License & Ownership Restrictions
All text, graphics, audio clips, videos, logos, icons, links, images, documents, products, services and information on the Websites (the “Content”) are provided to you by Cartwheel or its licensors. Cartwheel or its licensors retain all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer (ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use. You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content to any third party unless specifically authorized by Cartwheel and/or the applicable licensor. Additionally, you may not “frame” or “mirror” any Content contained on or accessible from this Site on any server or other device without the advance written authorization of Cartwheel and/or its licensors.
You may be prompted to input information on the Websites in order to receive certain products or services offered by Cartwheel and/or its licensors. If you provide any information to Cartwheel through the site, you agree to provide current, complete and accurate information about yourself.
Changes to the Content & Termination of Access
Cartwheel and its licensors may make improvements and/or changes to the Content described on the Websites at any time without notice to you. Additionally, Cartwheel and its licensors reserve the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Websites, including their availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you.
Interaction with Third Parties
The Websites may contain links, and allow you to correspond with, purchase from, and/or participate in promotions of third party advertisers and/or licensors. Unless otherwise stated, any such interaction shall be solely between you and that third party.
Cartwheel may offer password protected areas on the Websites for certain services. Such areas will only be accessible if Cartwheel has issued to you a login and password. If you have been issued a login and password, you are responsible for maintaining the confidentiality of your login and password and for any and all activities, including fees incurred, under your login and password, whether or not you are the individual who undertook such activities.
By using the Websites you agree to indemnify and hold harmless Cartwheel from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Cartwheel in relation to any third party’s claim that use of the Websites by you or under your login and/or password, if any, violates (a) any copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations, or (d) any other applicable law or regulation.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND CONTENT ARE PROVIDED TO YOU “AS-IS.” NEITHER CARTWHEEL NOR ITS LICENSORS WARRANTS THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL BE ACCURATE AND COMPLETE. CARTWHEEL AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SITE AND CONTENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CARTWHEEL NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL CARTWHEEL OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF CARTWHEEL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.
Local Laws; Export Control
Cartwheel controls and operates these Websites from its headquarters in the United States of America and makes no representation that the Content is appropriate or will be available for use in other countries. If you use this Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations, privacy laws and advertising laws of other countries in relation to the Content or the Websites.
If Cartwheel becomes aware of inappropriate use of the Websites or any Content, Cartwheel may suspend or terminate your access to the Websites, and/or any Content, and take other appropriate action including, but not limited to, contacting law enforcement authorities. When requested, Cartwheel will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. These Terms, and our legal obligations hereunder are subject to the laws of New York, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Cartwheel to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cartwheel in writing. The headings used throughout these Terms are provided only for convenience. The Terms comprise the entire agreement between you and Cartwheel regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Cartwheel is a trademark, registered trademark and/or service mark of Personal Technology Solutions LLC in the United States. All rights reserved. All other trademarks and service marks appearing on the Website are the property of their respective owners.