The Goodheart-Willcox Company, Inc.
Terms of Use

 

Date Effective: November 1, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THIS WEBSITE AND ANY DIGITAL MEDIA PRODUCT AND/OR SERVICE YOU MAY ACCESS OR PURCHASE THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, ONLINE TEXTBOOKS, EBOOKS, AND DIGITAL MATERIALS).

Acceptance of these Terms of Use

Welcome to www.g-w.com (the “Website”) owned and operated by The Goodheart-Willcox Company, Inc. (“Goodheart-Willcox”, “G-W”, “we”, or “us”). In addition to www.g-w.com, the term “Website” shall also include any other Websites, web pages, mobile applications, and mobile Websites operated by G-W. These terms and conditions (together with any documents referred to in them, collectively these “Terms of Use”) apply to you (“you” or “your” or “yours”) and your use of the Website including, without limitation, any content, functionality or services offered on or through the Website, whether as a guest or as a registered user.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (available at https://www.g-w.com/privacy), which is incorporated as a part of these Terms of Use by this reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not use and immediately exit the Website.

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personally Identifiable Information (PII) outside of the European Union. By using our Website and providing us with your Personally Identifiable Information, you consent to these transfers in accordance with our Privacy Policy and these Terms of Use.

Changes and Updates

Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. However, we may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. All changes to these Terms of Use are effective immediately when posted by us. Your continued use of the Website following the posting of any revised Terms of Use means that you accept and agree to all such changes. These Terms of Use may not be modified, amended or changed by you in any manner.

Accessing the Website, Subscription Services, and Account Security

You are responsible for:

Intellectual Property Rights

The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by G-W, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

You must not:

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by G-W.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: ciso@g-w.com.

Trademarks

The G-W name, logo and all related names, logos, product and service names, designs and slogans are trademarks of G-W or its affiliates or licensors. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the Website:

Additionally, you agree not to:

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. G-W also uses other social media platforms (e.g. LinkedIn, Facebook, Twitter) to interact with and provide information to users, which is subject to the Content Standards of this policy.

You must register in accordance with instructions that you will find on the Website in order to use or contribute to any Interactive Services and you must comply with the Content Standards set forth in these Terms and Conditions. If functionality of the Website permits, you may create and save bookmarks, highlights and annotations to content on the site.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not G-W, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

G-W is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination

We have the right to:

We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other Personally Identifiable Information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS G-W AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY G-W AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER G-W OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

This is a professional Website, so please act professionally. These “Content Standards” apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Personally Identifiable Information About You and Your Visits to the Website

All Personally Identifiable Information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your Personally Identifiable Information in compliance with the Privacy Policy.

Registration

If you access the Website anonymously, you may do so as a visitor and will not be required to provide Personally Identifiable Information. However, in order to access certain services on the Website, purchase services, or download certain content, you will be required to provide specific Personally Identifiable Information. All Personally Identifiable Information about you must be truthful, and you may not use any aliases or other means to mask your identity. Screen names or IDs may not be offensive, deceptive or violate any other party’s rights. Any access codes or passwords provided should always be safeguarded. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. All Personally Identifiable Information that you submit during the registration process, or otherwise during your use of the Website, will only be used in accordance with our Privacy Policy.

We may, at our discretion, suspend or terminate the registration of any user who violates any of these terms and conditions of use or for any other behavior that we in our discretion believe is inappropriate.

Copyright & Compensation

You warrant that you own or otherwise control all the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party.

You are not entitled to any compensation for any materials you post on the Website.

Subject to Review

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of G-W.

We are not responsible or liable to you or any third party for the content or accuracy of any materials provided on the Website. Users remain solely responsible for the content of their messages. We retain the right, but not the obligation, to reject, modify or remove messages that we consider unacceptable or that violate these Terms of Use or our other policies.

G-W’s Limited Liability

We are not responsible for material appearing on the Website; except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason including, but not limited to, those prohibited contributions described above. We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate our policies, these Terms and Conditions or any other agreements between the user and us. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages, postings, resumes or other material.

We do not assume any obligation to remove any messages, postings, resumes or other material and disclaim any liability for failing to take such action.

Please remember that there are risks in dealing with others that you meet during your use of the Website, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Website.

Because user authentication on the internet is difficult, we cannot and do not confirm that each user of the Website is who they claim to be. We do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Website. If you have a dispute with one or more users, you release G-W (and our agents, officers, directors, and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE WEBSITE, ITS CONTENTS AND MATERIALS AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT ANY SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL G-W, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

G-W’S MAXIMUM LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF MATERIALS ON THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $200.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Parental Permission

The Website is not directed to children under the age of 18 and we will not knowingly collect Personally Identifiable Information from children under 18.

Links

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may write to: ciso@g-w.com

We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Website, at our discretion at any time.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

You must not:

These Terms of Use apply only to the Website, and not to the websites of any other companies or organizations, including those to which the Website may link. However, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

We are not responsible for the availability of any other website to which the Website links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:

All DMCA notices should be sent to cisco@g-w.com.

Indemnification

You agree to defend, indemnify and hold harmless G-W, its affiliates, licensors, service providers and each of their respective officers, directors, members, managers, employees, contractors, attorneys and other agents and their respective successors and assigns from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to your violation or breach of these Terms of Use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Geographic Restrictions

We control and operate this Website from our offices in the State of Illinois, United States of America. We do not represent that materials on the Website are appropriate or available for use or are assessable in any other locations. Access to the Website may not be legal by certain persons or in certain countries. Persons who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters relating to the Website or these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States District Court for the Northern District of Illinois, or the courts of the State of Illinois, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts.

Waiver and Severability

No waiver of by G-W of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of G-W to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.