Last Updated: June 19, 2023
These Terms of Use describe your rights and responsibilities when using the WOWA Inc. website. Please read them carefully. Do not use this Site unless you agree to abide by the Policies, as outlined below.
1. INTRODUCTION AND ACCEPTANCE OF TERMS
The WOWA Inc. website on which these Terms of Use are posted (including any of its related or affiliated websites, mobile sites and related applications) (all site features collectively, the “Site”) and the related services, features, functionality and content of the Site, including but not limited to Digital Files (as defined below), images, video, live content feeds and on-demand streams, software and other related downloads, the Site’s social networking applications, forums and blogs, if any (collectively, the “Content”), is provided by WOWA Inc. (“WOWA” or “we”). The terms and conditions set forth in this Terms of Use agreement (these “Terms of Use”) and in the WOWA Privacy Policy (collectively, the “Policies”), govern your use of the Site. By using the Site, you agree to abide by and will comply with the Policies and any modifications thereto that are then posted. These Terms of Use constitute a written agreement regarding your use of the Site that affects your legal rights and obligations.
The Site has been specifically created to host certain Content in relation to individual pieces of real property (each a “Subject Property”) which are the subject of one or more various projects ranging from basic assessment/evaluation to complex construction projects (each a “Project”). The Site is meant to provide a platform on which such Content can be generated, shared, preserved, stored, reviewed, and managed as it relates to each Subject Property (the “Knowledge Bank”).
2. OWNERSHIP
2.1 The Site. The Site (including modifications) is owned by and all right, title and interest in and to the Content available through the Site, with the exception of the Digital Files, are owned and controlled by WOWA Inc., a California corporation. The Site is protected by U.S. and international copyright, trademark, patent or other intellectual property rights and laws to the fullest extent possible. The Content, with the exception of the Digital Files, and other features of the Site as well as the selection, arrangement, assembly, compilation and/or enhancement of the Content, with the exception of Digital Files, and any modifications thereto, are owned by or licensed to WOWA.
2.2 Digital Files. All information relating to the Subject Property on the Site contained in the form of graphs, models, reports, summaries or other documents and Confidential Information (as defined herein) (collectively, the “Digital Files”) and all common law, statutory law and other intellectual property rights relating to the Digital Files, all digital assets and the data contained therein are owned by the Person who owns the Subject Property (the “Digital Files Owner”). For clarity, WOWA does not own any information which constitutes a Digital File contained on the Site. You acknowledge that any related copyright, design rights and moral rights to the Digital Files remain with the Digital Files Owner and that any digital assets created by you are derivative works of the Digital Files owned by the Digital Files Owner. You hereby assign to the Digital Files Owner all materials produced from the Digital Files and all rights therein and, except with Digital File Owner’s prior written consent, you shall not use the Digital Files, any part thereof, or any derivative work therefrom to produce any materials not expressly required for a Project, including without limitation renderings, physical models, graphic design or marketing materials, nor may you use those materials for any purpose other than a Project. If in its sole discretion, the Digital Files Owner does consent to any other use, such consent will be conditioned, at a minimum, to the Digital Files Owner receiving credit as the producer and (to the extent applicable) copyright holder.
3. GENERAL USE OF THE SITE – PERMISSIONS AND RESTRICTIONS
3.1 Age Restrictions. You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of thirteen (13), have the permission of your parent(s) or legal guardian(s), to participate in various features of the Site such as uploading any User Content such as any personally-identifying information on or passed through the Site. If you are under thirteen (13) years of age, please do not send any information about yourself, including your name, mailing address or email address without prior parental or guardianship consent. If you are under the age of majority in your state or jurisdiction of residence, you may only use this Site with the involvement of a parent or guardian who takes responsibility for your use and agrees to the Policies. If we discover that we have collected any personally-identifying information from a child under the age of thirteen (13) without prior parental or guardianship consent, we will remove that information from our database(s) as soon as possible.
3.2 Prohibited Activities. You agree not to:
Copy, alter, reproduce, create derivative works, remove, republish, post, publicly perform, publicly display, distribute, modify, broadcast, download, transmit, license or commercially exploit, in whole or in part, except as expressly permitted by WOWA herein or by the respective Content owner as applicable and as permitted in any required end user license agreement if any provided that you include without any modification or alteration all copyright and other propriety notices contained in the Content;
Collect or otherwise obtain any personally identifiable information from the Site or any Content available on the Site for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes;
Disable, circumvent or otherwise interfere with security features of the Site or other features that prevent or restrict use or copying of any Content; or
Use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, and/or soliciting support for legislative or other related initiatives.
3.3 User Acknowledgments. You acknowledge and agree that:
You may use the Digital Files only for your own use in relation to the Subject Property and its associated Project and only for the following express purposes:
analysis of the Property’s history and evolution over time;
analysis of building dimensions and areas of existing property;
financial analysis;
property formatting and programming;
project deliverable submissions;
planning, design, and construction reviews;
visualizations, community engagement, and marketing;
city planning, building, and fire code compliance;
project schedule, costs, and quality control;
digital assets management compliance;
background on which to prepare design, shop or other drawings and other submittals;
3D coordination, clash detection, schedule simulation;
take offs, quantity estimates of specific items;
fabrication, and procurement of components;
property, and facilities management; or
all other actions as it relates to meeting the needs of the Project.
You may not access, forward, sell, trade, distribute, or permit access to the Digital Files, to any third party, including without limitation consultants, sub-consultants, contractors, sub-contractors, and facility managers, unless the Digital Files Owner has expressly agreed to such access in writing, it being understood that such agreement will not be forthcoming from the Digital Files Owner unless and until such proposed third party has agreed to the Policies and been granted access to the Site by WOWA;
You may not alter, modify, amend or change in any manner the contents of the Digital Files, or separate any content, schedules, materials, wall types or legends which are included as elements within the Digital Files, or in any portion of the Digital Files;
You shall ensure that any work product created by you relating to the Subject Property and its associated Project shall be uploaded to the Site only and that no hard copy originals or copies shall be kept by you nor shall any such work product or copies thereof be stored on your local drives or any other electronic form other than on the Site;
You shall verify and check all information contained within the Digital File and be solely responsible for fully ascertaining all site conditions and measurements relevant to your Subject Property and its associated Project;
While the Digital Files Owner and WOWA have taken reasonable precautions to ensure that Digital Files are “virus-free”, you take full responsibility of assuring that this is the case, and that you shall have no entitlement to any claims or damages against either the Digital Files Owner or WOWA connected to any damage to your computing systems and/or files in the access or use of the Digital Files;
The Digital Files provide a representation of then dated design, are not construction documents, nor do the Digital Files reflect construction or contract documents, and that there may be significant and material differences between the Digital Files and any corresponding existing conditions, new construction, or contract documents, including but not limited to previously prepared construction or contract documents;
Data contained in the Digital Files may change subsequent to the issue of Digital Files to you, however, neither the Digital Files Owner nor WOWA is under any requirement to advise you of any such changes or additions and no liability accrues to the Digital Files Owner for not advising you of any changes or additions;
You shall, at your sole expense, remove all references to the name and logo of the Digital Files Owner and WOWA, the name and logo of any other consultant, and all professional seals, in the use of the Digital Files. Furthermore, the Digital Files Owner and WOWA reserve the right to remove all references to the name and logo of the Digital Files Owner, the name and logo of any other consultant, and all professional seals, in the Digital Files provided to you; and
If the Digital Files are provided as linked components (due to size constraints or otherwise), you take full responsibility for any ‘binding’ which may be required by you and any resultant file corruption which may be a consequence thereof which is at your sole cost, risk and expense.
4. CONFIDENTIAL INFORMATION AND INVENTION ASSIGNMENT
4.1 Confidential Information. At all times while using the Site and thereafter, you shall hold in strictest confidence, and not use, except for the benefit of the Subject Property and its associated Project, or disclose to any person, firm or corporation without written authorization of WOWA and the Digital Files Owner, any Confidential Information contained on the Site. For purposes of these Terms of Use, the term “Confidential Information” means all Content on the Site which may include, but not be limited to, research, product plans, products, services, customer lists, markets, software, developments, inventions, conceptions, patentable subject matter, processes, formulas, technology, specifications, designs, drawings, models, engineering, hardware configuration information, marketing, finances or other business information of and relating to the Subject Property and its associated Project. Confidential Information does not include any of the foregoing items which has become publicly known and made generally available through no wrongful act of yourself or of others who were under confidentiality obligations as to the item or items involved. You understand and acknowledge that Confidential Information is of great competitive importance and commercial value to WOWA and the Digital Files Owner, and that improper use or disclosure of Confidential Information by you may cause WOWA and/or the Digital Files Owner to incur financial costs, loss of business advantage, liability under confidentiality agreements with third parties, civil damages and criminal penalties. You further understand that the above list is not exhaustive and that Confidential Information also includes other information that is marked or otherwise identified as confidential or proprietary, or that would otherwise appear to a reasonable person to be confidential or proprietary in the context in which the information is known or used. Confidential Information developed by you during your use of the Site as it relates to the Subject Property and its associated Project or Confidential Information which may be added to the Site at different times in the future shall be subject to the same terms and conditions of these Terms of Use as if such Confidential Information was contained on the Site in the first instance.
4.2 Disclosure and Use Requirements. You agree and covenant: (i) to treat all Confidential Information as strictly confidential; (ii) not to directly or indirectly disclose, publish, communicate or make Confidential Information available, or allow Confidential Information to be disclosed, published, communicated or made available, in whole or part, to any entity or person whatsoever not having a need to know the Confidential Information as it relates to the Subject Property and its associated Project and, in any event, not to anyone outside of your direct employ, except as such disclosure is required in carrying out the Project associated with the Subject Property and such disclosure shall only be made after the execution of a confidentiality agreement by the third party with whom Confidential Information will be shared in each instance, and then, such disclosure shall be made only within the limits and to the extent of such duties or consent; and (iii) not to access or use any Confidential Information, and not to copy any documents, records, files, media or other resources containing any Confidential Information, or remove any such documents, records, files, media or other resources from the premises or control of the Company, except as required in carrying out the Project associated with the Subject Property or with the prior consent of an authorized officer acting on behalf of WOWA or the Digital Files Owner in each instance and then, such disclosure shall be made only within the limits and to the extent of such duties or consent. Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required or permitted by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation or order. You shall promptly provide written notice of any such order to an authorized officer of WOWA and the Digital Files Owner within three (3) days of receiving such order, but in any event sufficiently in advance of making any disclosure to permit WOWA and/or the Digital Files Owner to contest the order or seek confidentiality protections, as determined in WOWA and the Digital Files Owner’s sole and absolute discretion.
4.3 Duration. You understand and acknowledge that your obligations with respect to the use of Confidential Information shall commence immediately upon your first having access to such Confidential Information (whether before or after you accessed the Site) and it shall continue during and after your use of the Site has ended and until such time as such Confidential Information has become public knowledge other than as a result of your breach of these Terms of Use or breach by those acting in concert with you or on your behalf.
5. USER GENERATED CONTENT
The Site may contain interactive areas such as comment sections, discussion forums, blogs, bulletin boards or other interactive sections (“Interactive Sections”) that contain user generated content provided by users, including text, photos, videos or other materials and/or content (“User Content”). You are solely responsible for your use of any Interactive Sections and your use of them is at your own risk. All User Content will be considered non-confidential and non-proprietary, and WOWA is free to use, copy, disclose, distribute and otherwise exploit any such User Content for any purpose that is not inconsistent with our Policies.
You are solely responsible for the User Content that you provide and any consequences of WOWA posting, publishing or otherwise distributing them. By submitting your User Content to the Site, you affirm, represent, and/or warrant that:
The User Content is your own original work and/or you own or have the necessary rights to distribute and use the User Content on the Site in the manner contemplated by the Site and these Terms of Use;
You own or have the rights, necessary licenses, consents and permissions for the upload, use and/or authorization for the use of all intellectual property or proprietary rights, including privacy and publicity rights, in and to any and all User Content to enable inclusion, distribution and other use of the User Content on the Site in the manner contemplated by the Site and these Terms of Use;
You have the written consent, release, and/or permission of each and every individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Site and these Terms of Use;
The User Content does not violate or infringe upon the rights of any person or entity;
The User Content does not violate any laws, rules or regulations;
The User Content is not an endorsement, express or implied, of any party, product or other entity;
The User Content is not in any way abusive, derogatory, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; and
You have not received payment or consideration of any kind for submitting the User Content to WOWA for posting on the Site or otherwise.
Unless you obtain a separate written agreement with WOWA, WOWA does not claim ownership in User Content that you submit, however, by submitting User Content to WOWA, you hereby waive any and all moral rights in connection with the User Content and you grant WOWA and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, modify, reconfigure reshape and use the User Content or portions thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and distribution channels, including, but not limited to, the WOWA services (including any promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice. You further grant WOWA and its licensees the right to contact you in connection with your User Content and to use your name, geographic location and other information that you have provided with the User Content.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Content (in whole or in part) as permitted through the Site and under these Terms of Use.
By submitting any User Content to the site, you are consenting to its display throughout the Site and for related promotional purposes.
WOWA does not endorse any User Content, or any opinions, recommendation or advice expressed therein, and expressly disclaims any and all liability in connection with User Content.
You acknowledge WOWA has no obligation to, and does not in the normal course of business, monitor or control any User Content that you post on the Site and that WOWA reserves the right to review refuse to post, remove, screen or edit User Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we have questions/concerns about your User Content, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Content.
WOWA may, at any time, terminate your access to the Site for uploading material in violation of these Terms of Use, at any time, without prior notice and in its sole discretion.
6. CHANGES TO SITE
6.1 Removal of Content. WOWA does not allow for the infringement of intellectual property rights, including copyrights, trademarks or patents, etc. on the Site, and WOWA will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. WOWA reserves the right to remove Content (including User Content) without prior notice. Further, WOWA reserves the right to change or discontinue temporarily or permanently any Content, or related services available through the Site at any time without notice. WOWA will not be liable to you or any third party for any modification or discontinuance of the services therein.
6.2 Modifications. The terms listed within the Site may be modified by WOWA from time-to-time without notice. Continuing to use the Site after a modification has been made will indicate your acceptance of the revisions made. You should refer back to the Site for future updates and modifications.
6.3 Termination. You will no longer be granted access to the Site upon the earliest to happen of the following events: (i) the Project is completed; (ii) you breach any terms of the Policies or any other agreement which you have entered into with either WOWA or the Digital Files Owner relating to the Subject Property and its associated Project; or (iii) any agreement between you and WOWA or the Digital Files Owner has been terminated for whatever reason.
7. INTELLECTUAL PROPERTY
7.1 Trademarks. All trademarks, service marks, design marks, logos, positioning statements and trade names are proprietary to WOWA or of the respective owner. All rights are reserved by the respective owners. You may not use any WOWA provided service marks, logos or graphics, without WOWA’s prior written consent, except that you have the right and obligation, to use any WOWA or other content provider service mark or logo included in, or required to be used in connection with, Content or other portion or capability of the Site, subject to the requirements set forth in these Terms of Use for the use of the Content or other functionalities of the Site.
7.2 Copyrights. All rights, including any intellectual property rights therein, and to this Site, Content and associated materials are owned by or licensed to WOWA, or otherwise used by WOWA as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to WOWA by the user as provided for herein.
If you are a copyright owner or an agent of a copyright owner and believe that any Content on the Site infringes upon your copyrights, you may submit a notification to WOWA pursuant to the Digital Millennium Copyright Act (“DMCA”) section 17 USC 512 (c) (3). Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. All notifications of claimed copyright infringement should be sent to WOWA via this form.
8. LINKS TO THIRD PARTY SITES AND OTHER SERVICES
The Site may contain links to other Internet sites, applications and services maintained by third parties, over which WOWA has no control. WOWA does not endorse the content, operators, products or services of such sites, and WOWA is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such third-party sites. You further acknowledge and agree that WOWA shall not have any liability whether direct or indirect or otherwise, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Site may also include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. Please be aware that any third party services are unrelated to WOWA and that your use of the third party services is subject to the terms and policies of those specific services.
9. USER'S OBLIGATIONS TO ABIDE BY APPLICABLE LAW
In connection with the Terms of Use of the Site, you shall abide by all applicable federal, state and local laws, including, but not limited to the laws regarding those such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Laws”). The Content may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
10. PROHIBITION AGAINST OUTSIDE PROGRAMMING
You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, worm or other outside programming. WOWA has no obligation to detect the presence of any such software or programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the information on the Site is at your risk. Adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
11. ONLINE COMMUNICATIONS
Please note that any online communications may not be fully confidential. Some personnel of WOWA may, in the course of their regular duties, have access to communications for technical or operational purposes. WOWA may have access to such communications and may need to disclose any communications to the extent permitted or required by law.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND THE DIGITAL FILES IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WOWA DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE WOWA SERVICES WILL BE UNINTERRUPTED OR ERROR FREE AND/OR THAT ANY CONTENT IS FREE OF ERROR, BUGS OR MALICIOUS OR ROGUE SOFTWARE. NO ADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE AND IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY ACKNOWLEDGE THAT THE DIGITAL FILES OWNER IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE DIGITAL FILES OR THE DATA CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY REFERENCE NOTES TO “AS-BUILT” OR SIMILAR. THE DIGITAL FILES OWNER OFFERS NO ASSURANCES THAT THE INFORMATION IN THE DIGITAL FILES IS REFLECTIVE OF A PREVIOUS CONTRACT OR AS-BUILT CONDITIONS, AND DISCLAIMS ALL RESPONSIBILITY FOR THE ACCURACY OR USE OF THE DATA CONTAINED IN THE DIGITAL FILES.
NEITHER WOWA NOR THE DIGITAL FILES OWNER MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
13. RELEASE AND INDEMNITY
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST WOWA AND/OR ITS AFFILIATES AND THE DIGITAL FILES OWNER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WOWA SITE AND THE USE OR RELIANCE ON THE DIGITAL FILES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE DIGITAL FILES OWNER, WOWA AND ITS AFFILIATES, AND/OR LICENSORS, AND THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, MANAGERS, ADVISORS AND EMPLOYEES FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WOWA WEBSITE, USE OR RELIANCE ON THE DIGITAL FILES, OR YOUR FAILURE TO ABIDE BY APPLICABLE LAW.
14. LIMITATION OF DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WOWA OR THE DIGITAL FILES OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE WOWA SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLE ON THE SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS OR ANY OTHER FAILURE OF PERFORMANCE.
15. PRIVACY POLICY
WOWA respects the privacy of the visitors to the Site. Please also review WOWA’s Privacy Policy to understand the additional Terms of Use that apply to your use of the Site.
16. GENERAL PROVISIONS
16.1 Entire Agreement. The Policies constitute the entire agreement between you, WOWA and the Digital Files Owner and govern your use of the Site, superseding any prior version of these Terms of Use between you and WOWA with respect to the Site.
16.2 Governing Law and Venue. All parties hereby bound agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between you, WOWA, and or the Digital Files Owner, shall be brought exclusively in the courts located in the county of Santa Clara, California. You hereby agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara County, California and agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16.3 Assignment. You may not transfer, subcontract, license or assign any rights or duties under, or interest in, these Terms of use which are personal to you, without the prior written consent of WOWA.
16.4 Severability. If any term, condition or obligation of these Terms of Use, or the application of any term, condition or obligation to the parties or to any other persons (including firms, partnerships, corporations or any combination), is to any extent held invalid or unenforceable under any applicable legislation or rule of law, such holding will be applied only to that provision(s), with the remainder of these Terms of Use remaining in full legal force and effect.
16.5 Waiver. The express rights and remedies of WOWA and the Digital Files Owner set out in these Terms of Use are in addition to and will not limit any other rights and remedies available to WOWA or the Digital Files Owner at law or in equity. Any failure by WOWA or the Digital Files Owner to insist on strict performance and compliance by you of any term, right or remedy under these Terms of Use will not be construed as a waiver by WOWA or the Digital Files Owner of its respective right to require strict performance of any such term, right or remedy, and your duties with respect to such contractual performance will continue in full force and effect.
16.6 Attorney’s Fees. In the event that any legal action or any other proceeding is commenced to enforce any provision of these Terms of Use or as a result of a breach, default or misrepresentation in connection with any provision of these Terms of Use, the successful or prevailing party shall be entitled, in addition to any other relief to which said party may be entitled, to recover actual attorneys’ fees and costs incurred in such action or proceeding.
16.7 Successors and Assigns. You agree to be bound, as are your successors, executors, administrators and legal representatives, in respect of all terms, conditions and obligations pursuant to these Terms of Use.
If you have any questions about the WOWA Terms of Use, please contact WOWA using this form.