WETYPE4U TERMS OF SERVICE FOR FREE TRIAL
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY PART OF THE WETYPE4U SERVICE, YOU ARE AGREEING TO THESE TERMS OF SERVICE, IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO, OR WILL NOT COMPLY WITH, THESE TERMS OF SERVICE, CLICK THE "CANCEL" BUTTON TO CANCEL YOUR REGISTRATION FOR THE WETYPE4U SERVICE.1. THE SERVICE
As used herein, the "Service" means WeType4uís Internet- registration, document retrieval and telephone-accessible document dictation system, including, without limitation, associated email attachment transmission, encryption and synchronization applications. WeType4u.comô, Inc. ("WeType4u") owns and operates the Service.2. YOUR RESPONSIBILITIES
You are solely responsible for obtaining and maintaining all computer hardware and software, and all telecommunications equipment, needed to access the Service, and for paying all access charges (e.g., Internet service, telecommunications service, cell phone charges, etc.) that you may incur in connection with your use of the Service. You are responsible for maintaining the security of your password and security code, and for all uses of the Service under your account.3. GENERAL
WeType4u has the right at any time to change or discontinue any aspect of the Service, including the content, hours of availability, and equipment needed for access to or use of the Service. You understand and agree that the Service is provided to you exclusively under WeType4u's Terms of Service. By completing the registration process, you are stating that you are an adult (18 years or older), that you have read and understand the Terms of Service, and that you agree to be bound by them. WeType4u reserves the right to terminate your account at any time for any reason, including if WeType4u learns that you have provided false or misleading registration information or have violated the Terms of Service. WeType4u makes no guarantees regarding the continuing availability of the Service or any portion thereof.4. USE OF PROPRIETARY WEBSITE; DISCLAIMER
Subject to the terms and conditions of this Agreement, WeType4u grants you a personal, revocable, non-sublicensable, nonexclusive and non-transferable license to use its proprietary website as made available by http://www.WeType4u.comô or otherwise provided by WeType4u, in object code form only (the "website"), and subject to the terms and conditions of this Agreement (as the same may be amended by WeType4u from time to time in its sole discretion) and any user documentation published by WeType4u from time to time. In addition, you may transfer unlimited use of the software to one or more co-worker(s) for the sole purpose of facilitating your use of the Service; provided, that such co-worker agrees to be fully bound by this Agreement. You will not, (a) directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the website; (b) modify, translate, or create derivative works based on the website; (c) copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the website; (d) use the website for timesharing or service bureau purposes or otherwise for the benefit of a third party; (e) remove any proprietary notices or labels on the website, or (f) authorize or assist any third party to do any of the foregoing. As between the parties, you acknowledge that WeType4u and its licensors retain all right, title and interest (including all copyright, patent and other proprietary rights) in and to the Service and all software, access rights and other materials provided by WeType4u hereunder. Upon termination of this Agreement for any reason, this License will terminate and you will delete and cease to use the Service.
THE SERVICE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.5. RESTRICTIONS AND POLICIES
You will only use the Service for lawful purposes, in compliance with all applicable laws and regulations of governments having jurisdiction, including, without limitations, copyright, trademark, obscenity and defamation laws. Further, you shall not use the service to: (a) transmit spam, chain letters, junk mail or distribution lists to any person who has not given specific permission to be included in such a process, (b) transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind, (c) attempt to compromise the security of any networked account or site, (d) make any threats of physical harm, or (e) download, store or transmit material that infringes on any third party's copyright, trademark or other proprietary right. You hereby agree to defend, indemnify and hold harmless WeType4u, its affiliates, officers, directors, employees and representatives from and against any claim or action that arises from your use of the Service in an unlawful manner or in any manner otherwise inconsistent with the restrictions and policies stated herein.6. PRIVACY
WeType4u will provide you with such support for your use of the Service and as WeType4u, in its sole discretion, chooses when such support may be provided, at WeType4u's sole option, by email, over the Internet, telephone or other method. Under no circumstances will WeType4u have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll-free phone support.8. TERMINATION
The term of these Terms of Service will commence upon your initial registration for the Service, and will continue thereafter unless and until terminated by you or WeType4u. Either party may terminate these Terms of Service immediately by notifying the other party. WeType4u may also terminate these Terms of Service immediately, without prior notice or liability, if you breach any of the terms or conditions hereof. To cancel the Service, you must contact WeType4u's Customer Support department via email, fax, postal mail or telephone. WeType4u reserves the right to delete messages and other stored materials related to your account cancellation. Upon expiration or termination, you will immediately cease all use of the Service and destroy any documentation in your possession. Except for the License granted in Section 4, and except as otherwise expressly provided herein, all sections of these Terms of Service which would reasonably be construed to survive termination will survive, including, without limitation, rights to payment accruing prior to termination, warranty disclaimers, and limitations of liability. Termination shall be in addition to all other rights and remedies that WeType4u may have available at law or in equity.9. WARRANTY DISCLAIMER
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND WETYPE4U DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND WARRANTIES ARISING BY TRADE USAGE OR COURSE OF DEALING. SOME STATES DO NOT PERMIT DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.10. LIMITATION OF LIABILITY
WETYPE4U'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO WETYPE4U FOR THE SERVICE UNDER THIS AGREEMENT IN THE TWELVE-12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY. WETYPE4U AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF COVER), WHETHER OR NOT FORESEEABLE AND EVEN IF WETYPE4U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.11. EXPORT CONTROL
You may not remove or export from the United States or allow the export or re-export of any part of the software or applicable documentation, if any, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.12. U.S. GOVERNMENT RESTRICTED RIGHTS
The software and documentation licensed under this Agreement are "commercial items" as defined U.S. Federal Acquisition Regulations ("FAR"), and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.13. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder; rather the same shall be and remain in full force and effect. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense your rights hereunder without WeType4u's prior written consent. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE CONFLICT OF LAWS PROVISIONS TO THE CONTRARY. You irrevocably consent to personal jurisdiction and venue in the state and federal courts located in Tallahassee, Florida, with respect to any suit or other action arising hereunder, and will not commence or prosecute any such suit or action in any other courts. This Agreement represents the complete and exclusive statement of the mutual understanding of the parties and supersedes any and all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to enter into or assume any liability or obligation on behalf of WeType4u in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.