Webber Energy Fuels, Inc.'s Terms of Service
1. Your relationship with Webber Energy Fuels, Inc. ("Webber")
1.1 Your use of Webber's website (the "Website") is subject to the terms of a legal agreement between you and Webber.
1.2 Unless otherwise agreed in writing with Webber, your agreement with Webber will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
1.3 The Terms form a legally binding agreement between you and Webber in relation to your use of the Website. It is important that you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Website, you must first agree to the Terms. You may not use the Website if you do not accept the Terms.
2.2 You accept the Terms by actually using the Website. In this case, you understand and agree that Webber will treat your use of the Website as acceptance of the Terms from that point onwards.
2.3 You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with Webber, or (b) you are a person barred from using the Website under the laws of the United States.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Provision of the Website by Webber
3.1 You acknowledge and agree that Webber may stop (permanently or temporarily) making the Website available to you or to users generally at Webber's sole discretion, without prior notice to you. You may stop using the Website at any time. You do not need to specifically inform Webber when you stop using the Website.
4. Use of the Website by you
4.1 In order to access the Website, you may be required to provide information about yourself (such as identification or contact details), or as part of your continued use of the Website. You agree that any registration information you give to Webber will always be accurate, correct and up to date.
4.2 You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree that you will not engage in any activity that interferes with or disrupts the Website.
4.4 You agree that you are solely responsible for (and that Webber has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Webber may suffer) of any such breach.
5. Privacy and your personal information
5.1 For information about Webber's data protection practices, please read Webber's privacy policy. This policy explains how Webber treats your personal information, and protects your privacy, when you use the Website.
5.2 You agree to the use of your data in accordance with Webber's privacy policies.
6. Content
6.1 You should be aware that Content presented to you through the Website may be protected by intellectual property rights which are owned by Webber or by an independent Content provider. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Webber or by the owners of that Content, in a separate agreement.
6.2 The Website may include hyperlinks to other web sites or content or resources. Webber may have no control over any web sites or resources which are provided by companies or persons other than Webber.
6.3 You acknowledge and agree that Webber is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
6.4 You acknowledge and agree that Webber is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
7. EXCLUSION OF WARRANTIES
7.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WEBBER'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE."
7.3 IN PARTICULAR, WEBBER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE WILL BE CORRECTED.
7.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBBER OR THROUGH OR FROM THE USE OF THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
7.5 WEBBER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY
8.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBBER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
8.2 THE LIMITATIONS ON WEBBER'S LIABILITY TO YOU IN PARAGRAPH 8.1 ABOVE SHALL APPLY WHETHER OR NOT WEBBER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
9. Changes to the Terms
9.1 Webber may make changes to the Terms from time to time.
9.2 You understand and agree that if you use the Website after the date on which the Terms have changed, Webber will treat your use as acceptance of the updated Terms.
10. General legal terms
10.1 The Terms constitute the whole legal agreement between you and Webber and govern your use of the Website and completely replace any prior agreements between you and Webber in relation to the Website.
10.2 You agree that if Webber does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Webber has the benefit of under any applicable law), this will not be taken to be a formal waiver of Webber's rights and that those rights or remedies will still be available to Webber.
10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10.4 The Terms, and your relationship with Webber under the Terms, shall be governed by the laws of the State of Maine without regard to its conflict of laws provisions. You and Webber agree to submit to the exclusive jurisdiction of the courts located within the county of Penobscot, Maine to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Webber shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
(Last modified: March 15, 2011)
