a way that constitutes copyright infringement, that party should provide worthi with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for worthi for notice of claims of copyright infringement is as follows:
worthi Inc. Attn: [email protected], 5635 N. Scottsdale Road, Suite 170, Scottsdale, AZ 85250
In order to post a comment on the Site, you must have a Facebook® account. Your Facebook® account name will appear as your screen name when posting a comment. Where a User places a comment using her/his Facebook® account, worthi may collect some or all of the following information (depending on the User’s Facebook® account settings and the discretion of Facebook®): (a) the User’s e-mail address; (b) the information listed in the “About Me” section of the User’s Facebook® account; (c) the “interests” associated with the User’s Facebook® account; (d) the User’s Facebook® account ID and the “likes” associated with the User’s Facebook® account; and (e) any other information collected via the Facebook® account interface (collectively, “Registration Data”).
Termination of Access
worthi in its sole discretion may terminate User’s access to the Site including, without limitation, User’s right to post a comment. Reasons for termination may include, without limitation, where worthi believes that such User is: (i) in any way in breach of the Agreement; (ii) engaged in any improper conduct in connection with the Site; (iii) conducting any unauthorized commercial activity by and through the Site; (iv) has taken any action that violates any and all applicable laws, ordinances or statutes.
Improper conduct in connection with this Site includes, without limitation: (i) interfering or attempting to interfere with the proper functioning of the Site; (ii) systematically retrieving data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; (iii) using any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Site; (iv) solicit or attempt to solicit personal information from other Users of the Site;
worthi Social Media Pages
Third Party Websites
The Site contains links to other websites on the Internet that are owned and operated by third parties. worthi does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by worthi of the applicable website or any association with the website’s operators. Because worthi has no control over such websites and resources, each User agrees that worthi is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that worthi shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site.
Limitation of Liability
TO THE FULLEST EXTENT OF ALL STATE AND FEDERAL APPLICABLE LAW, WORTHI, OUR SUBSIDIARY COMPANIES, OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER THE RESULT OF NEGLIGENCE OR INTENTIONAL CONDUCT THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution Provisions
Should a dispute arise concerning the Site or any of the terms and conditions of this Agreement, including breach thereof, worthi and User agree to submit their dispute to arbitration for final and binding resolution before a single arbitrator with a minimum 10 years’ experience in copyright and digital media law and business practices. The arbitration shall be administered by the American Arbitration Association (“AAA”) using the Commercial Rules in effect at time of submission of the arbitration demand. The Arbitration will be governed and conducted under the Arizona Revised Uniform Arbitration Act as amended from time to time. Any award rendered shall be final and conclusive between the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration.
To the extent permitted by law, each User agrees that it will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that it may have against worthi and/or its employees, officers, directors, members, representatives and/or assigns. Each User agrees to the entry of injunctive relief to stop such a lawsuit or to remove it as a participant in the suit. Each User agrees to pay the attorney’s fees and court costs that worthi incurs in seeking such relief. This provision preventing Users from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any User’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
This Agreement constitutes the entire agreement between worthi and User regarding use of the Site and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral about this Site.
You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third party that are provided on or through the Site. In the event of any conflict between any such third party terms and conditions and the Agreement, the Agreement shall govern.
This Agreement and any arbitration relating thereto or use of the Site shall be governed by and construed in accordance with the laws of the state of Arizona without giving effect to any principles of conflicts of law. If any provision of the Agreement shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
The foregoing provisions of this Agreement are for worthi’s benefit and the benefits of worthi’s affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
I HAVE READ THE AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.