Willenfield Literary Agency Website Terms of Use

Effective June 5, 2019

Overview

These Terms and Conditions of Use (the “Terms of Use”) apply to the Website located at www.willenfield.com and all the pages contained within it, however the Website is accessed and/or used, whether via personal computers, mobile devices, or otherwise, and other interactive features, applications (including mobile applications), or downloads.

This Website, which provides information and other materials, is provided to you by the entity known as Willenfield Literary Agency, Inc. (hereinafter referred to as “Willenfield Literary” and in these Terms of Use as “we”, “us”, or “our”) subject to your compliance with these Terms of Use. By accessing our Website and/or using our services, you agree to be bound by, and comply with, our Terms of Use without limitation or qualification and represent that you understand and can agree to them. You acquire absolutely no rights or licenses to the Website or the content other than the limited right to use them in accordance with these Terms of Use. You agree that you will not use the Website for any purpose that is unlawful.

By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

Intellectual Property

All rights reserved. No part of this Website or the content thereof may be copied, reproduced, modified, translated, distributed, sold, published, broadcast, transferred, retransmitted or circulated in any form without the prior written consent of Willenfield Literary, except to the extent that such use is for your personal, non-commercial use.

Except where otherwise noted, all designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, trademarks, trade names, and products displayed on the Website are owned by Willenfield Literary and are protected by copyright, trade-mark, and other intellectual property laws and treaty provision laws. You acknowledge that these rights are valid, and that your use of the content and the Website will be governed by applicable copyright, trademark, and other intellectual property laws.

Disclaimer and Limitation of Liability

The content and services offered on this Website are for informational purposes only and are not intended to address your individual requirements. The information on the Website should not be construed as professional advice or opinion.

Willenfield Literary has made reasonable efforts to ensure that the information provided on this Website is accurate at the time of inclusion. The Website and the content are provided “as is” and Willenfield Literary makes no representations, warranties (express or implied), guarantees or assurances of any kind as to the accuracy, currency or completeness of the information provided. Your use of this Website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this Website, even if we knew, or should have known, of the possibility of such damages.

You should seek appropriate professional advice on your own particular matter and should not rely on information contained on the Website without seeking such advice. Willenfield Literary shall not be liable to you or any third parties for any damages or injury resulting from access to, or inability to access, the Website, or from any reliance on the content.

You agree that to the fullest extent permitted by law, in no event shall Willenfield Literary or its owners, employees or agents be liable for any damages or injury based on claims arising out of or in any way connected with the use of the Website, whether such damages are direct, indirect, punitive, incidental, special or consequential, including damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to or alteration of, the Website, or the content, even if Willenfield Literary has been advised of the possibility of such damages or injury or ought to have known of the possibility of such damages or injury. Without limiting the foregoing, we do not warrant that this Website will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

The above disclaimers and limitations of liability shall be applicable not only to us but also to Willenfield Literary personnel.

The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.

Third Party Websites

This Website may include links or references to other websites maintained by third parties. Willenfield Literary makes no representations, warranties or assurances as to any information in such websites and has no responsibility for their content, accuracy, currency or completeness and shall not be liable for any damages or injury arising from that content, accuracy, currency or completeness. Any links to other websites are provided merely as a convenience to the users of this Website.

Modification

Willenfield Literary reserves the right to modify or amend the content of this Website at any time and without notice. Willenfield Literary also reserves the right to change these Terms of Use at any time and your continued access to or use of the Website after such changes indicates your acceptance of these Terms of Use as modified. It is your responsibility to review these Terms of Use regularly. Any changes to these Terms of Use will be posted on this page.

Governing Laws

This Website is created and controlled by Willenfield Literary in the Province of Ontario, unless otherwise noted. These disclaimers, terms, and conditions of use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of the Website or the content by you, notwithstanding any conflicts of laws, your domicile, residency or physical location. This Website and the content are intended for use only in jurisdictions where they may lawfully be provided for use.

By using any part of this Website, you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Willenfield Literary’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Further Information

If you have any questions about these Terms of Use, please contact us at info@willenfield.com.