Last Revised: November 12, 2008.

2.  DEFINITIONS that apply throughout these Terms of Use:

"This Site" refers to the web site www.abcsoftesting.com, and to all matters associated with the site, including but not limited to downloadable materials, hyperlinks, scripts, codes, popups, activities on the site and email and other communications. For the purposes of these terms, "This Site" also refers to W&W Works (business name), and to any other W&W Works web sites.

"Visitors" refers to any person or entity that, by any cause or for any reason, visits, views, uses or interacts with This Site, including but not limited to subscribing to any communication with This Site in any form, or entering into any kind of transaction with This Site. "Visitors" may be used interchangeably with "you" in these Terms.

"Indemnified Parties" refers to This Site, and its employees, agents, service providers, content providers, licensors, licensees, subsidiaries, affiliates, and contractors.

"Terms" refers to this Terms of Use, in its entirety, including the Privacy Policy.

"Personal Information" refers to information that identifies a particular individual, including, but not limited to, name, address, phone number, email address, confidential and financial information, or information that could allow another party to represent themselves as that individual. It does not refer to non-personal data, general information, ideas, opinions, and the like.

3. N0 CHILDREN OR OTHER RESTRICTED INDIVIDUALS

3.1  YOU SHALL NOT ACCESS OR USE THIS SITE IF YOU ARE UNDER THE AGE OF 18 (EIGHTEEN) YEARS, PROHIBITED FROM ACCESSING THIS SITE BY ANY LAW OR COURT ORDER, OR INCOMPETENT. 

Although This Site does not provide content or material that is not appropriate for children, This Site is not actively monitored for use by children.

4. USE THIS SITE AT YOUR OWN RISK.

5. DISCLAIMER & LIMITATION OF LIABILITY

5.1  You understand and acknowledge that This Site, in its entirety, without limitation, is presented on an "AS IS, AS AVAILABLE" basis without warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, Title, or non-infringement. This Site makes no representations and disclaims all warranties as to the accuracy, quality, reliability, timeliness, availability, or completeness of the information, content, software, or any other thing available on This Site, or through it, and you should not rely on them. This Site does not warrant that anything on This Site will be uninterrupted or error-free, that defects will be corrected, or that This Site or any server that makes any part of it available are free of viruses or other harmful components.

5.2  In accessing or using This Site in any manner, you release and exclude This Site, the Indemnified Parties, and anyone else assists in creating or delivering This Site from any liability whatsoever for any and all losses, expenses or damages, without limitation, that you may suffer. This includes any actual, direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages that may arise out of your access to or use of This Site, even if known to This Site, whether during your visit or at any time after your visit. 

5.5  Without limiting Section 5.1 and 5.2, content, information, services, links, or any other thing appearing on Site that is provided by third parties, including advertising materials, are presented on an "AS IS, AS AVAILABLE" basis. You agree that This Site has no responsibility or liability for experiences that you may have with third party materials appearing directly or indirectly on This Site. You agree to assume full responsibility for accessing or using such third party materials.

5.8  If any of the above provisions are void under governing law, This Site's liability will be limited to the full extent permitted by law.

5.9  In no event will the collective liability of This Site and the Indemnified Parties to any party exceed the greater of $100 or the amount you have paid to this site for the applicable content, product, or service out of which the liability arose.

6.  INDEMNITY

6.1  You agree to indemnify and hold the Indemnified Parties harmless from any breach of these Terms by you, including any unauthorized access or use of This Site or of any thing found on or through This Site. You agree that Indemnified Parties will have no liability in such cases. You agree to indemnify the Indemnified Parties against any and all resulting loss, claims, demands, damages, awards, judgments, costs, expenses, and legal fees of the Indemnified Parties related to your access to, use of, or conduct on This Site.

6.2  You agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties that may arise out of your use of This Site, content, information, or any other matter or thing accessed from This Site. 

7. ACCEPTABLE AND RESTRICTED USE

7.1  You are permitted to browse, view, download materials, and participate in activities on or associated with This Site, subject to these Terms, and the specific restrictions in this section 7 and elsewhere in these Terms, and to any additional terms or conditions associated with the specific material or item in question.

7.2  Any and all information you provide to This Site must be correct, current, and complete.

7.3  You may create hypertext links to any publicly available area of This Site that does not specifically disallow such linking, provided that such hyperlinks do not portray This Site in a false, misleading, or defamatory way, and do not otherwise violate these Terms in any manner. This permission is non-exclusive and revocable without notice.

7.4  You shall not link to This Site in any way that an average user would be reasonably likely to believe that you or another party has the right to display, publish, or distribute any part of This Site or its content, including but not limited to framing and co-branding.

7.5  In using This Site, you must not infringe any intellectual property right or other right of This Site or of any other party.

8. COPYRIGHT & PROPRIETARY MATERIALS

8.1  All trademarks, proprietary marks, and all copyright materials, in any form, belonging to other parties remains the property of their respective holders. This Site uses such materials only by permission.

8.2  Everything else on This Site is Copyright 2008 by W&W Works and Wendy Maki. All Rights Are Reserved.

8.3  You may save or print out materials from This Site that are Copyright by W&W Works and Wendy Maki for your own personal reference use, unless indicated otherwise. If you do so, you must not remove or alter any copyright marks, trademarks, or other indicators of ownership.

8.4  Where the copyright or proprietary rights for materials or content available on or through This Site is held by other parties, you MUST get the permission of those other copyright holders to save, print, otherwise use material that belongs to them.

8.5  In accessing or using This Site, no intellectual property or other rights are transferred to you.

8.6  You are not permitted to reproduce any material on This Site, in whole or in part, for purposes of redistribution in any form, whether for profit or not, unless permission is explicitly granted for the specific material, and then only in the manner provided for by the permission statement.

8.7  You are not permitted to represent any materials belonging to Wendy Maki or W&W Works as belonging to or originating from any other source or person, as being in the public domain, or as from any unidentified or anonymous source.

9. SUBMISSIONS

9.1  You understand and acknowledge that any submission that you communicate or otherwise make to This Site becomes the property of This Site. Submissions include any matter submitted to This Site in any form, media, or technology, existing now or developed later, including but not limited to ideas, suggestions, feedback, remarks, information, content, and images.

9.2  By making submissions to This Site, you assert that you have the intellectual property or other rights to make the submissions. You may not submit any matter in violation of any other party's intellectual or property rights. 

9.3  By making submissions to This Site, you grant This Site world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to publish, modify, and use such submissions and their content in any manner whatsoever without restriction, without liability, and without consideration of any kind.

10.1  By accessing or using This Site, or making any submission to This Site, you agree to the Privacy Policy contained in this Section 10, "Privacy Policy."

10.2  This Privacy Policy is subject to the exceptions found in Section 12 "Notwithstanding & Reservation Of Rights."

10.3 This Site only collects Personal Information that a Visitor submits to it by an affirmative action. Visitors may voluntarily submit Personal Information during the course of business transactions (such as orders), email communications (including email subscriptions), or any other method that may develop. The Personal Information collected will be appropriate for the purpose.

If you suspect that Personal Information about you has been submitted by someone else, please contact This Site with specific details.

10.4  This Site does not knowingly collect Personal Information from minors or children. If This Site discovers it has information from or about children under 13 (thirteen) years of age, except as permitted by law, it will be removed in a timely manner. If you have reason to believe that information about a child has been submitted to This Site, please contact This Site.

10.5  All Personal Information you submit to This Site will be used only for the specific purpose you submitted it for, and for the associated record-keeping and/or legal requirements related to that purpose. That purpose may be expressed specifically or implied by the activity itself.

This Site does not rent, sell, lend, or share Personal Information. This includes but is not limited to email addresses.

Example 1: If you submit your email address and name to receive regular emails from This Site, such as a newsletter, then that will be all that information will be used for. It will also be retained as proof of your request and permission for such email communication. That information will not be given, sold, or rented to anyone else.

Example 2: If This Site offers any thing for sale, you may need to submit your address for delivery of that product. Your address will not be sold, or rented to any mailing list, or used in any way other than to send you the product, provide customer support, or other standard customer communications. Such customer information will be retained as a normal part of business records.

10.6  You will asked for permission to use your Personal Information for any other purpose than that which it was submitted for, subject to the exceptions in Section 13 "Notwithstanding & Reservation Of Rights" where permission to use Personal Information may not be sought, nor any notice given.

10.7  By submitting Personal Information, you indicate that you understand that any security measures to protect Personal Information are not foolproof, and so release This Site and the Indemnified Parties from any and all liability for losses or damages that may result from any breach of any security measure or illegal access to your Personal Information, whether known or unknown to This Site, or through accident or negligence.

10.8  This Site may also use service providers, such as payment processors, that may collect Personal Information during the course of providing their service. Such companies are responsible for their information collection practices and privacy policies. Some or all of such Personal Information may be provided to This Site during the course of providing the service in question. Any Personal Information given to This Site in this manner will be subject to this Privacy Policy, however such service providers will remain responsible for their own privacy practices and policies.

10.9  Personal Information associated with orders, business transactions, and email permissions will be retained. This Site retains past invoices and payment records for This Site's records and for protection against fraud and lawsuits. Personal information, submitted by anyone, may be retained, at This Site's sole discretion, for purposes of This Site's legal protection, and for any duration it may be required.

10.10  Personal Information provided to This Site will generally be stored on W&W Works premises, and is not accessible to third parties. In some cases, Personal Information may also be stored in secure third-party databases specifically related to the purpose the Personal Information was provided for.

Example: Email addresses and names submitted to an email newsletter may be stored in a secure database provided as a necessary part of the third-party service which automates the delivery and management of the newsletter. Such a database is not accessible to any other parties.

Example: Customer and Order records may be stored in secure customer databases designed for that purpose.

10.11  This Privacy Policy applies only to Personal Information that you submit directly to This Site. This Site is not responsible for the privacy practices of others.

10.12  Collection of Non-Personal Information: Cookies & Similar Devices

This Site does not collect Personal Information from Visitors who simply browse and view material. This Site collects standard traffic and visitor data, as do most web sites and web servers, that contains no Personal Information. Such generic information is likely to be collected automatically and through the use of electronic tools that may not be visible to Visitors.

This Site uses cookies, and similar devices such as logging and tracking links, for a variety of purposes. As This Site adopts additional technology, information may be gathered by other means. Such devices can improve Visitor experience of a web site by allowing the Visitor's computer to 'remember' preferences. They can provide aggregated, non-identifying statistics to understand and evaluate Visitor behavior and preferences. They can also be used to provide information concerning what specific hyperlink was used to arrive at a particular destination. None of these kinds of uses involves Personal Information.

You should assume that third parties who appear on This Site, as content providers, advertisers, or hyperlinks also use cookies, or similar devices, to collect non-personal information. This Site does not control the technology, collection, or use of information by such third parties. 

10.14  What to do if you have a privacy concern.

If you have concerns or questions, please email the address below. In your email, please outline the nature of your concern.

If you are concerned about or would like to update your own Personal Information, it is important to provide details that will assist in identifying the information, if This Site has it. Such details may be an exact email address, name, approximate or specific date, or other details.

Privacy Contact Email Address:

You may also use the postal address or telephone number provided on the Contact Page.

This Site does NOT give out specific Personal Information in response to such inquiries. This Site will only provide information on the type of information which may be held. This is to protect you, as it is difficult to determine the true identity of someone requesting such information.

11.  NOTWITHSTANDING & RESERVATION OF RIGHTS

11.1  Notwithstanding any other part of these Terms, including the Privacy Policy, Personal Information may be used in the normal course of site administration, troubleshooting, processing of transactions, and communications with you. Likewise, certain third parties who provide technical support for the operations of This Site (such as the web hosting service, server administrators, database administrators) may be able to access such information. Personal Information will only be used as permitted by law.

11.2  Notwithstanding any other part of these Terms, including the Privacy Policy, This Site reserves the right to cooperate fully with any law enforcement authority, court order, or at other times when This Site believes that it is reasonably required to do so by law, including disclosing Personal Information as may be required.

11.3  This Site reserves the right to release Personal Information to system administrators and appropriate service providers at other sites in order to assist them in investigating, and resolving security violations and incidents, and fraudulent or illegal activity.

11.4  Notwithstanding any other part of these Terms, including the Privacy Policy, This Site reserves the right to use Personal Information in lawsuits against violators and/or to protect This Site, or its Idemnified Parties, from lawsuits, or to collect amounts owed to This Site.

11.5  This Site reserves the right to investigate suspected or actual violations of these Terms. In particular, This Site reserves the right to collect additional Personal Information, without notice, during or after attempts to bypass, hack, or otherwise breach security, or in regards to illegal or damaging acts, and to locate violators of these Terms.

11.6  This Site is not obligated to provide notice of the use of or disclosure of Personal Information in such cases as covered by this section 11.

11.7  This Site reserves the right to refuse, suspend, terminate, or block access to This Site or any of its resources, at any time, without notice, for any breach of these Terms, suspected or actual, at its sole discretion.  This Site also reserves the right to block emails or other communications that it deems to be SPAM, fraudulent, or otherwise in violation of these Terms.

11.8  Notwithstanding any other part of these Terms, including the Privacy Policy, if during the course of conducting business, This Site is bought, sold, merged, or partnered with other companies or businesses, Personal Information may be among the assets transferred.

11.9  By accessing or using This Site, you agree to hold harmless This Site and the Indemnified Parties from any claims resulting from any action taken by This Site in relation to this section 11 of the Terms, or during or as a result of investigations by This Site, the Indemnified Parties, or law enforcement authorities.

12. GOVERNING LAW & LEGAL JURISDICTION

12.1  This Site is owned and operated by W&W Works and Wendy Maki, located in the municipality of Guelph, Ontario, Canada.

12.2  You agree and consent that the exclusive governing legal jurisdiction of This Site, these Terms, and your access to and use of This Site is the province of Ontario, Canada, without regard to principles of conflict of laws.

12.3  You also agree and consent that the personal and exclusive jurisdiction and venue for any claim or dispute, or for any legal action arising out of these Terms or your access to or use of This Site, whether against or by This Site or any of its Indemnified Parties will be the Provincial or Federal Courts located in Guelph, Ontario, Canada.

12.4  You agree and consent that the official language of This Site is English, and that any dispute or legal action shall be conducted in English.

13.  MISCELLANEOUS

13.1  If any part of the Terms is declared invalid or unenforceable by a court of competent jurisdiction, this shall not invalidate any remaining part.

13.2  Section titles, formatting, and look-and-feel of these Terms are for convenience only and do not have any substantive effect.

13.3  Any failure by This Site to enforce any right under these Terms will not waive that right or any other right.

13.4  Any minor error or defect in these Terms will not be of consequence, nor have any effect on the enforceability of these Terms.

13.5  Additional terms and/or conditions that may appear elsewhere on This Site will govern the items to which they pertain, and they will have the same force as if they were included in these Terms.

www.abcsoftesting.com
W&W Works, Ontario, Canada.
November 12, 2008.

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