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Revised as of December 4, 2015
PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Welcome to www.wolfpackit.com (the “Website”). GBL Systems Corporation ("Company," "we," “us” or "our") provides access to the Website, and its services offered on the Website, to you subject to the following terms of use (“Terms”). The services offered by Company include the Website and any other features, content, functionality or applications offered from time to time by Company in connection with the use of the Website (collectively, the "Company Services"). If you are unable to download or print a copy of these Terms, you may receive a copy by emailing us at: [email protected] (mailto:info@ wolfpackit.com). You may also be subject to specific additional terms of use applicable to the Company Services which may be documented in other agreements between you and the Company and other Users regarding specific activities in which you choose to participate; in such case, those additional terms are deemed incorporated into these Terms. These Terms include Company's policy for acceptable use of the Company Services and content posted on the Website, as well as your rights, obligations and restrictions regarding your use of the Company Services. In addition, please review our Privacy Policy (https://wolfpackit.com/home/privacy_policy) which also governs your use of the Website, explains our privacy practices and is incorporated herein by this reference.
WolfPack provides a collection of online assets, including professional listings, posts, offers, and system messages and notes (alluded to from this point forward as "the Service") subject to the accompanying Terms of Use ("TOU"). By utilizing the Service as a part of any way, you are consenting to agree to the TOU. Furthermore, when utilizing specific WolfPack administrations, you consent to maintain any relevant posted rules for all WolfPack administrations, which may change every now and then. Should you protest any term or state of the TOU, any rules, or any resulting adjustments thereto or get to be disappointed with WolfPack in any capacity, your just plan of action is to promptly stop utilization of WolfPack. WolfPack has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
We reserve the privilege, at our sole discretion, to change, adjust or generally modify these terms of use whenever we may deem necessary. Such amendments will become effective upon the posting thereof. You must reference this agreement frequently to keep yourself advised of any new modifications. The most recent TOU can be located at: https://wolfpackit.com/terms-of-use
You comprehend that all postings, messages, content, documents, pictures, photographs, videos, sounds, or custom material ("Content") posted on, transmitted through, or connected from the Service, are the sole obligation of the individual from whom such Content was originated. More specifically, you are altogether in charge of every individual post, response, note, message, or other thing ("Item") of Content that you post, email or generally make accessible by means of the Service. You comprehend that WolfPack does not control, and is not in charge of Content made accessible through the Service, and that by utilizing the Service, you may be presented to Content that is hostile, inappropriate, incorrect, deluding, or generally offensive. Besides, the WolfPack webpage and Content accessible through the Service may contain connections to different sites, which are totally independent of WolfPack. WolfPack makes no representation or guarantee as to the accuracy or validity of the data contained in any such site. As such, connecting to other websites is at your own personal discretion. You must understand that proper assessment is required in such matters, and you therefore assume all risks connected with the utilization of any Content. You must not depend on such Content, and understand that by no means will WolfPack be held responsibility in any capacity for any Content or for any misfortune or harm of any sort brought about as a consequence of the utilization of any Content posted, messaged or generally made accessible by means of the Service. You also must understand that WolfPack does not pre-screen or affirm Content, but rather that WolfPack has the privilege (yet not the commitment) at its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
The WolfPack website and Content accessible through the Service may contain elements and functionalities that may connect you or furnish you with access to unknown material which is entirely independent of WolfPack, including sites, registries, servers, systems, frameworks, data and databases, applications, programming, projects, articles, organizations, and the Internet in general.
Your communications with associations and/or people found on or through the Service, including installment and conveyance of merchandise or benefits, and some other terms, conditions, guarantees or representations connected with such dealings, are exclusively between you and such associations and/or people. You ought to make whatever investigation you feel fundamentally necessary or appropriate before continuing with any online or offline communication with any of these outside Parties. You also must accept that WolfPack should not be liable or at be risk for any misfortune or harm of any kind caused as the consequence of any such dealings. In the event that there is a question between members on this site, or in the between you and any outsider, it is understood that WolfPack is under no commitment for inclusion. If you have a question with one or more different clients, you thusly discharge WolfPack, its officers, workers, operators and successors in rights from cases, requests and harms (actual or assumed) of any nature, known or obscure, suspected or unsuspected, unveiled or undisclosed, emerging out of or in any capacity identified with such debate and/or our conflict. In the event that you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify WolfPack's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at [email protected].
Please provide our Agent with the following Notice:
a. Identify the material on the WolfPack site that you claim is infringing, with enough detail so that we may locate it on
the website;
b. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that
owner;
d. Your address, telephone number, and email address; and
e. Your physical or electronic signature.
WolfPack will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
WolfPack has constructed a Privacy Policy to disclose to clients how their data is gathered and utilized, which is found
at the accompanying web address: https://wolfpackit.com/home/privacy_policy (https://wolfpackit.com/home/privacy_policy)
Your utilization of the WolfPack site or the Service connotes affirmation of and consent to our Privacy Policy. You further recognize and concur that WolfPack might, at its sole discretion, save or reveal your Content, and additionally your data (for example), email addresses, IP addresses, timestamps, and other client data, if required to do as such by law. On the other hand, the divulgence of requested conservations or user content may become extremely important so we may: consent to lawful procedure; uphold the TOU; react to claims that any Content disregards the privileges of outsider parties, react to accusations that contact data (e.g. telephone number, road location) accessed by an outside party has been posted or transmitted without their consent as a type of provocation; thus ensuring the rights, property, or individual wellbeing of WolfPack, its clients or the overall population.
You agree not to post, email, or otherwise make available Content:
a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is
harmful to minors in any way;
b. that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i)
sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of
the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v)
lascivious exhibition of the genitals or pubic area of any person;
c. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
d. that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a
discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any
advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age,
or disability.
f. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of
the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green
card status) as a condition for employment, unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g. that impersonates any person or entity, including, but not limited to, a WolfPack employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that
constitutes lawful non-deceptive parody of public figures.);
h. that includes personal or identifying information about another person without that person's explicit consent;
i. that is false, deceptive, misleading, deceitful, misinformation, or constitutes "bait and switch";
j. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content
k. that you do not have a right to make available under any law or under contractual or fiduciary relationships;
l. that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
m. that constitutes or contains any form of advertising or solicitation if: posted in areas of the WolfPack sites which
are not designated for such purposes; or emailed to WolfPack users who have not indicated in writing that it is ok to
contact them about other services, products or commercial interests.
n. that includes links to commercial services or web sites, except as allowed in "services";
o. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any
applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A
partial list of prohibited items for sale and prohibited services offered is provided here for your convenience:
p. Obscene material or child pornography
q. Offer or solicitation of illegal prostitution
r. Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade
knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or
stun guns
s. Items issued to United States Armed Forces that have not been disposed of in accordance with
Department of Defense demilitarization policies
t. Fireworks, including but not limited to "safe and sane" fireworks or any destructive devices or explosives
u. Controlled substances or illegal drugs, substances and items used to manufacture controlled substances
and drug paraphernalia
v. Prescription drugs and medical devices, including but not limited to prescription or contact lenses,
defibrillators, hypodermic needles or hearing aids
w. Nonprescription drugs that make false or misleading treatment claims or treatment claims that require
FDA approval
x. Blood, bodily fluids or body parts
y. Household pets of any kind including but not limited to dogs, cats, primates, cage birds, rodents, reptiles,
amphibians, fish. Re-homing with small adoption fee OK
z. Pet animal parts, blood, or fluids - including but not limited to stud/breeding service
aa. Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant
species, or live insects or pests
ab. Pesticides or hazardous substances, or items containing hazardous substances including but not limited
to contaminated toys, or art or craft material containing toxic substances without a warning label
ac. Illegal telecommunications equipment, including but not limited to access cards, password sniffers,
access card programmers and unloopers, or cable descramblers
ad. Stolen property, or property with serial number removed or altered
ae. Burglary tools, including but not limited to lock-picks or motor vehicle master keys
af. False identification cards, items with police insignia, citizenship documents, or birth certificates
ag. Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them
ah. Counterfeit, replica, or knock-off brand name goods
ai. Material that infringes copyright, including but not limited to software or other digital goods you are not
authorized to sell, warez, bootlegs (without consent of the band)
aj. Airline tickets that restrict transfer, and tickets of any kind which you are not authorized to sell
ak. Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell
al. Gambling items, including but not limited to lottery tickets, sports trading card 'grab bags', raffle tickets,
sweepstakes entries or slot machines
am. Used or rebuilt batteries, or batteries containing mercury
an. Used bedding and clothing, unless sanitized in accordance with law
ao. Non-packaged food items or adulterated food
ap. Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying
Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or telecommunications equipment;
aq. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or
ar. that otherwise negatively affects other users' ability to use the Service; or
as. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to
disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
a. "stalk" or otherwise harass anyone;
b. collect personal data about other users for commercial or unlawful purposes;
c. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from
the Service - unless expressly permitted by WolfPack;
d. attempt to gain unauthorized access to WolfPack's computer systems or engage in any activity that disrupts,
diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the
WolfPack website; or
e. use any form of automated device or computer program ("flagging tool") that enables the use of WolfPack's
"flagging system" or other community moderation systems without each flag being manually entered by the
person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of
competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
All Buyers and Suppliers consent to being charged a fixed percentage rate of (X%) for all successful WolfPack transactions, by means of WolfPack's billing system, that will be connected to the credit card associated to that specific users account. Optionally, both Buyers and Suppliers may opt to pay a bi-annual subscription fee in order to avoid being charged on a per transaction basis.
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on WolfPack's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from WolfPack. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from WolfPack.
You understand and agree that sending unsolicited email advertisements to WolfPack email addresses or through WolfPack computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Texas. Any unauthorized use of WolfPack computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be
posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance
with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the
TOU.
You acknowledge that WolfPack may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that WolfPack has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that WolfPack reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that WolfPack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
WolfPack grants you a limited, revocable, nonexclusive license to access the Service for your own use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by WolfPack. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
WolfPack may offer various parts of the Service in RSS format, and reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by WolfPack immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from WolfPack.
You agree that WolfPack, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if WolfPack believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that WolfPack shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of WolfPack. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of WolfPack, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although WolfPack does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to WolfPack an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant WolfPack all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. WolfPack will make every effort to protect your private pricing information, and will not share your pricing in a way that would be attributable to you without your express consent. WolfPack may, from time to time, aggregate pricing information from multiple members on an anonymous basis for analysis.
YOU AGREE THAT USE OF THE WOLFPACK SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WOLFPACK SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WOLFPACK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WOLFPACK SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WOLFPACK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WOLFPACK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WOLFPACK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WOLFPACK DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WOLFPACK SITE OR THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL WOLFPACK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WOLFPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WOLFPACK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WOLFPACK SITE OR THE SERVICE, FROM INABILITY TO USE THE WOLFPACK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WOLFPACK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WOLFPACK SITE OR THE SERVICE OR ANY LINKS ON THE WOLFPACK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WOLFPACK SITE OR THE SERVICE OR ANY LINKS ON THE WOLFPACK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold WolfPack, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and WolfPack and govern your use of the Service, superseding any prior agreements between you and WolfPack. The TOU and the relationship between you and WolfPack shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WolfPack agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, CA. The failure of WolfPack to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU, by emailing to: [email protected] (mailto:[email protected])
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for WolfPack to pursue legal action to enforce these Terms, you will be liable to pay WolfPack the following amounts as liquidated damages, which you accept as reasonable estimates of WolfPack's damages for the specified breaches of these Terms:
a.If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay WolfPack one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b.If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without WolfPack's express written permission, you agree to pay WolfPack three thousand dollars ($3,000) for each day on which you engage in such conduct.
c.Otherwise, you agree to pay WolfPack's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, WolfPack retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
We welcome your questions and comments on this document, by contacting us at [email protected]
(mailto:[email protected]).