UniqueArticleWizard.com and UAWPro.com Web Site Agreement
The UniqueArticleWizard.com and UAWPro.com web Site (the “Site”) is an online information service provided by Allegretto Publishing, and is subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Allegretto Publishing MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Individuals and entities who use the Site or services of the Unique Article Wizard & UAWPro, Niche Dominator or any other service provided by Allegretto Publishing in a way that does, or could degrade our service, harm our reputation, or otherwise violate the letter or spirit of this Agreement, can expect to have their accounts suspended or terminated without notice.
By subscribing to the Site, you represent that you are not, nor are you accessing the site on behalf of, a search engine or a competitor to Allegretto Publishing, or any affiliates of a search engine or a competitor to Allegretto Publishing, or any employee, contractor or agent of any of the foregoing entities (collectively, “Prohibited Subscribing Entity”). If you have subscribed to the Site in the past, and are now or become a Prohibited Subscribing Entity, you agree that you shall immediately notify us by clicking here and shall promptly terminate your Subscription. WE INTEND TO PROSECUTE AND SEEK DAMAGES AGAINST ANY PROHIBITED SUBSCRIBING ENTITY THAT VIOLATES THE FOREGOING PROVISIONS TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE LAW.
1. Prohibited Activity.
You agree that you will not:
Unique Article Wizard & UAWPro, Niche Dominator or any other services provided by Allegretto Publishing may not be resold or marketed in any manner that would imply that a client can cancel his or her existing Unique Article Wizard & UAWPro, Niche Dominator or any other account or are not required to maintain his or her own individual Unique Article Wizard & UAWPro account. You may not resell Unique Article Wizard & UAWPro article distribution services other than full memberships through the standard affiliate program unless you have received a written agreement with Allegretto Publishing. that outlines the terms of your reselling agreement.
Failure to follow the above rules will result in suspension or termination of your account with no refunds or compensation due. All decisions are final.
2. Copyright, Licenses and Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Allegretto Publishing, and its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE except that you may reproduce and redistribute articles from our article directory in accordance with the terms we provide from time to time. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You hereby grant to Allegretto Publishing and its affiliates a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license (including the right to sublicense through multiple tiers), to use, copy, reproduce, distribute, transmit, excerpt, publish, create derivative works of, publicly display and publicly perform, host, index, tag, encode, cache, modify and adapt any materials and other information, or portions thereof (including, without limitation, ideas contained therein for new or improved products and services) in any form or media now known or developed in the future that you submit to any public areas of the Site (including bulletin boards, forums and newsgroups) or by e-mail to UniqueArticleWizard.com, UAWPro.com, Allegretto Publishing or any of its affiliates (“Submissions”).
You also grant to Allegretto Publishing the right to use your name alone or in connection with the submitted materials and any other information as well; in connection with all advertising, marketing, referral and promotional material used or developed by Allegretto Publishing. All profiles created through the systems are the sole property of Allegretto Publishing. You agree that you shall have no recourse against Allegretto Publishing for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions or communications to Allegretto Publishing.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Allegretto Publishing or its licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
4. Submissions to the Site.
When making Submissions, you covenant, represent and warrant:
5. Fair Use Policy.
It is the intention of Unique Article Wizard & UAWPro to provide a distribution mechanism such that authors may syndicate their Submissions, and webmasters can receive high quality relevant, original and authentic unique content. It is not our policy to allow unlimited Submissions by author members. Excessive submissions will be moderated by the editorial staff of the Unique Article Wizard & UAWPro. This moderation will be done in cases where the nature of the Submissions is such that they would fail to provide the receiving webmasters the quality of content they would expect to receive from our services or the Site. Examples of these include, but are not limited to, Submissions that are of poor quality; consist of the same versions for distribution; or where multiple Submissions discuss the same content in a repetitive fashion. Additionally, accounts will be limited or terminated, at the sole discretion of the editorial staff, for excessive use over and above a reasonable amount as calculated by average or typical subscriber usage. Commercial usage is not permitted without prior written agreement and consent by Allegretto Publishing.
6. Limits on Liability; Disclaimers.
You understand that, except for information, products or services clearly identified as being supplied by UniqueArticleWizard.com, UAWPro.com, UniqueArticleWizard.com and UAWPro.com does not operate, control or endorse any information, products or services on the Internet in any way. Further, with limited exception, UniqueArticleWizard.com and UAWPro.com does not manage, control or own the receiving sites. Except for our offering of UniqueArticleWizard.com and UAWPro.com - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, which are not affiliated with UniqueArticleWizard.com and UAWPro.com. You also understand that UniqueArticleWizard.com and UAWPro.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Allegretto Publishing PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Allegretto Publishing SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Allegretto Publishing DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Allegretto Publishing. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
The ideas and opinions expressed in the Submissions, articles, comments, and other materials supplied by third parties to this site are the opinions of the authors and do not represent the opinions of Allegretto Publishing.
IN NO EVENT WILL Allegretto Publishing BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Allegretto Publishing. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Allegretto Publishing. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Allegretto Publishing makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-UniqueArticleWizard.com and UAWPro.com web site, please understand that it is independent from UniqueArticleWizard.com, and that UniqueArticleWizard.com and UAWPro.com has no control over the content on that web site. In addition, a link to a UniqueArticleWizard.com and UAWPro.com web site does not mean that UniqueArticleWizard.com and UAWPro.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree that we shall not be liable for any failure of the Site or our services due to any force majeure event or due to other circumstances beyond our control.
By selecting the Managed Services, You grant Allegretto Publishing. permission to perform the necessary actions in respect of this Agreement on your site, and on your behalf, including submission of your site, and authored articles, to external sites and directories.
By providing the Managed Services, Allegretto Publishing. will try to improve the ranking of your site on at least one search engine (US Version only), as may be determined at Allegretto Publishing's. sole discretion from time to time, for one of the selected Keywords. Allegretto Publishing. does not control how search engines rank sites or how fast a site is indexed, and any improvements in search engine ranking resulting from the Managed Services may take months and are not guaranteed.
Allegretto Publishing. will not proceed with consultations or any other aspect of Your Managed Services until this Agreement has been accepted by You.
While Allegretto Publishing. will consult with You on keyword selection, Allegretto Publishing. reserves the right to select the keywords chosen for optimization based on its expertise and generally accepted industry practices in effect at the time the Service is provided. If You do not agree with this practice You may terminate the Managed Service in accordance with the terms of this Agreement.
6.1 Refund and Guarantee Limitation(s).
All written refund policies and money back guarantee’s defined herein and referred to within these TOS (Terms of Service) and on any of our websites or in an any advertising or communication in any form are applicable only to the “Unique Article Wizard” monthly subscription service. All other products and or services offered by Allegretto Publishing are not subject to any refunds or guarantees. Refund requests for any service(s) or product(s) other than the “Unique Article Wizard” subscription service may be reviewed and if reviewed a full or partial refund may be considered on a case by case basis at the sole discretion of Allegretto Publishing. Allegretto Publishing as indicated elsewhere within the TOS is not liable to any subscriber, customer, affiliate or related or unrelated party for any consequential costs or damages of any type arising from the use of any products or services of Allegretto Publishing.
You agree to indemnify, defend and hold harmless Allegretto Publishing, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site or our service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your use of the Site, our services or any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site or services on your behalf or using your access information or credentials.
8. Third Party Rights.
The provisions of this Agreement are for the benefit of Allegretto Publishing, its affiliates and its and their officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site or our services. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Sections 1 (Prohibited Activity), (2) (Copyright, Licenses and Submissions), 3 (Trademarks) 4 (Submissions to the Site), 6 (Limits on Liability; Disclaimers), 7 (Indemnification), 8 (Third Party Rights) and 10(Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the province of Alberta, Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Allegretto Publishing and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Canada. Any cause of action or claim you may have with respect to, or relating to, the Site, our services or the Agreement, must be commenced within one (1) year after the claim or cause of action first arises or such claim or cause of action is barred. Allegretto Publishing's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Allegretto Publishing may assign its rights and duties under this Agreement to any party at any time without notice to you.
You acknowledge and agree that we will be irreparably harmed if you were to breach or violate any provision of this Agreement, and further agree that, notwithstanding the foregoing paragraphs, we shall have the right to seek and obtain injunctive relief in any court of competent jurisdiction upon any breach or violation or threatened breach or violation of the terms of this Agreement without the necessity of posting bond or other security or proving special damages or irreparable harm, in addition to all other rights and remedies available to us hereto at law or in equity.
Any rights not expressly granted herein are reserved by Allegretto Publishing and its affiliates.