WILEN PRESS

Section 1.

ACCEPTANCE OF TERMS
Wilen Press LC. (“Wilen Press”) provides this site to you subject to the following Terms of Service:

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Wilen Press, (“WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. By using this site, you agree that you have carefully read, understood and accepted this TERMS OF SERVICE AGREEMENT and agree to be bound by it. The TERMS OF SERVICE may be updated by Wilen Press from time to time without notice to you. YOUR ACCESS AND USE OF THE SERVICE SHALL BE DEEMED YOUR CONTINUED AND CONCLUSIVE ACCEPTANCE OF THE AGREEMENT AS IT APPLIES TO YOUR USE OF THE SERVICE AND AS THEY MAY BE MODIFIED FROM TIME TO TIME BY Wilen Press. IF YOU DO NOT WISH TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. If you have any questions about the Agreement and its implications, please contact info@wilengroup.com.

Section 2.

DESCRIPTION OF SERVICE
Wilen Press provides registered users with access to a collection of on-line resources, including high-resolution image and document soft proofing, file transfer utilities and collaboration tools (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new resources will be subject to the TERMS OF SERVICE.

Section 3.

USE OF THE SERVICE

Your Account.
Upon being issued a login and password for the Service, Wilen Press will provide you with an account. Being provided with an account permits you to access and make use of the Service within the applicable Account Limits for which you are registering.

Your Account Information.
You represent and warrant that all information provided to Wilen Press concerning your registration and authentication is true and correct. You agree to notify us in the event that you are no longer employed with the subscriber for whose benefit this site has been created. You agree to keep your account, login and password information in confidence and never to use another person’s account, login or password information. You agree to notify Wilen Press if your account, login or password information is disclosed to any third party or compromised in any way. You shall not assign or otherwise transfer your rights or duties under the Agreement to any other person or entity without the prior written consent of Wilen Press.

Prohibited Uses.

Illegal Activity.
You expressly agree not to use the Service in a manner that is prohibited by law, or to facilitate the violation of any law. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material. You also agree not to use the Service to (i) solicit other Wilen Press customers, (ii) violate the security of the Service, or (iii) attempt to utilize another registered user’s account, name or password.

Protecting Your Files and Security.
YOU ALSO ACKNOWLEDGE THAT USE OF THE SERVICE CAN RESULT IN LOSS OR MIS-TRANSMISSION OF DATA AND/OR FILES OR OTHER ERRORS. WILEN PRESS DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE TO YOU FOR DOWNLOADING WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE PROPERTIES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SAFEGUARD AGAINST, AND TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR PREVENTING THE DESTRUCTION OF THE DATA AND/OR FILES YOU ARE DOWNLOADING AND THE SOFTWARE AND HARDWARE YOU ARE USING AT THAT TIME. ALSO, YOU RECOGNIZE THAT WILEN PRESS INCORPORATES CERTAIN SECURITY PROCEDURES TO HELP ENSURE THE SECURITY, INTEGRITY AND PRIVACY OF INFORMATION STORED AND TRANSMITTED USING THE SERVICE. WILEN PRESS IS CONTINUALLY ATTEMPTING TO UPDATE AND IMPROVE ITS SECURITY PROCEDURES, but GIVEN THE CURRENT REGULATORY AND TECHNOLOGICAL ENVIRONMENT, WILEN PRESS CANNOT GUARANTEE THAT THESE OR ANY SECURITY PROCEDURES WILL BE 100% EFFECTIVE, ERROR PROOF, “HACKER” PROOF, OR FAILSAFE. ACCORDINGLY, WILEN PRESS EXPLICITLY DISCLAIMS ANY REPRESENTATION OR WARRANTIES OF SECURITY, INTEGRITY OR PRIVACY REGARDING THE ACCOUNTS OR FILES MAINTAINED OR DISTRIBUTED THROUGH THE SERVICE BEYOND THE SECURITY AND ENCRYPTION MEASURES TAKEN AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACTUAL LEVEL OF SECURITY, INTEGRITY OR PRIVACY AT ANY GIVEN TIME.

Informational Messages.
Within reason, you agree that Wilen Press may send informational transmissions to your account (or corresponding e-mail address) maintained by you with us regarding, for example, updates and/or announcements regarding the Service, scheduled maintenance and the like.

Responsibilities.
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of any content, your use of the Service, you connection to the Service, your violation of the TERMS OF SERVICE, or your violation of any rights of another.

Suspension or Assignment of Service.
With or without notice to you, Wilen Press may suspend the Service for any duration and for any reason whatsoever including, but not limited to, maintenance, new releases or other improvements, and/or to safeguard the integrity of the Service and/or our computer system. Wilen Press may assign its rights and duties arising under this Agreement to any party at any time without notice to you.

Section 4.

TERM, TERMINATION, SURVIVAL AND RENEWAL

Termination of service.
This Agreement may be terminated by Wilen Press at any time and for whatever reason or for no reason at all. Upon termination, you shall not be permitted to access or make use of the Service. In this event, at Wilen Press’s option, all of your files remaining on the service may be unavailable to you or other users. All other provisions herein shall survive any termination of this Agreement.

Expiration of projects or files.
Wilen Press reserves the right to delete what we in our own estimation consider to be expired files without prior notice.

Section 5.

INTELLECTUAL PROPERTY
Wilen Press will retain all right, title, and interest in all materials on the Web site, Services, technology and all intellectual property rights therein or attached thereto. Nothing herein shall be construed as a license to you under any Wilen Press patent, trademark, copyright or trade secret. No title or ownership rights whatsoever are transferred from Wilen Press to you, except a limited right to use the Services as contemplated herein. Wilen Press hereby reserves all rights not expressly granted to you herein. You will not, nor will you authorize any third party to (i) create derivative works of, or alter or in any way modify, the Web site, Services or technology without the prior written consent of Wilen Press, or (ii) use any Services or technology other than for the limited purposes contemplated herein.

Section 6.

YOUR INDEMNITY.
You hereby agree to indemnify, defend and hold harmless Wilen Press, its officers, directors, employees, agents, successors, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the Affiliates in connection with any claim arising out of any breach by you of the Agreement (including Section 1.C (Prohibited Uses)). You shall cooperate as fully as reasonably required in the defense of any claim. Wilen Press reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Wilen Press.

Section 7.

NO Wilen Press WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS, AS AVAILABLE AND WITH ALL FAULTS,” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, EXCEPT AS MAY BE MANDATED BY LAW. TO THE FULL EXTENT PERMITTED BY LAW, WILEN PRESS SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY REPRESENTATIONS AND WARRANTIES (1) AS TO THE PRIVACY, SECURITY, USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF THE SERVICES OR SECURITY, INTEGRITY OR PRIVACY REGARDING YOUR ACCOUNT OR ANY FILES MAINTAINED OR DISTRIBUTED THROUGH THE SERVICES, (2) THAT ANY OF SUCH SERVICES PROVIDED HEREUNDER WILL BE SECURE, UNINTERRUPTED, ERROR OR VIRUS FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, (3) THAT SUCH SERVICES WILL MEET THE NEEDS OF ANY PARTY, OR (4) THAT THERE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OPERATION OF OUR SERVERS OR OF THE EQUIPMENT OF ANY SUB-CONTRACTED SERVICE PROVIDERS, WHETHER OR NOT THEY ARE IN THE DIRECT OR INDIRECT CONTROL OF WILEN PRESS. WITHOUT LIMITING THE FOREGOING, WILEN PRESS DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Section 8.

LIMITATION OF LIABILITY

A.	Limitation of Liability. YOU ASSUME ALL RISK AS TO THE USE OF THE SERVICES AND ACKNOWLEDGE THAT WILEN PRESS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY FILES. IN NO EVENT WILL WILEN PRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PARTNERS BE LIABLE WITH RESPECT TO ANY TRANSACTION AND/OR THE USE, LICENSE OR DELIVERY OF ANY SERVICES FOR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY DAMAGES OR PENALTIES (INCLUDING LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR INDIRECT DAMAGES), HOWEVER CAUSED AND IRRESPECTIVE OF THE THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THE AGREEMENT, THE INABILITY TO USE THE SERVICES AND/OR FAILURE OF ANY TYPE OF THE SERVICES, WHETHER OR NOT WILEN PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR PENALTIES. IN NO EVENT SHALL WILEN PRESS'S LIABILITY WITH RESPECT TO ANY TRANSACTION AND/OR USE, LICENSE OR DELIVERY OF ANY SERVICES EXCEED THE AGGREGATE AMOUNTS (IF ANY) PAID OR PAYABLE BY YOU TO WILEN PRESS PURSUANT TO YOUR USE OF THE SERVICES.
B.	Related Notices. Some jurisdictions do not allow limitation on implied warranties and/or exclusions or limitations of incidental, consequential or other damages or of damages for willful misconduct or gross negligence, so THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS CONTAINED IN THE AGREEMENT MAY NOT APPLY TO YOU. THESE WARRANTIES GRANT SPECIFIC RIGHTS AND OTHER RIGHTS MAY BE AVAILABLE TO YOU WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. IN SUCH JURISDICTIONS, WILEN PRESS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
C.	Risk Allocation. You acknowledge that the Agreement reflects an informed, voluntary, and deliberate allocation of all risks (both known and unknown) arising from or related to your use of the Services and the Agreement. You acknowledge the limitations and exclusions of liability and warranty contained in the Agreement, and that such limitations and exclusions will apply notwithstanding any failure of essential purpose of any limited remedy.

Section 9.

NOTICES
Notices to you may be made via email. The Service may also provide notices of changes to the TERMS OF SERVICE or other matters by displaying notices or links to notices generally on the Service.

For more information, Contact Us.