2. Online Services and Disclaimer of Warranty. Covington Who's Who provides resources to its members including but not limited a North American networking forum, where they have the potential to establish new client and business relationships, as well as achieve career advancement within their company, industry or profession. Covington Who's Who's goal is to deliver to its members recognition, support and credibility and assist them in gaining the competitive edge needed to succeed. Their extensive membership base highlights executives and professionals in virtually every profession and industry.
Covington Who's Who currently limits itself to 15,000 new memberships annually. However, it reserves the right to change the number of new memberships at any time, without any notice to the User.
Member subscribers are not nominated to Covington Who's Who.
Rather, Covington Who's Who selects potential members through renting executive and professional listings that are on the market. Further, it selects multiple industries and professions each year that it chooses to highlight and publish.
Covington Who's Who welcomes almost every industry and profession from lower to upper management of executives and professionals. The purpose of the registry is to give both aspiring lower level executives and professionals the opportunity to network and potentially advance their career, while simultaneously potentially giving upper level executives the recognition they deserve.
Any new services, resources or informational content added to the web site, registries and databases shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on the web site, database, and registries is provided ''as is'', And all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties or merchantability, merchantability of any compyter program or software, fitness for a particular purpose, accuracy of informational content, or system integration, or non-infringement. Covington Who's Who assumes no responsibility for any data loss or other loss suffered by any User of Covington Who's Who 's web site, databases or registries. User is fully responsible for maintaining its computer equipment and Internet access to use the Covington Who's Who web sites, registries and databases.
Covington Who's Who does not charge a fee for a basic listing in its online registry. The basic listing consists of a User's name and address only. It will be published only in the online version of the registry and will not be published in the hard cover version.
4. User account. Users will be assigned a username and password upon completing the registration process. User may modify or change such username and password upon logging on to Covington Who's Who websites, databases or registries. However, Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify email@example.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Covington Who's Who shall not be responsible for User's failure to abide by this Paragraph.
5. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Covington Who's Who web site, registries, databases or privately transmitted through the Covington Who's Who web site, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Covington Who's Who web site. Covington Who's Who does not and cannot control the informational content Users transmit through the Covington Who's Who web site, registries and databases. Under no circumstances shall Covington Who's Who be held liable for User's exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Covington Who's Who be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. Use of the Covington Who's Who site is subject to applicable local, state, federal and international law. Users agree not to use the Covington Who's Who web sites, databases or registries or any of the content for any illegal purpose, or to transmit to or through the Covington Who's Who site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third-party using the Covington Who's Who site (including by use of any merchandise or services offered on or in connection with the site). Accordingly, User agrees to not use the Covington Who's Who web sites, registries, databases and information to:
- (a) upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- (b) harm legal minors;
- (c) collect personal information on, ''cyberstalk'' or harass another User, or engage in conduct that negatively affects the online or any other experience of another User;
- (d) impersonate another User, person, or entity, including any official or employee of Covington Who's Who;
- (e) intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- (f) upload, post or transmit any software or files that contain software viruses or other harmful computer code;
- (g) interfere with the operation of Covington Who's Who's web servers or other computers or Internet or network connections;
- (h) upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- (i) upload, post or transmit unsolicited or unauthorized advertising, including ''spam'' or ''junk mail.''
Covington Who's Who reserves the right to inspect, edit and delete any content that Covington Who's Who knows, or has reason to know, has violated this TOS Agreement. Covington Who's Who reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Covington Who's Who may disclose any informational content Users post, upload or transmit to the Covington Who's Who web sites, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Covington Who's Who, the public, or other Users.
7. Content submitted by Users. Covington Who's Who does not claim ownership of any informational content submitted by Users to the Covington Who's Who web sites, registries and databases. User grants Covington Who's Who a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to its web sites, registries and databases. This license exists only so long as User allows its content to remain on the Covington Who's Who web sites, registries and databases and will terminate in the event that User removes such content.
8. Indemnity. Users agree to indemnify and hold Covington Who's Who, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of content Users submit, post, transmit or make available through the Service, their use of the Service, their connection to the Service, their violation of the TOS, or their violation of any rights of another.
9. No resale. Covington Who's Who grants permission to User to access and view the Covington Who's Who site and to electronically copy and print in hard copy, portions of the Covington Who's Who site for the sole purpose of submitting an order. Any other use of the Covington Who's Who sites, databases or registries, or the contents thereof, without written permission of the applicable rights holder is strictly prohibited, including without limitation and modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other exploitation of this site or the content, in whole or other than those noted above, or other exploitation of this site or the content, in whole or in part. Without limiting the foregoing, the unauthorized use of the content is illegal and could subject User to criminal prosecution a well as personal liability for damages in a civil suit. Accordingly, Users agree not to reproduce, copy, duplicate, distribute or sell any portion of the Covington Who's Who web sites, registries or databases for purposes other than the purposes set forth herein.
10. Limits and modifications. Covington Who's Who may establish without notice limits on the use of its web sites, databases, and registries, including the maximum number of times Users may access the Covington Who's Who web sites. It reserves the right to modify any and all portions of its web sites, registries and databases without notice. Under no circumstances shall Covington Who's Who be liable to Users or any other party for such limits or modifications.
11. Termination of User account. Covington Who's Who may, at its sole discretion, terminate the User's account for any reason. Under no circumstances shall Covington Who's Who be liable to User or any other party for such termination of User's account.
12. Third-Party Advertisers. Covington Who's Who may allow third-party advertisers to advertise on the Covington Who's Who web sites, registries, or databases. Covington Who's Who takes no responsibility for User's dealings with, including any online or other purchases from, any third-party advertisers. Covington Who's Who shall not be liable for any loss or damage incurred by User in its dealings with third-party advertisers.
13. Hyperlink policy. The Covington Who's Who web sites, registries and databases may contain hyperlinks to other Internet sites not under the editorial control of Covington Who's Who. These hyperlinks are not express or implied endorsements or approvals by Covington Who's Who, of any products, services or information available from these sites. Further, Covington Who's Who is not associated or affiliated with any of the highlighted charities featured on its websites, registries and databases. Thus, any and all charitable donations are to be made directly to these charities. Covington Who's Who will not accept any monies on behalf of these charities. While the charities supported and featured by Covington Who's Who are some of the nation's most trusted and respected charities, Covington Who's Who cannot vouch for how donations to the charities are distributed and allocated by each of the charities respectively.
14. Covington Who's Who's Intellectual Property Rights. User agrees not to distribute, license, or create derivative works from any of Covington Who's Who's copyrighted or trademarked material, including graphic files and software, available on the Covington Who's Who web sites, registries and databases.
Furthermore, Covington Who's Who web sites, registries and databases contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Covington Who's Who or other third-parties (the "Content"). User acknowledges and agrees that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed.
15. No warranties. The information provided on Covington Who's Who web sites, registries and database is proviced "as is" and all warranties, express or implied, are disclaimed, including, but not limited to, any implied warranties of merchantability, merchantability of any computer program or software, fitness for a particular purpose, accuracy of informational content, or system integration, or non-infringement.
16. Limitation of liability. Covington Who's Who's maximum liability for any inaccurate information or software and the user's sole and exclusive remedy for any cause whatsoever, shall be limited to the membership fees paid by the users. Covington Who's Who is not liable for any indirect, special, incidental, loss of business, loss of profits or consequential demages, whether based on breach of contract, breach of warranty, tort, negligence, product liability or otherwise, even if advised of the possibility of such damage. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this paragraph may not apply to user.
17. Notice. Notices may be posted to the Covington Who's Who web sites or e-mailed to Users using the e-mail address Users submitted during the registration process.
18. General. This TOS Agreement constitutes the entire agreement between the User and Covington Who's Who and governs the User's use of the Covington Who's Who web sites, registries and databases. This TOS Agreement shall be governed by the laws of the State of Florida. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Broward County, Florida. The failure of Covington Who's Who to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
20. Affiliation Disclaimer. Covington Who's Who is not associated or affiliated with, or sponsored or endorsed by any other Who's Who organization, association or publication.
21. Special Legal Considerations. User must possess the legal right and ability to use Covington Who's Who web sites, registries and databases. Without limiting the any of the foregoing, User agrees to be financially responsible for any purchase(s) User places on or in connection with the Covington Who's Who site. User agrees to comply with all applicable laws, rules and regulations concerning User's access to and/or use of such portion(s) of the Covington Who's Who and/or the content, including any internal rules regarding User's access to and/or use of the site (e.g. any applicable rules and or policies of User's employer or Internet Service Provider). Not withstanding any other provision of these terms to the contrary, Covington Who's Who reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activity(ies) and, when required by law, regulation, legal process or government requests, to disclose any personal information furnished by you or collected by Covington Who's Who to law enforcement authorities or other third-parties.
22. Covington Who's Who Yearly Maintenance Fee. Covington Who's Who reserves the right to change the foregoing terms at any time by posting changes online. Users are responsible for reviewing information posted online to obtain timely notice of such changes. Users' continued visits, use of the services and/or purchase of merchandise through the Covington Who's Who site, constitutes their acceptance of these terms, as modified by any posted changes.
All paid Covington memberships are for the term specified in the sale. Covington Who’s Who (CWW) membership services are delivered immediately. Upon the conclusion of your initial membership sales call, COVINGTON WHO’S WHO automatically sends you an email containing your login information so that you may begin to use the services. Because CWW immediately delivers its services and incurs full costs for your membership, CWW membership sales are final, as discussed below.
In order to better serve you and bring you additional membership benefits there is now an annual membership maintenance fee. To be charged at the anniversary month of your original membership. If you wish to opt out of automatic annual $99 maintenance fee, charged to the credit card used for your renewal, please contact our Member Support Department at (954) 893-0114, or email us: firstname.lastname@example.org.
CWW makes every effort to communicate its billing and renewal policies. In the rare event that authorization was not clearly stated or posted, CWW will contact you to explain and receive a clear confirmation.
When your initial term nears its end, CWW will send you multiple reminder emails which indicate your automatic maintenance fee and the date upon which it will be processed. CWW communications are sent beginning thirty days prior to the automatic renewal and continue on multiple occasions until the week prior to the renewal. This reminder policy is designed to give you every opportunity to opt out of the automatic renewal you previously authorized.