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Terms & Conditions

Westernox – Terms & Conditions

 

Effective date: 02/07/2025

 

This Terms of Use Agreement (the "Agreement") establishes a legally binding contract between Westernox, LLC, a limited liability company organized under the laws of the state of California ("Westernox"), and the user, whether an individual or acting on behalf of an entity ("User"), regarding access to and use of Westernox's website: https://www.westernox.com/ (the "Website") and any other related media forms, channels, mobile websites, or mobile applications linked to or otherwise connected with it. Failure to agree to and comply with all the terms, conditions, and obligations outlined herein expressly prohibits the User from using the Website, and the User is directed to cease use immediately. Subsequently, the relationship between the User and Westernox shall terminate and have no further effect between the parties, except that any outstanding payment obligations of the User to Westernox for services provided shall remain and continue to be an ongoing obligation owed by the User to Westernox.

 

 

1. Intellectual Property Rights

 

Unless explicitly stated otherwise, the Website is the proprietary asset of Westernox, and all elements including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (collectively or individually referred to as the "Content"), along with the trademarks, service marks, and logos contained therein (the "Marks"), are the exclusive property of Westernox. These assets are protected by copyright, trademark, and other intellectual property laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided on an "As-Is" basis for informational and personal use only. Without the express prior written consent of Westernox, no part of the Website or its Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose. Westernox retains all rights to the Website, Content, and Marks.

 

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2. Ownership of Materials

 

Despite Westernox's ownership of Submissions, as outlined in Paragraph 5 ("Client Feedback"), all design and original source files produced on behalf of the Client ("Projects") are the property of the Client, and the Client shall hold the exclusive copyright for all Projects. If any legal circumstance were to designate Westernox as the owner, in part or in whole, of a Project rather than the Client, Westernox unconditionally and permanently transfers its entire interest in the Project to the Client, without restrictions. The Client guarantees that all materials furnished to Westernox as examples or for integration into a project during the design process are owned by the Client and do not violate or infringe upon any third-party rights, including but not limited to intellectual property rights and rights of publicity. Westernox retains the right to publicly share the Client's design work (on social media, the website, etc.) unless otherwise agreed upon.

 

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3. User Representations

 

By accessing the Website, the Client affirms and assures that: they possess the legal capacity and consent to abide by these Terms of Use; they are not considered a minor in their jurisdiction of residence; they will not access the Website through automated or non-human methods; they will refrain from utilizing the Website for unlawful or unauthorized activities; and their utilization of the Website will not breach any relevant laws or regulations.

 

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4. Prohibited Activities

 

The Client agrees to utilize the Website solely for its intended purpose, which is provided by Westernox. The Website is not to be employed for any commercial activities except those directly related to the services rendered by Westernox on behalf of the Client. Additionally, the Client pledges to abstain from the following actions:

 

  • Engaging in any unauthorized use of the Website.

  • Extracting data or content with the intent to compile a database or directory.

  • Attempting to circumvent, disable, or disrupt security features of the Website.

  • Employing unauthorized framing or linking techniques with the Website.

  • Deceiving, defrauding, or misleading Westernox or other users.

  • Disrupting or overloading the Website or Westernox’s networks or servers.

  • Using the Website in a manner that competes with Westernox.

  • Attempting to decipher, decompile, or reverse engineer the Website’s software.

  • Evading measures on the Website intended to restrict access.

  • Harassing, intimidating, or threatening Westernox’s employees, contractors, or agents.

  • Removing copyright or other rights notices from any content.

  • Replicating or modifying the Website’s software.

  • Transmitting viruses, Trojan horses, or other harmful material.

  • Uploading material that collects or transmits information without authorization.

  • Damaging the reputation of Westernox.

  • Utilizing the Website in violation of applicable laws or regulations.

 

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5. Client Feedback

 

The Client acknowledges and agrees that any inquiries, remarks, recommendations, or other feedback or submissions (referred to as "Submissions") shall become the exclusive property of Westernox. Westernox is not obligated to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. Westernox shall have complete ownership rights over the Submission, except to the extent that Client is granted rights under Paragraph 2 ("Ownership of Materials"). Westernox may use and distribute a Submission for any lawful purpose at its sole discretion, without requiring permission, acknowledgment, or compensation to the Client. The Client affirms that they have the authority to express and submit the Submission and hereby relinquishes any claims or recourse against Westernox for its utilization of the Submission in accordance with these terms and its subsequent discretion.

 

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6. Management and Oversite

 

Westernox retains the authority to monitor the Website for infringements of these Terms of Use and to initiate suitable legal measures in reaction to any violation of the Terms of Use or relevant laws, statutes, or regulations. Furthermore, Westernox retains the right to limit or prohibit access to the Website or disable the Client's usage of the Website. Such determinations shall be made solely by Westernox, without prior notification or accountability to the Client. All judgments concerning the administration of the Website shall rest solely with Westernox and shall be intended to safeguard Westernox's rights and assets.

 

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7. Privacy Policy

 

By utilizing the Website, the Client agrees to adhere to and be bound by the Privacy Policy and the specific terms delineated therein, which are hereby adopted and integrated by reference. The Website is hosted within the United States of America. Accessing the Website from the EU, Asia, or other regions worldwide may subject the Client to laws, statutes, or regulations that differ from those governing the collection, use, or disclosure of personal data in the United States. The Client's ongoing use of the Website and the transfer of data to the United States signify the Client's explicit consent to such transfer and processing of data in the United States. Westernox does not knowingly collect or solicit information from individuals under the age of 18. In compliance with the United States' Children's Online Privacy Protection Act, upon receiving actual notice that an individual under the age of 13 has provided personally identifiable information to Westernox without parental consent, Westernox shall promptly delete that information.

 

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8. Returns and Refunds

 

Westernox retains the right to decline refunds at its sole discretion, without prior notice or liability to the Client. Refund requests are evaluated on a case-by-case basis. In the event that a refund is requested within the initial month of service, all materials generated by Westernox remain the property of the company and may not be utilized by the Client in any capacity. If a refund is deemed warranted, a 25% fee will be applied to the remaining billable period. Westernox maintains the right to pursue appropriate legal action against the Client for violation of this provision.

 

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9. Modification

 

Westernox retains the right to change, adjust, modify, amend, or remove any aspect or content of the Website at its sole discretion, for any reason. Westernox also reserves the right to alter or cease operation of the entire Website or any portion thereof, without prior notice and without assuming liability towards the Client.

 

 

10. Connection Interruptions

 

Westernox cannot guarantee or warrant uninterrupted availability and accessibility of the Website. Issues such as hardware or software malfunctions may lead to interruptions, delays, or errors beyond Westernox's control. The Client acknowledges that Westernox bears no responsibility for any loss, damage, or inconvenience resulting from the Client's inability to access or utilize the Website or its services during any such interruptions in connection or service.

 

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11. Governing Law

 

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

 

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12. Litigation

 

Any legal proceedings, regardless of nature, shall be initiated in the state courts of Santa Clara County, California, or in the United States District Court for the District of California. Both parties consent to the jurisdiction of these courts, waiving any defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to these Terms of Use.

 

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13. Disclaimer

 

The Website is provided on an as-is, as-available basis, and the Client acknowledges that their use of the Website and Services is at their sole risk. Westernox disclaims all warranties, whether express or implied, related to the Website and the Client's use of it, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Westernox does not make any warranties or representations about the accuracy or completeness of the Website, its content, or linked websites. Westernox assumes no liability for errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access to secure servers, interruption of transmission, bugs, viruses, or any loss or damage incurred due to the use of content on the Website. Westernox does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website or linked websites.

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14. Limitations of Liability and Indemnification

 

Westernox, along with its directors, employees, members, independent contractors, or agents, shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold harmless Westernox, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) the use of the Website; (2) a breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. However, Westernox reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client is required to indemnify Westernox herein. The Client agrees to cooperate with the defense of such claims.

 

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15. User Data

 

The Client bears full responsibility for all data transmitted to or associated with any activity undertaken using the Website. Westernox assumes no liability to the Client for any loss or corruption of such data, and the Client hereby relinquishes any claims against Westernox arising from such loss or corruption.

 

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16. Electronic communications, transactions and signatures

 

The Client hereby provides consent to receive electronic communications from Westernox and acknowledges that all agreements, notices, disclosures, and other communications sent via Trello, email, or through the Website fulfill any legal requirement for written communication. The Client also agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by Westernox or through the Website. Additionally, the Client waives any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature or non-electronic records delivery or retention, or mandate payments or credits by means other than electronic.

 

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17. Featuring Work

 

Westernox retains the right to showcase design work on digital platforms such as social media and its website unless otherwise stipulated. However, the Client may choose to enforce a Non-Disclosure Agreement (NDA) between them and Westernox, which would negate Westernox's right to publicly share or discuss the Client's work.

 

 

18. Miscellaneous

 

These Terms of Use, along with any policies published on the Website or related to it, constitute the complete agreement and understanding between the Client and Westernox. Failure by Westernox to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. If any provision or portion of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to establish a joint venture, partnership, employment, or agency relationship between Client and Westernox.

 

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19. Contact Information

 

For inquiries or concerns about the Website, please reach out to Westernox at: info@westernox.com.

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