These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services’ is not permitted. Infringements may be subject to legal action.
Your use of the Websites constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of your use of the Websites, You represent and warrant to Wilshire and Cooper that you will not use the Websites for any purpose that is unlawful or prohibited by these terms and conditions. If you do not agree and accept these terms and conditions, your use of the Websites is prohibited. Other than this Agreement, Wilshire and Cooper will not enter into any Agreement with You or have any obligation to you through the Websites and no attempt to create such an Agreement will be effective.
BY ACCESSING, BROWSING OR USING THE WEBSITES, YOU ACKNOWLEDGE THAT:
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITES, AND, MOREOVER, Wilshire and Cooper DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.
You agree by accessing, browsing or otherwise using the Websites, the Websites and the Content are and remain the sole property of Wilshire and Cooper or third-party providers, as applicable. Except as expressly permitted by Wilshire and Cooper in writing, You agree that Your license to access, browse and/or use the Websites and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Websites and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content.
You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with registration) to Wilshire and Cooper through the Websites (individually and collectively, “Submissions”), You (i) grant Wilshire and Cooper a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Wilshire and Cooper the right to pursue at law any person or entity that violates Your and/or Wilshire and Cooper’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information.
With respect to Your Submissions, You acknowledge, warrant and agree that:
- Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relates to and that You are not impersonating any other person;
- You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
- Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.
“Wilshire and Cooper” are trade names and trademarks (individually and collectively, the “the Wilshire and Cooper Trademarks”) owned by Wilshire and Cooper. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Websites are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Wilshire and Cooper or their respective owners.
USE OF THE WEBSITES
Without limiting anything else contained in this Agreement, You agree and acknowledge that:
You will not, directly or indirectly:
- Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
- Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
- Use the Content, Submissions, Databases and any other information contained therein in violation of any applicable laws or regulations,
- Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
- Attempt to access or access any other user’s account;
- Attempt to obtain or ascertain or obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
- Attempt to elude or elude the Websites’ security systems;
- Attempt to gain access or gain access to the Websites in a fraudulent manner;
- Use the Websites for any purposes other than those intended by Wilshire and Cooper, as determined by Wilshire and Cooper in its sole discretion; or
- Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Wilshire and Cooper and that in such event money damages will not constitute sufficient compensation to Wilshire and Cooper; consequently, in the event that You, directly or indirectly, misappropriate or misuse of the Content, Submissions and any other information contained therein, You specifically consent to Wilshire and Cooper obtaining injunctive relief against You in addition to any other legal or financial remedies to which Wilshire and Cooper may be entitled.
NOTICE OF ENFORCEMENT
Wilshire and Cooper vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Wilshire and Cooper will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
REGISTRATION AND ACCOUNT CREATION
Wilshire and Cooper may at times require that You register and/or set up an account to use certain portions of the Websites, or the Websites as a whole. In order to do so, You may be provided, or required to choose, a password, user ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration profile on the Service.
USE OF USER ID/PASSWORD
If You register and/or set up an account on the Websites, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Websites, and You are responsible for all use by You and those You allow to use the Websites. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without authorization.
There may be circumstances where access to the Websites is provided by a hypertext link located at another website. Wilshire and Cooper has no responsibility for the content of such other website, Wilshire and Cooper does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Wilshire and Cooper shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Wilshire and Cooper does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Websites. Unless approved in writing in advance by Wilshire and Cooper, You agree not to: (i) provide or create a link to the Websites; or (ii) create any frames at any other sites pertaining to any of the Content located at the Websites. You also agree not to post any materials at the Websites without the express written permission of Wilshire and Cooper.
TERM AND TERMINATION
You may terminate this Agreement at any time by destroying: (a) all of the Content obtained from the Websites, including, without limitation, permanently deleting all of the Content You have copied or stored on any computer and any media; and (b) all related documentation. In addition, and upon Wilshire and Cooper’s request, You agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of this Agreement which by their nature are intended to survive and will survive the termination or expiration of this Agreement for any reason.
Any notice or other document or communication required or permitted hereunder to Wilshire and Cooper will be deemed to have been duly given only if in writing and delivered by any of the following methods:
- Certified Traceable mail, return receipt requested, postage prepaid, to Wilshire and Cooper
- Email sent to [email protected]
Notices to Wilshire and Cooper shall be deemed delivered when actually received by Wilshire and Cooper.
Any notice or other document or communication from Wilshire and Cooper required or permitted hereunder will be sent to the e-mail address that you provide when you register with the Websites. Such notice will be deemed received by you the business day after the e-mail is sent.
Should you elect to send or receive e-mail communications of any kind to or from Wilshire and Cooper, You represent and warrant to Wilshire and Cooper that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.