Terms & Conditions
All copyright and other rights that subsist in the home page and in the sub-domain pages of the westcoastlabs.com website and any sub-domains relating thereto ("the Site") are owned by West Coast Labs LLC ("WCL").
In consideration of WCL allowing you to access the pages of the Site all users of the Site are deemed to accept the following terms and conditions of use:
1. Permitted Use
- 1.1 Subject to what is said below material from the Site may be downloaded, viewed, listened to (where appropriate), printed, copied on the hard disk of your computer (but not photocopied) and used for your own personal, non-commercial purposes as a personal information resource in good faith ONLY. Any other type of use requires the prior written agreement of WCL.
- 1.2 You agree that you will not use the Site directly or indirectly:
- (a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or company or which is unlawful in any other respect;
- (b) in any way which is abusive, defamatory or obscene or which will harass, distress or inconvenience any person or company or which might restrict or inhibit the use and enjoyment of the Site by any person;
- (c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;
- (d) for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;
- (e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
- (f) to transmit or re-circulate any material obtained from the Site to any third party without the written agreement of WCL;
- (g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or
- (h) in any way that might bring WCL into disrepute.
2. Removal of Material and cancellation of Access to the Site
- 2.1 WCL shall have the right to refuse to allow you access to any of the pages on the Site at any time and for any reason without giving you any advance notice and WCL shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of WCL or its employees) arising from WCL's refusal to provide you with information or your inability to access any of the pages on the Site.
- 2.2 WCL shall have the right at any time and for any reason to remove from the pages on the Site any material posted without giving any advance notice and WCL shall not be liable for any losses or damages whatsoever (other than losses or damages for death or physical injury arising out of the negligence of WCL or its employees) arising from the removal of such material.
3. Rights Clearances
The copyright, and other rights, in some of the material appearing on or in the Site may belong to a third party. It is your responsibility to obtain any licences or permissions that may be required to use such material and you agree to pay any costs or expenses incurred by WCL, which arise as a result of your failure to obtain such licences and permissions.
- 4.1 The information provided on or in the Site is intended for recreational, non-commercial purposes only. Whilst every effort has been taken to ensure the accuracy of the information provided by WCL and its employees in these pages, IT IS THE RESPONSIBILITY OF USERS TO CHECK THE ACCURACY OF RELEVANT FACTS AND ANY OPINIONS GIVEN ON THE SITE BEFORE ENTERING INTO ANY COMMITMENT BASED UPON THEM.
- 4.2 WCL cannot guarantee that your use of the Site will be free from error and/or uninterrupted. WCL, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages (other than liability for death or physical injury arising out of the negligence of WCL or its officers) including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the Site or any other Internet sites or the use thereof.
- 4.3 Some of the pages on or in the Site include material (including, but not limited to, advertisements) provided by third parties. Such third parties and advertisers are solely responsible for the content of advertising and other material, which they submit to WCL and for ensuring that such content complies with all relevant legislation. WCL accepts no responsibility for the content of material posted by third parties, including, without limitation, any error, omission or inaccuracy therein.
- 4.4 Save unless otherwise stated, WCL makes no warranty whatsoever as to any goods or services purchased through use of the Site, whether accessed directly or otherwise.
- 5.1 Some of the pages on the Site include links to external websites. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. WCL is not responsible for the content of these Internet sites.
- 5.2 No links from external websites to the Site are permitted without the prior written consent of WCL.
- 6.1 Whilst effort has been taken to ensure that the pages of the Site are free from malware, WCL gives no warranties that they are indeed free from malware and users are responsible for ensuring that they have installed adequate malware checking software.
6.2 WCL excludes, in so far as it is legally possible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of WCL or its officers) for any malware or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
- (a) the pages on the Site or any other Internet sites;
- (b) any material downloaded from the Site or any other Internet sites;
- (c) any Newsletter; or
- (d) any Publication.
7. Intellectual Property
The names, images and logos identifying WCL or third parties and their products and services, are the proprietary marks of WCL, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and WCL reserves all rights to enforce such rights that it might have.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
10. West Coast Labs LLC
West Coast Labs LLC is a California company (EIN # 47-1242170) whose registered office is at 3990 Westerly Place suite 205, Newport Beach, CA 92660.
11. Data Protection
WCL is registered under, and will process any personal data in accordance with, data protection legislation.
12. Site Content
- 13.1 The information contained herein is subject to change by WCL without notice.
- 13.2 The information contained herein is believed by WCL to be accurate and reliable, but is not guaranteed. All use of and reliance on this material are at your sole risk. WCL is not liable or responsible for any damages, losses or expenses arising from any error or omission in this material.
- 13.3 NO WARRANTIES, EXPRESS OR IMPLIED ARE GIVEN BY WCL. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE DISCLAIMED AND EXCLUDED BY WCL. IN NO EVENT SHALL WCL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, DATA, COMPUTER PROGRAMS, OR OTHER ASSETS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- 13.4 The content of the Site does not constitute an endorsement, recommendation or guarantee of any of the products (hardware or software) tested or the hardware and software used in testing the products. The testing does not guarantee that there are no errors or defects in the products, or that the products will meet your expectations, requirements, needs or specifications, or that they will operate without interruption.
- 13.5 Checkmark Certification does not warrant a product for fitness of purpose in any given environment, nor does it guarantee a given level of functionality. Checkmark Certification confirms that a product has passed a given set of test criteria published on this Site when configured as specified.
- 13.6 Checkmark Certification applies only to the product and/or platform and version tested, configured as per the vendor's recommendations, running on a specific version of the operating system.
- 13.7 WCL cannot guarantee the product will behave as reported on the Site in any other environment or configuration. Note that some products featured on the Site may not necessarily been tested to Checkmark certification standards.