Choices
Wild (UK) Ltd Online Web
Hosting terms & Conditions:
This is an Agreement
between you, hereinafter
referred to as the Account
Holder and Choices Wild
(UK) Ltd, hereafter referred
to as choiceswild.net.
1. Account. This Agreement
applies to all Accounts
(sub-accounts, pointers,
etc.) associated with
the Account Holder.
2. Renewal Period. This
Agreement will automatically
renew for successive
12-month periods as chosen
in the order form for
the life of the contract
until cancelled in writing.
3. Cancellation. Cancellation
requests must be received
in writing via fax or
postal mail at Choices
Wild (UK) Ltd's main
office. Phone and email
cancellations will not
be accepted. Such requests
must be received 10 days
prior to expiry of term.
In circumstances where
the Account holder does
not cancel prior to the
renewal date the Account
holder is liable for
payment of the entire
term, 12 months.
If, after providing
notice to the Account
Holder, the Account Holder
does not correct the
Account Web site with
respect to any of the
following circumstances,
Choices Wild (UK) Ltd
may terminate this Agreement,
discontinue this service
and delete the Account
Web site on the 10th
day:
a) The Account Holder
violates any term of
this Agreement, any municipal,
provincial or federal
laws or regulations,
or any policy or guideline
set out, from time to
time, by Choices Wild
(UK) Ltd anywhere on
the Web site www.choiceswild.net;
b) The Account Holder
engages in conduct or
posts material on the
Account Web site that
Choices Wild (UK) Ltd
in its sole discretion
believes is harmful to
other Account Holders,
the business or reputation
of Choices Wild (UK)
Ltd or any third-party;
c) The Account Holder
engages in any activity
that could or does overwhelm
the server with heavy
central processing unit
(CPU) usage or that requires
a disproportionate amount
of the resources of the
Choices Wild (UK) Ltd
server;
d) The Account Holder
disputes the terms of
this Agreement or any
amendment set out, from
time to time, by Choices
Wild (UK) Ltd anywhere
in an amended Agreement,
attached schedule to
this Agreement, or on
the Web site www.choiceswild.net
or .
4. Representations & Warranties. No oral or
written advice or information given by Choices Wild
(UK) Ltd or its employees will create a warranty.
This information or advice may not be relied upon.
This Agreement supersedes any such information or
advice given by Choices Wild (UK) Ltd or its employees.
Choices Wild (UK) Ltd does not warranty that any
services provided by Choices Wild (UK) Ltd will
be uninterrupted, error-free or secure. The Service
is offered on an "as is" basis without
any representations or warranties of any kind either
express or implied. Choices Wild (UK) Ltd may also
link to or include on its Web resources, information
provided by third party partners and providers.
Choices Wild (UK) Ltd does not guarantee or warrant
the reliability of this information nor does Choices
Wild (UK) Ltd recommend any of these services. For
greater certainty and without limitation to the
generality of the foregoing:
a) Choices Wild (UK)
Ltd makes no representations,
warranties or guarantees
of any kind whether written
or verbal regarding the
reliability of the Account
Holder Web site provided
or any other services
offered
b) Choices Wild (UK)
Ltd is not responsible
for any deletions, alterations,
or loss of data due to
network or system outages,
file corruption, accidental
deletion or any other
reasons
c) Choices Wild (UK)
Ltd makes no representations,
warranties or guarantees
with regards to server
reliability, speed or
consistency
d) Choices Wild (UK)
Ltd makes no representations,
warranties or guarantees
as to the accuracy or
correctness of any content
on any of the Sites and
is not responsible for
any errors or omissions
arising from the use
of such information
5. Guarantee. Choices
Wild (UK) Ltd will
provide a 30-day money
back guarantee from
date of activation
(minus set up and administration
fees). There are no
refunds on any prepaid
amounts after the 30
day money back period
is over.
6. Payment Method. Account
Holder paying by check
or money order will receive
an invoice for charges
and payment is due upon
receipt. Account Holder
paying by credit card
expressly agrees to have
their credit card account
billed monthly, quarterly
or annually as chosen
in the order form for
the recurring charges
for the life of the contract
including any automatic
renewal periods and any
new services ordered
mid-term by the Account
Holder once the service
has been set up.
7. Delinquency. Delinquent
Accounts are those that
remain unpaid 15 days
after activation or renewal
date. Accounts that are
delinquent are put on
accounting hold and may
not be used. After 15
days, Choices Wild (UK)
Ltd may, in its sole
discretion, cancel the
Account without any further
compensation to the Account
Holder.
8. Cancellation. In
cases where delinquent
Accounts are put on accounting
hold for a maximum of
2 months, the Account
shall be deactivated
permanently. After this
time and only if possible,
if the Account Holder
would like to have their
site reactivated then
full payment and any
applicable retrieval
fees must be paid for
in full prior to reactivation
of the Account. In cases
where Choices Wild (UK)
Ltd makes an exception
for cancellations, which
are mid-term, a non-refundable
fee of UK £ 100.00,
will be charged to the
Account Holder.
9. Notice and Agreement. The Account Holder agrees
to abide by the following provisions of this service
contract and may have to agree to additional provisions
from Choices Wild (UK) Ltd covering this Agreement
and/or any future services added to this Agreement.
Choices Wild (UK) Ltd reserves the right to modify
any provisions of this Agreement at any time with
72 hours notice to the Account Holder. Notice may
be given in the form of an announcement on the Web
site www.choiceswild.net . If Account Holder refuses
to accept any future provisions or amendments, Account
Holder will have the option to cancel service as
of the renewal date. Failure to cancel service by
the Account Holder will be deemed to be acceptance
of any amended provisions or conditions to this
Agreement. If Account Holder refuses to accept any
future provisions or amendments, Choices Wild (UK)
Ltd may, in its sole discretion, cancel the Account
forthwith.
10. Content. The Virtual Hosting Internet Account
and related electronic services can only be used
for legal purposes under all international, federal,
provincial and municipal laws. Violations of this
or any other provision of this Agreement can result
in a 30 day notice to terminate service or in Choices
Wild (UK) Ltd's sole discretion, an immediate termination
of service. Choices Wild (UK) Ltd has the right
to refuse service if content of information provided
is deemed illegal, misleading, or obscene in the
opinion of Choices Wild (UK) Ltd. Choices Wild (UK)
Ltd will make the final determination in any dispute
over unacceptable content, and Account Holder agrees
to accept Choices Wild (UK) Ltd's decision. In any
cases where the Account holder has violated the
terms of this Agreement, Choices Wild (UK) Ltd reserves
the right to deactivate or lock the Account without
notice to the Account holder. Choices Wild (UK)
Ltd will not be held responsible nor will issue
any credits or refunds in such cases of deactivations
due to violations of this Agreement. Account Holder
agrees that Choices Wild (UK) Ltd is not responsible
for any content on Account Web site and acknowledges
that Choices Wild (UK) Ltd does not endorse or verify
any such material. Account Holder agrees to assume
full responsibility for all files associated with
the Account Web site and acknowledges that Account
Holder may be held legally liable for the contents
of the Account Web site. Account Holder will not
include any content or Internet link on the site
that contains, promotes or is involved in any of
the following:
a) any infringement
of copyright, trademark,
patent, trade secret
or other intellectual
property right
b) pornography
c) content that exploits
children under 18 years
of age
d) hate propaganda
e) racist, threatening,
slanderous, libelous
or otherwise abusive
content
f) the promotion or
incitement of, or instructions
for, the commission of
illegal activities
g) mail fraud, multi-level
marketing schemes or
any fraudulent activities
h) content promoted
through the sending of
unsolicited email (spamming)
i) sending of unsolicited
email (spam) from the
choiceswild.net server,
or any other server that
refers to content on
the choiceswild.net server,
or sending such email
with a choiceswild.net
hosted Web site listed
as the contact address
j) warez, cracks, hacks,
spam software & their
associated utilities
k) illegal mpeg layer
two or three files (MP2
or MP3) which may be
considered copyright
infringement
l) information or other
material that contains
a virus, corrupted data
or any other harmful
or damaging component
11. Prices. Choices Wild
(UK) Ltd reserves the
right to increase prices
at any time.
12. Passwords & Netiquette.
The Account Holder agrees
to follow generally accepted "Netiquette" when
sending email messages
or posting newsgroup
messages. Account Holder
is solely responsible
for the security of their
password. In the event
that the Account holder
releases the password
to an unknown party or
person(s) the Account
holder will be held responsible
for any unauthorized
use of Choices Wild (UK)
Ltd's services. This
includes any damages
resulting there from,
until Choices Wild (UK)
Ltd is notified by the
Account holder. Choices
Wild (UK) Ltd will not
change passwords to any
Account without verification
of identity of the Account
Holder which is satisfactory
to Choices Wild (UK)
Ltd. Verification may
include written requests
with signature. Account
Holder agrees not to
participate, either directly
or indirectly, in the
distribution of "SPAM", "JUNK
MAIL" or unsolicited
commercial messages or
communications in any
form either through Choices
Wild (UK) Ltd's servers
or any other server.
Choices Wild (UK) Ltd
reserves the right to
terminate, without notice,
all services provided
to Account Holder if
Account Holder participates
in the distribution of
any such communications.
13. Privacy Policy.
In order to protect Choices
Wild (UK) Ltd's clients,
Choices Wild (UK) Ltd
will refuse to give any
information to any persons
requesting such information
without the express written
consent of the Account
holder.
14. Account Ownership & Dispute. In the event
of any partnership breakup, divorce or other legal
problems that includes the Account Holder, Account
Holder understands that Choices Wild (UK) Ltd will
remain neutral and may even lock the Account until
the situation has been resolved. During this period
if the Account is more than 15 days overdue for
payment, Choices Wild (UK) Ltd may place the Account
on Accounting Hold until payment is received. Under
no circumstances will Choices Wild (UK) Ltd be liable
for any losses incurred by Account Holder during
this time of determination of rightful ownership.
15. Indemnity. The Account Holder agrees not to
harm Choices Wild (UK) Ltd, its reputation, computer
systems, programming and/or other Account Holders
using Choices Wild (UK) Ltd's services. Choices
Wild (UK) Ltd reserves the right to select the computer
for Account Holder's Web site for best performance.
If Account Holder breaches this Agreement, then
Choices Wild (UK) Ltd has the right to terminate
service without any refunds of the unused portion
prepaid by Account Holder. The Account Holder agrees
to indemnify and hold harmless both Choices Wild
(UK) Ltd and other Account Holders from any and
all claims an/or costs (including legal costs) resulting
from the Account Holder's use or abuse of their
service in any manner. If at any time, Account Holder
breaches any part of this contract and Choices Wild
(UK) Ltd has to engage the services of an attorney,
then Account Holder will pay any and all of the
Choices Wild (UK) Ltd's reasonable attorney fees
and court costs. The Account Holder agrees to indemnify
and hold Choices Wild (UK) Ltd harmless from and
against, and to reimburse Choices Wild (UK) Ltd
with respect to, any and all losses, damages, liabilities,
claims, judgments, settlements, fines, costs and
expenses (including reasonable related expenses,
legal fees and costs of investigation) of every
nature whatsoever incurred by Choices Wild (UK)
Ltd by reason of or arising out of or in connection
with (i) any breach of this Agreement by the Account
Holder, (ii) any infringement of any copyright,
trade-mark, patent, trade secret or any other intellectual
propriety right of any party by content on the Site,
or
(iii) illegal, libelous, slanderous, dangerous or
defamatory content on the Site.
16. Usage. Account Holder
understands this service
is provided on a shared
server. This means that
Account Holder's Web
site cannot overwhelm
the server with heavy
(CPU) usage from highly
active common gateway
interface (CGI) scripts
or chat scripts or excessive
bandwidth usage which
interferes with Choices
Wild (UK) Ltd's ability
to provide service to
its users. If Account
Holder's Web site overwhelms
the server and / or causes
complaints from other
Account Holders, Choices
Wild (UK) Ltd may cancel
the Account with 72 hours
notice to the Account
Holder. Choices Wild
(UK) Ltd will refund
any moneys paid for unused
time of service remaining.
17. Security. Choices
Wild (UK) Ltd will deactivate
Account Holder's Web
site or any services
for Account Holder's
Web site without notice
to the Account holder,
if deemed by Choices
Wild (UK) Ltd, to be
hazardous or insecure
to other Choices Wild
(UK) Ltd Account Holders
on the shared server
(security violations).
In such cases, Choices
Wild (UK) Ltd will not
be held responsible or
liable for any damages
to the Account Holder
as a result. Choices
Wild (UK) Ltd's objective
is to keep all Account
Holders secure from such
occurrences, which may
or may not occur.
18. Assignment, License
and Transfer. The Account
Holder's right and privileges
cannot be sold or transferred
without the written consent
and approval from Choices
Wild (UK) Ltd. Choices
Wild (UK) Ltd may assign,
license or transfer its
responsibilities and
duties under this Agreement.
19. Address Changes.
Any and all changes (address,
email address, phone
number, billing contacts,
etc) associated with
the Account Holder must
be updated with Choices
Wild (UK) Ltd via postal
mail or fax within 7
(seven) days of such
change. Phone or email
notifications will not
be accepted. Choices
Wild (UK) Ltd will not
be held responsible in
the event that the Account
Holder's Account is deactivated,
or locked because the
Account Holder failed
to notify Choices Wild
(UK) Ltd of any of these
changes in their billing
contact information.
20. Notice to Officials. If Choices Wild (UK) Ltd
determines that law enforcement officials should
be notified regarding potentially illegal content
on the Account Web site, the Account Holder agrees
that Choices Wild (UK) Ltd may provide copies of
the Account Holder's Web site to the appropriate
officials without notice to the Account Holder.
Account Holder agrees that Choices Wild (UK) Ltd
does not have a duty of confidence or non-disclosure
to the Account Holder in respect of the content
of Account Holder's Web site. Choices Wild (UK)
Ltd may cooperate with all law enforcement efforts
to locate persons who have posted content that is
illegal or promotes illegal conduct.
21. Limitations of Liability. Choices Wild (UK)
Ltd is not responsible for any failures, delays
or interruptions in the delivery of any content
or services contained on the Choices Wild (UK) Ltd
server; or losses or damages arising from the use
of the content or services provided by Choices Wild
(UK) Ltd, and for greater certainty and without
limitation to the generality of the foregoing:
a) Choices Wild (UK)
Ltd liability to the
Account Holder for actual
damages for any cause
whatsoever, regardless
of the form of action
will be limited to a
maximum of the fees paid
by the Account Holder
to Choices Wild (UK)
Ltd, for the prior 3
or 12 months (whichever
is appropriate);
b) in no event will
Choices Wild (UK) Ltd
be liable to the Account
Holder for any indirect,
incidental or consequential
damages arising out of
the service or in connection
with the Account Web
site or any other services
or products provided
to or by the Account
Holder;
c) Choices Wild (UK)
Ltd, its officers, directors,
owners, agents and employees,
shall in no way be liable
to the Account Holder
or anyone else for any
loss or injury resulting
from use of the service
or the Account Holder's
Web site;
d) In no event shall
Choices Wild (UK) Ltd
be liable for any damages,
whatsoever, as a result
of the notifying any
official of potentially
illegal content on the
Site, providing copies
of the Account Holder's
Web site to the appropriate
officials or cooperating
with law enforcement
efforts to locate persons
who have posted content
that is illegal or promotes
illegal conduct;
e) In no event shall
Choices Wild (UK) Ltd
be liable for any damages,
whatsoever, as a result
of the termination of
this Agreement.
22. Consent to Breach
Not Waiver. No term
or provision of this
Agreement is deemed
waived and no breach
excused, unless the
waiver or consent is
in writing and signed
by the party claiming
to have waived or consented.
Any consent by any
party to, or waiver
of, a breach by the
other, whether expressed
or implied, does not
constitute a consent
to, waiver of, or excuse
for, any other different
or subsequent breach.
23. Governing Law. This
Agreement is governed
by and construed in accordance
with the applicable laws
of the United Kingdom
and the federal laws
of United Kingdom and
is treated in all respects
as a UK (United Kingdom)
contract.
24. Severability. If
any provision of this
Agreement is held to
be valid, illegal or
unenforceable, all other
provisions will nevertheless
continue in full force
and effect.
25. Entire Agreement.
This Agreement, together
with all policies, guidelines
and amendments set out,
from time to time, by
Choices Wild (UK) Ltd
anywhere on the Web site
www.choiceswild.net or
constitutes the entire
Agreement between the
parties with respect
to the subject matter
of the Agreement and
supersedes all previous
negotiations, proposals,
commitments, writings
and understandings of
any nature whatsoever,
whether oral or written.
26. Survival. Any terms
and conditions of this
Agreement, which by their
nature extend beyond
the term or expiry of
this Agreement, shall
survive the termination
or expiry of this Agreement.
This includes, without
limitation, the representations
and warranties, limitations
of liability, indemnity,
and this survival provision.
27. Headings. The headings
and captions used in
this Agreement are inserted
only as a matter of convenience
and for reference and
in no way are to be construed
as defining, limiting,
or describing the scope
or intent of this Agreement.
28. Remedies Cumulative.
Unless otherwise set
out in this Agreement
the rights and remedies
granted to each party
under this Agreement
are cumulative and are
in addition to each party's
rights provided by law
or otherwise. Each party
may exercise its rights
concurrently or separately.
The exercise of one remedy
is not deemed an exclusive
election of that remedy
nor does it preclude
the exercise of any other
remedy.
29. Counterparts or Electronic Acceptance. This
Agreement may be executed in counterparts, each
of which is deemed to be an original and all of
which together are deemed to be one and the same
instrument, or may be executed by indicating consent
through electronic means.
30. Right to Refuse Service. Choices Wild (UK)
Ltd reserves the right to refuse services to any
Account Holder. In the event that an Account Holder
does not abide by the provisions set out in this
Agreement or if the Choices Wild (UK) Ltd deems
the Account holder to be a hindrance to Choices
Wild (UK) Ltd, the Account holder will be blacklisted
and Choices Wild (UK) Ltd will not provide any services
to the Account Holder in the future. In such an
event, Choices Wild (UK) Ltd will give the Account
holder 15 (fifteen) Calendar days notice to find
another provider for their web hosting needs.
Definitions:
The Client : The company or individual requesting the services of Choices
Wild (UK) Ltd.
Choices Wild (UK) Ltd: Primary designer/site owner & employees
or affiliates.
General
Choices Wild (UK) Ltd will carry out work only where an agreement is
provided either by email, telephone, mail or fax. Choices Wild (UK)
Ltd will carry out work only for clients who are 18 years of age
or above. An 'order' is deemed to be a written or verbal contract
between Choices Wild (UK) Ltd and the client, this includes telephone
and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any
scripts or programs are free of errors, Choices Wild (UK) Ltd cannot
accept responsibility for any losses incurred due to malfunction,
the website or any part of it.
The website, graphics and any programming code remain the property
of Choices Wild (UK) Ltd until all outstanding accounts are paid in
full.
Any scripts, cgi applications, php scripts, or software (unless specifically
agreed) written by Choices Wild (UK) Ltd remain the copyright of Choices
Wild (UK) Ltd and may only be commercially reproduced or resold with
the permission of Choices Wild (UK) Ltd.
Choices Wild (UK) Ltd cannot take responsibility for any copyright
infringements caused by materials submitted by the client. We reserve
the right to refuse any material of a copyrighted nature unless adequate
proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of
Choices Wild (UK) Ltd and where no charge is made by Choices Wild (UK)
Ltd for such additions, Choices Wild (UK) Ltd accept no responsibility
to ensure such additions are error free and reserve the right to charge
an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible
to Choices Wild (UK) Ltd all materials required
to complete the site to the agreed standard and
within the set deadline.
Choices Wild (UK) Ltd will not be liable for costs
incurred, compensation or loss of earnings due to
the failure to meet agreed deadlines.
Choices Wild (UK) Ltd will not be liable or become involved in any
disputes between the site owner and their clients and cannot be held
responsible for any wrongdoing on the part of a site owner.
Choices Wild (UK) Ltd will not be liable for any costs incurred, compensation
or loss of earnings due to the work carried out on behalf of the client
or any of the clients appointed agents.
Choices Wild (UK) Ltd will not be liable for any costs incurred, compensation
or loss of earnings due to the unavailability of the site, its servers,
software or any material provided by its agents.
A deposit of 50% is required with any project before any design work
will be carried out.
Once a website has been designed and completed the final balance of
payment is then due in accordance with our payment terms. There are
no exceptions to this, i.e If the client decides they no longer want
the site, as they have commissioned the work and paid a deposit they
are still obliged to pay for the work that has been done. Non payment
will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Choices Wild (UK) Ltd cannot take responsibility for any losses incurred
by the use of any software created for the client. Whilst every care
has been taken to ensure products are problem free and accurate,
the ultimate responsibility lies with the client in ensuring that
all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed)
written by Choices Wild (UK) Ltd remain the copyright of Choices Wild
(UK) Ltd and may only be commercially reproduced or resold with the
permission of Choices Wild (UK) Ltd.
Where applications or sites are developed on servers not recommended
by Choices Wild (UK) Ltd, the client is expected
to provide or seek any information,additional software,support
or co-operation pertaining to the server required
in order for the application to be correctly developed.
Where large applications are to be developed, it
is the clients responsibility to provide a suitable
testing environment which is identical to the final
production environment.
The client is expected to test fully any application
or programming relating to a site developed by Choices
Wild (UK) Ltd before being made generally available
for use. Where "bugs", errors or other
issues are found after the site is live, Choices
Wild (UK) Ltd will endeavor (but is not obliged
to) to correct these issues to meet the standards
of function outlined in the brief
Compatibility
Choices Wild (UK) Ltd will endeavor to ensure that any developed/designed
site or application will function correctly on the server it is initially
installed in and that it will function correctly when viewed with
the web browsing software Microsoft Internet Explorer Version 6 and
to an acceptable level with Mozilla browsers. Choices Wild (UK) Ltd
can offer no guarantees of correct function with all browser software.
Choices Wild (UK) Ltd reserve the right to refuse to handle in any
way, material which may be deemed offensive, illegal or in any way
controversial, and also to terminate the free hosting service should
the necessity arise
.Payment of Accounts
A deposit may be required from a new client before any work is carried
out. It is the Choices Wild (UK) Ltd policy that any outstanding
accounts for work carried out by Choices Wild (UK) Ltd or its affiliates
are required to be paid in full upon completion of the Web Design
Project unless by prior arrangement with Choices Wild (UK) Ltd.
Once a deposit is paid and work completed you are obliged to pay the
balance of payment in full. We will contact clients via email and telephone
to remind them of such payments if they are not received when due.
If accounts are not settled or Choices Wild (UK) Ltd have not been
contacted regarding the delay, access to the related website may be
denied and web pages removed, we will then pass such cases to the Law
Court, where non payment will result in court judgements being added
to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will
contact the client in question, with a view to taking the matter further
and if need be to seek payment through legal procedures, and if necessary
court summons.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER Choices Wild (UK) Ltd NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES Choices Wild (UK) Ltd, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE
RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE
SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF Choices Wild (UK) Ltd, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. NEITHER Choices Wild (UK) Ltd
NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES THAT
MAY BE DOWNOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR OTHER
CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND
THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY
YOU.
8.2 NEITHER Choices Wild (UK) Ltd, ANY THIRD PARTY CONTENT PROVIDER
NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE
LIABILITY OF Choices Wild (UK) Ltd, THIRD PARTY CONTENT PROVIDERS AND
THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
9. Miscellaneous.
This Agreement shall be construed in accordance
with the laws of United Kingdom, and the parties
irrevocably consent to bring any action to enforce
this Agreement in the federal or state courts. This
Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements
between the parties with respect to such subject
matter. If any inconsistency exists between the
terms of this agreement and any additional terms
and conditions posted n the Service, such terms
shall be interpreted as to eliminate any inconsistency,
if possible, and otherwise, the additional terms
and conditions shall control. This Agreement may
not be amended except in writing signed by both
parties and no waiver by either party shall be deemed
a waiver of any preceding or subsequent breach or
default. Sections 1, 2, 6, 8 and 9 shall survive
any termination of this Agreement and any other
provisions which by their terms or sense are intended
to survive.
