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Your use of the WHE Inc websites (TERMPRO.COM, DBDRAGRACING.COM, DBDRAGRACING.ORG, DBDRAGRACING.NET, WAYNEHARRIS.COM, DBTV.COM, SOUNDOFFTV.COM, CELISE.COM) collectively referred to as Wayne's World, is governed by the policies, terms and conditions set forth below.
Please read them carefully. By using this site or submitting an order for software or other products or services to WHE Inc, you indicate your acceptance of, and agree to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, please do not use this site and do not submit any orders for software, products or services on this site. This Agreement shall supercede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by either WHE Inc. Wayne Harris Enterprises reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
Copyright and Trademark Notice
All screens appearing on this site,
including graphics, text elements, site design, logos, images, and
icons, as well as the selection, assembly and arrangement thereof,
are the sole property of WHE Inc, Copyright © 1996,
1997, 1998, 1999, 2000, unless otherwise specified. All
rights not expressly granted herein are reserved. Except as
otherwise required by applicable law, any reproduction,
distribution, modification, retransmission or publication of any
copyrighted material is strictly prohibited without the express
written consent of the copyright owner.
Software Ordered Through Wayne's World
The software products available for
order through Wayne's World (the "Software")
are distributed on behalf of WHE Inc which owns or has
the rights to provide the software to you. The Software that you
order through Wayne's World is subject to the
terms and conditions of the end user license agreement accompanying
such Software (the "End User License") between you and Wayne Harris
Enterprises. All maintenance,
update, warranty, liability and any other obligations related to the
Software ("Software Obligations"), if any, shall be as provided for
in the End User License, or, if applicable, in accordance with
WHE Inc's policies and procedures.
All recourse and remedy, if any, for the Software Obligations shall
be with WHE Inc in accordance with the End User
License, or, if applicable, its policies and procedures.
Site Content and Information
The Wayne's World web site
contains information, advice, text and other materials that are
provided for your convenience and enjoyment. You should be aware
that the information may contain errors, omissions, inaccuracies or
outdated information. WHE Inc makes no
representations or warranties as to the completeness, accuracy,
adequacy, currency or reliability of any information and shall not
be liable for any lack of the foregoing. Descriptions of, or
references to, products or publications within the Wayne's World
web site does not imply endorsement of that product or
publication. WHE Inc is not engaged
in rendering legal, accounting, or other similar advice or
professional services. If legal advice or other expert assistance is
required, the services of a competent professional should be
sought.
Linking to Wayne's World Web Site
WHE Inc permits anyone to
link to the Wayne's World web site subject to the
linker's compliance with the following terms and conditions: A site
that links to Wayne's World web site:
Third-Party Web Sites
The Wayne's World web site provides
links to third-party web sites, which are not under the control of
WHE Inc. Wayne Harris
Enterprises does not make any representations about
third-party web sites. When you access the Wayne's World web site,
you do so at your own risk. Wayne Harris
Enterprises is not responsible for the reliability of
any data, opinions, advice, or statements made on third-party sites.
WHE Inc provides these links merely as a
convenience. The inclusion of such links does not imply that
WHE Inc endorses, recommends, or accepts
any responsibility for the content of such sites.
Disclaimer and Limitation of Liability
WHE Inc MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE, THE INFORMATION,
OTHER PRODUCTS, SERVICES OR MATERIALS OFFERED, SOLD OR DISPLAYED ON
WAYNE'S WORLD OR YOUR USE OF THE WAYNE'S WORLD SITE GENERALLY. TO THE FULL
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHE Inc EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH
RESPECT TO THE SOFTWARE, INFORMATION, OTHER PRODUCTS, SERVICES OR
MATERIALS OFFERED, SOLD OR DISPLAYED ON THE WAYNE'S WORLD SITE OR YOUR USE OF THE WAYNE'S WORLD
SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT
OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW
IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT, EXCEPT AS PROVIDED
UNDER WHE Inc RETURN POLICY, WHE Inc,
THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("SERVICE PROVIDERS")
SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
SOFTWARE, ANY SOFTWARE OBLIGATIONS OR ANY ACTION OR INACTION OF ANY
PUBLISHERS OF THE SOFTWARE, REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL WHE Inc
OR ANY OF THEIR SERVICE PROVIDERS BE LIABLE
TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS,
LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION , OR INTERRUPTION OF BUSINESS),
REGARDLESS OF WHETHER WHE Inc OR ANY OF
THEIR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE,
THE MAXIMUM LIABILITY OF WHE Inc AND THEIR
SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES
PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT
SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
United States Government Restricted Rights Legend
Use, duplication, or
disclosure by the United States Government is subject to the
restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR
52.227-19.
Order Acceptance Policy
Your receipt of an electronic or other form
of order confirmation does not signify WHE Inc acceptance
of your order, nor does it constitute
confirmation of our offer to sell. WHE Inc reserves
the right at any time after receipt of your
order to accept, decline or limit your order for any reason, whether
or not your credit card has been charged. If you credit card has
been charged and your order is cancelled you will receive a prompt
refund credit to your account. WHE Inc reserves
the right at any time after receipt of your order, without
prior notice to you, to supply less than the quantity you ordered of
any item. We may require additional
verifications or information before accepting any order.
Price and availability of Software and other products and services offered on
Wayne's World are subject to change
without prior notice. To the extent we provide information on
availability of Software or other products, you should not rely on
such information. WHE Inc will not
be liable for any lack of availability of Software or other products
you may order through Wayne's World.
Year 2000 Disclaimer
WHE Inc MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY
KIND WITH RESPECT TO YEAR 2000 COMPLIANCE OR COMPATIBILITY OF
SOFTWARE OR OTHER PRODUCTS SOLD ON THE WAYNE'S WORLD SITE.
WHE Inc EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH
RESPECT TO YEAR 2000 COMPLIANCE OR COMPATIBILITY OF SOFTWARE OR
OTHER PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL WHE Inc OR ANY OF THEIR SERVICE
PROVIDERS BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR
PUNITIVE DAMAGES RELATING TO THE YEAR 2000 COMPLIANCE OR
COMPATIBILITY OF SOFTWARE OR OTHER PRODUCTS SOLD.
Miscellaneous
This Agreement and any
applicable policies and procedures of WHE Inc,
together with those documents, policies and procedures
expressly referred to herein, constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreement between the parties with
respect to such subject matter. This Agreement shall be construed in
accordance with and governed by the internal laws of the State of
Arizona without giving effect to
any choice of law rule that would cause the application of the laws
of any jurisdiction other than the internal laws of the State of
Arizona to the rights and duties of the parties. No waiver by
either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. You
may not assign, transfer or delegate this Agreement or any part of
it without WHE Inc prior written
consent. WHE Inc may freely transfer,
assign or delegate all or any part of this Agreement, and any rights
and duties thereunder, without the requirement of consent. This
Agreement will be binding upon and inure to the benefit of the
heirs, successor and permitted assigns of the parties.
This page, and all contents, are Copyright © 1998 by WHE Inc, Carson City Nevada, USA.