1. Terms
    These Terms and Conditions apply between West County Media, including its principals, agents, employees, consultants, suppliers, partners, vendors, affiliates and assigns (also “company”) and you, including your businesses, companies, agents, assigns, partners, and affiliates. By accessing this website and/or any other West County Media website(s) or by entering into a contract for services with West County Media, you agree to be bound by these website Terms and Conditions of Use (TCU) and by use of any services you are agreeing to be bound by these Terms of Service (TOS) and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
  2. Use License
    1. The materials contained in this website are protected by applicable copyright and trademark law. Permission granted to temporarily download materials (information or software) on West County Media’s website(s) constitutes a license for one copy for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. Under this license, you may not:
      1. modify, copy or remove the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on West County Media’s website(s);
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or “mirror” the materials on any other server;
      6. access or attempt to access any content, materials, systems or software which you have not been granted specific access to;
      7. access or attempt to access any paid service level resources, content, materials, systems or software in any period where your account contains any unpaid or overdue invoices.
        This license shall automatically terminate if you violate any of these restrictions and may be terminated by West County Media at any time, and West County Media may terminate this Agreement at its sole discretion at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  3. Disclaimer
    The materials on West County Media’s website(s), and all products and services are provided “as is”, whether provided by West County Media or any affiliate or third party product or service provider. In no way does West County Media guarantee the functioning of any product or service, or other outcome as a result of the use of its website, products, or services. West County Media makes no warranties or representations of any kind, expressed or implied, for the information or services obtained from West County Media or its agents, including warranty of merchantability or fitness for any particular purpose and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
    1. You are directed to conduct your own investigation regarding any third party product or service, make your own decisions about any such third party product or service, and inform West County Media if you do not wish to use any such third party product or service. Further, West County Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of any services or the materials on its Internet website(s) or otherwise relating to such materials or on any sites linked to this website or any other West County Media website(s).
  4. Limitations
    By your use of this website or purchase of any products or services, you acknowledge and agree that all materials on this website or any other West County Media website(s) and any and all services are provided on an as-is, as-available basis with no warranty, express nor implied, and no discounts, refunds, rebates, returns or exchanges shall be required to be extended or granted under any circumstances.

West County Media and its principals, agents, employees, consultants, suppliers, partners, vendors, affiliates and assigns reserve the right to refuse service to any persons communicating or dealing in an unreasonable and/or unprofessional manner, including but not limited to the use of any rude, vulgar, defamatory, slanderous, discriminatory, incendiary or inflammatory language, gestures or communications in any form, written or oral, or otherwise. This limitation extends to any communication whether or not such communication occurs on West County Media’s website(s), or in any other format, forum, or location, whether physical or electronic.

In no event shall West County Media, its principals, agents, employees, consultants, suppliers, partners, affiliates and/or vendors be liable for any losses or damages (including, without limitation, damages due to business interruption, for loss of data or profit, delays, non-deliveries or service interruptions by any cause, lost income, third party liability, consequential or incidental damages, or otherwise) arising out of the use or inability to use any services, product, or materials as a result of your relationship with West County Media, its technology, website(s), servers, third-party providers, whether or not West County Media or a West County Media authorized representative has been notified orally or in writing of the possibility of such damage. These limitations are deemed to apply to the maximum extent allowable by law to protect West County Media, its principals, employees, partners and affiliates from any liability arising out of your use of West County Media’s website, products, services, including those of third parties. You agree to indemnify and hold West County Media harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed arising from or in connection with your relationship or use of information, products or services of West County Media.

  1. Revisions and Errata
    The materials appearing on West County Media’s website(s) could include errors including technical, typographical, or photographic errors. West County Media does not warrant that any of the materials on its website(s) are accurate, complete, or current. West County Media may make changes to the materials contained on its website(s), and all services, service levels and pricing at any time and without notice. West County Media does not, however, make any commitment to update the materials on this website or any other West County Media website(s).
  2. Links
    West County Media has not reviewed all of the websites linked to its Internet website(s) and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by West County Media of the website. Use of any such linked website is at the user’s own risk.
  3. Website Terms and Conditions of Use and Terms of Service Modifications
    West County Media may revise these terms at any time and without notice. By using this website or any other West County Media website(s) and any services you are agreeing to be bound by the current version of these Terms and Conditions of Use and Terms of Service.
  4. Governing Law
    Any claim relating to West County Media’s website(s) or services shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the unlikely event that a dispute arises, you must provide notice within thirty (30) calendar days by email and certified postal mail to the official business address of West County Media listed. Timely providing of such notice is a condition any rights to seek redress regarding any alleged dispute.
    NOTICE OF DUTY TO ARBITRATE: If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. By using West County Media and its products and services including those of affiliates, you hereby waive your right to file legal action in court to seek redress for any alleged wrong. Any dispute between you and West County Media, including its principals, employees, agents and affiliates, must be brought in commercial arbitration governed by the American Arbitration Association (AAA) in San Francisco before a panel of three arbitrators.
    If any portion of these terms and conditions are later struck down or determined to be inapplicable by any court or arbitration forum, all remaining terms shall continue to remain in effect to further the intent of the parties to be able to use the products and services as described herein and limit any potential liability by West County Media to the maximum extent allowed by law.

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