Last Modified Date: October 8, 2023
1. Welcome to the Wolfpack
1.1. Introduction
Thank you for visiting the website and the products, services, and features (collectively, the “Site”) we make available to you as part of the Wyeast Wolfpack (collectively, the “Service”).
These Terms of Service (“Terms'') govern your access to and use of the Wy'east Wolfpack Site and Service. We've tried to keep the Terms as straightforward as possible but if you have any comments or questions about these Terms, please email us and let us know.
1.2 Applicable Terms
Your use of the Service is subject to these Terms, as well as our Acceptable Use Policy. As pertains to the Service, ( 1 ) the “Effective Date” of the Agreement is the earlier of the date of (a) your initial acceptance of these Terms (or Updated Terms, as applicable) and access to the Service through any online provisioning, registration, or order process; or (b) the effective date of the first Order Form between you and Wy'east Wolfpack referencing this Agreement; and ( 2 ) the “Term” of the Agreement shall be as of the Effective Date until you terminate your Account and/or the expiration or termination of the last outstanding Order Form. These Terms remain in full force and effect as of the Last Modified date above. Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you are not permitted and may not use the Service.BY ACCESSING OR USING THE WY'EAST WOLFPACK SERVICE OR ANY RELATED WY'EAST WOLFPACK OFFERINGS, YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE OR ANY RELATED WY'EAST WOLFPACK OFFERINGS. BY ENTERING INTO THIS AGREEMENT, EACH PARTY HEREBY REPRESENTS AND WARRANTS THAT IT HAS THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO AND PERFORM THIS AGREEMENT, AND THIS AGREEMENT IS A VALID AND BINDING OBLIGATION ON SUCH PARTY. IF YOU ARE USING OR ACCESSING THE SERVICE OR ANY RELATED WY'EAST WOLFPACK OFFERINGS AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO DO SO AND SHALL BE LIABLE TO WY'EAST WOLFPACK FOR ANY VIOLATIONS UNDER THE AGREEMENT BY YOU OR SUCH ENTITY. THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
SECTION 17 OF THESE TERMS CONTAINS PROVISIONS THAT SHALL GOVERN ANY CLAIMS THAT THE PARTIES MAY HAVE AGAINST EACH OTHER, INCLUDING WITHOUT LIMITATION A MANDATORY ARBITRATION PROVISION.
1.3 Who is Who
The Site and the Service are provided by Wy'east Wolfpack, an Oregon corporation located at 4610 SW Hamilton St., Portland, Oregon, 97221. As used in the Agreement, “You” means the individual or entity you are accessing the Site or using the Service on behalf of.
2. Your Account
2.1 Eligibility
The Service is available only for individuals aged 13 years or older or the digital age of consent in your country, if older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside (if that jurisdiction has an older age of majority), then you agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand these Terms and you agree to have your parent or guardian review and accept these Terms on your behalf. If you are a parent or guardian and are agreeing to these Terms for the benefit of a child over the age of 13 (or the digital age of consent in your country, if older), then you agree to accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that they may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms or use of the Service is prohibited or to the extent any offer, sale, or provision of the Service conflicts with any applicable law, rule or regulation.
2.2 Signing Up
Some features of the Site and the Service require you to register for an account with Wy'east Wolfpack (“Account”). To complete your Account registration, you agree to provide us with complete and accurate information and to keep that information current so that we can communicate with you about your Account. We may need to send you notices about important updates (like changes to these Terms or our Privacy Policy), or to inform you of legal inquiries we receive about your use of the Service so you can make informed choices in response. We encourage you to provide your own (or your company’s) contact and billing details, including your valid, current email address, as we may use it to identify and determine the actual and true owner of the Account and/or User Content (as defined below). Wy'east Wolfpack reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames.
2.3 Primary Email Address
You acknowledge that Wy'east Wolfpack will use the email address you provide upon creating an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Wy'east Wolfpack and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Wy'east Wolfpack can only be authenticated if they come from your Primary Email Address.
2.4 Your Responsibility for Your Account
Please safeguard your Account and make sure others don't have access to your passwords and/or other authentication credentials (e.g., your Primary Email Address). You are responsible for taking all steps to ensure that no unauthorized person shall have access to your Account or Primary Email Address. If anyone other than yourself accesses your Account, they may perform any actions available to you and make changes to your Account and User Content. You agree that Wy'east Wolfpack shall have no liability for any loss or damage resulting from your failure to maintain the security of your Account information. You agree to immediately notify us of any unauthorized use of your Account or password. If we believe your Account has been compromised, we may suspend or disable it until such time that the matter has been resolved.BASICALLY...Keep your password safe and let us know if you detect any unusual behavior on your account immediately. Use the settings to make any changes to your account or just contact us.
2.5 Disputes
If there is a dispute about Account or User Content ownership, we reserve the right to determine ownership based on our reasonable judgment in our sole discretion, whether or not an independent investigation has been conducted. However, if we cannot make such a determination, we reserve the right to not intervene in the dispute, suspend any Account(s) involved in the dispute, and/or take down User Content until the parties disputing such ownership reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, trademark certification) that may assist us in determining ownership. Below is a non-exhaustive set of factors we will consider when determining proper ownership:
2.5.1 Wy'east Wolfpack will consider the owner of an Account as the person or entity who has access to the Primary Email Address for such Account.
2.5.2 Wy'east Wolfpack will consider the owner of User Content as the person or entity who has access to the Primary Email Address for the Account under which such User Content was created.
2.5.3 For Accounts that have paid any Fees (as defined in Section 8) for any use of the Service, Wy'east Wolfpack may consider the owner of such Account and/or User Content created thereunder to be the person or entity whose billing details were used to pay such Fees.
2.5.4 Notwithstanding the foregoing, if Wy'east Wolfpack deems that the circumstances justify, Wy'east Wolfpack shall have the exclusive right to adjudicate the ownership dispute of an Account and/or User Content in its sole discretion based on any information in its possession, including the factors set forth above.
If you have a Wy'east Wolfpack Account, the Service may allow you to, among other things, publish or upload content to the Internet, including, but not limited to, blog or forum posts, images, photos, and videos. Any content you submit, post, display, or otherwise make available on or via the Service, including all Intellectual Property Rights (defined below) therein, is referred to as your “User Content.” To the maximum extent permitted by law, you agree to be fully responsible for the User Content that you create or submit to the Service and you further agree not to use the Service to create or submit any User Content that does not comply with the Agreement, including, but not limited to, Wy'east Wolfpack's Acceptable Use Policy. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You retain ownership of your User Content. However, in order to provide the Service to you and others we need certain rights from you, as more fully described below. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. Accordingly, we encourage you to archive your User Content regularly and frequently. We have no obligation to store, maintain, or provide you a copy of your User Content.
By providing User Content to the Service, you grant Wy'east Wolfpack (including our third party hosting providers acting on our behalf) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, modify, reproduce, display, and distribute your User Content on the Service for the limited purposes of operating and providing the Service to you (“User Content License”). You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available on the Internet via the Service.
Notwithstanding the above, in our discretion, Wy'east Wolfpack may choose to feature your User Content and/or your name, trade names, trademarks, logos, and other similarly identifying indicia included on your User Content (collectively, “Marks”). You hereby grant us, a non-exclusive, revocable, royalty free, worldwide right and license to display or otherwise use your published User Content or Marks for the limited purpose of Wy'east Wolfpack marketing and promotional activities (e.g., we may feature your User Content or Marks on our website in our customer lists or social media accounts, etc.). You agree to waive any claims against us relating to any moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Content or Marks and any right of inspection or approval of any such use. All goodwill related to the use of your Marks by Wy'east Wolfpack will inure to the benefit of the owner of such Marks. This Section does not affect any rights you may have under applicable data protection laws. For clarity, you can revoke the licenses to Wy'east Wolfpack to use and display your User Content and/or Marks by emailing us at getafterit@wyeastwolfpack.com to notify us.
You may remove your User Content from and discontinue your use of the Service at any time. You must remove your User Content if you no longer have the rights required by these Terms.
If any of your User Content ( 1 ) breaches the terms of this Agreement, including but not limited to the Acceptable Use Policy, or ( 2 ) causes or may cause harm to Wy'east Wolfpack, our users, or third parties, we reserve the right to limit, remove, or otherwise disable some or all of such User Content in our sole discretion. We will use reasonable efforts to notify you prior to taking any such action unless we reasonably believe that doing so would: (a) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Wy'east Wolfpack; (b) compromise the integrity or operation of the Service; or (c) cause harm to any user, other third party, or Wy'east Wolfpack.
You represent and warrant that you own or otherwise have obtained and shall maintain all necessary licenses, authorizations, rights, approvals, and permissions necessary to enter into and perform your obligations or exercise your rights hereunder, including without limitation the rights to display your User Content in the manner set forth in this Agreement. You represent and warrant that your User Content, and any use of your User Content by Wy'east Wolfpack as authorized under this Agreement, will not infringe, misappropriate, or otherwise violate the Intellectual Property Rights or other rights of any third party.
You represent and warrant that your use of the Service, including your User Content, shall comply with all applicable laws, rules, and regulations, including without limitation applicable privacy and data protection laws and applicable export or import controls, regulations, and sanctions.
You represent and warrant that your use of the Service, including any User Content you create or publish via the Service shall comply with our Acceptable Use Policy.
Except for your User Content, all materials on or inherent to the Service, including the mini-applications that allow integrations with other applications and services (“Recipes”), the Service itself, and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, “Wy'east Wolfpack IP”), including but not limited to the design, structure, arrangement, and “look and feel” of Wy'east Wolfpack IP, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other Intellectual Property Rights and laws.
Other than as provided herein, Wy'east Wolfpack does not grant to you or any user any license, express or implied, to Wy'east Wolfpack IP. Except as expressly provided in the Agreement, no part of the Service or Wy'east Wolfpack IP may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Subject to the terms and conditions of this Agreement, Wy'east Wolfpack provides you with a non-exclusive, revocable license to use the Service, including the Recipes, as expressly permitted by the features and functionality of the Service and the terms of this Agreement. Wy'east Wolfpack may terminate this license at any time for any reason or no reason.
We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your non-confidential Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
From time to time, Wy'east Wolfpack may, in our sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all customers (“Beta Services”). Beta Services are not part of the Service, and your use of any Beta Services is entirely optional at your election. Beta Services may be subject to additional terms and conditions, which Wy'east Wolfpack will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Wy'east Wolfpack IP and subject to this Agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Wy'east Wolfpack's prior written consent. Wy'east Wolfpack makes no representations or warranties as to how the Beta Services will function. Wy'east Wolfpack may discontinue the Beta Services at any time in its sole discretion. Wy'east Wolfpack will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Wy'east Wolfpack may change or not release a final or commercial version of a Beta Service in our sole discretion.
We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Service and its functionality; (b) we may suspend or discontinue parts or all of the Service; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Service; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some of, or all of your User Content; and (e) we may change our eligibility criteria to use the Service (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Service in that jurisdiction).
Users of the Service may be required to provide their credit card details to Wy'east Wolfpack or the payment service provider retained by Wy'east Wolfpack (the “PSP”). Users will be responsible for paying all applicable fees related to their use of the Service (the “Fees”). You are solely responsible for all federal, state, and local taxes, including sales, use, VAT, or similar transaction taxes imposed on your paid subscription to the Service, unless you provide Wy'east Wolfpack with a valid tax exemption certificate (“Taxes”). All Taxes payable by you will be separately stated and exclusive of the Fees. Notwithstanding the foregoing, you will have no liability for taxes that are statutorily imposed on Wy'east Wolfpack, including taxes or fees based on Wy'east Wolfpack's net or gross income.
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. We will immediately bill you upon any upgrade from the free plan to any paying plan.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
For annual payment plans, the Service is billed up front for one ( 1 ) year subscription periods and is non-refundable. Your annual plan will automatically renew for successive one ( 1 ) year subscription periods, and you will be charged the applicable Fees on each annual anniversary of your purchase, unless you cancel your Account plan prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.
Certain credits may apply when you purchase an upgrade to the Service or switch from a monthly plan to an annual payment plan.
If you have separately executed an order form or related ordering document (“Order Form”), your access and use of the Service will be governed by the terms of such Order Form. For clarity, an Order Form may be subject to these Terms or Wy'east Wolfpack's Master Subscription Agreement (“MSA”) depending on the provisions of your Order Form.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Wy'east Wolfpack in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
Our Global Privacy Policy and EU & Swiss Privacy Policy apply to the use of the Service and such terms are hereby incorporated into and made a part of the Terms by reference. You understand that by using the Service you consent to the collection, use, and disclosure of your Personal Information and aggregated data as set forth in our Global Privacy Policy and EU & Swiss Privacy Policy, and to have your Personal Information collected, used, transferred to, and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
THE SERVICE AND ALL WY'EAST WOLFPACK IP ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICE OR ANY WY'EAST WOLFPACK IP IS TO STOP USING THE SERVICE OR ANY SUCH WEBLOW IP. IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE OR THE WY'EAST WOLFPACK IP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WY'EAST WOLFPACK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ( I ) ERRORS, MISTAKES, OR INACCURACIES OF WY'EAST WOLFPACK IP; ( II ) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION, INCLUDING PERSONAL INFORMATION OR FINANCIAL INFORMATION, STORED THEREIN; ( IV ) ANY ERRORS, MISTAKES, LOSSES, DAMAGE OR UNAUTHORIZED ACCESS RESULTING FROM THE USE OF THIRD PARTY APPLICATIONS BY YOU OR BY WY'EAST WOLFPACK ON YOUR BEHALF; ( V ) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; ( VII ) ANY ERRORS OR OMISSIONS IN ANY WY'EAST WOLFPACK IP OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY WY'EAST WOLFPACK IP POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR ( VIII ) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WY'EAST WOLFPACK , ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS RELATED TO THIS AGREEMENT IN AN AMOUNT EXCEEDING $100.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WY'EAST WOLFPACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to indemnify, defend, and hold harmless Wy'east Wolfpack (including its Affiliates and its and their members, officers, directors, managers, employees, agents, successors, and permitted assigns) from and against any third-party claims, demands, proceedings, losses, liabilities, and all related costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Losses”), arising from or relating to (a) your use of the Service, including but not limited to your User Content; (b) your violation or breach of these Terms or any obligations, representations, or warranties under this Agreement; (c) your violation or breach of any applicable laws, rules, or regulations or the rights or good name of any third party.
Wy'east Wolfpack is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any or no reason, including if, in our sole determination, you violate any provision of this Agreement. You may discontinue or terminate your use of the Service at any time.
We reserve the right, in our sole discretion, to modify, update, or change these Terms from time to time (such modified Terms, the "Updated Terms"), so we encourage you to review this page periodically. Notwithstanding, when we change the Agreement in a material manner, we will update the “Last Modified” date at the top of this page and use reasonable efforts to provide you with reasonable advance notice before the Updated Terms become effective. Wy'east Wolfpack may provide such notifications, whether the notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Service, as determined by Wy'east Wolfpack in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification by contacting us at getafterit@wyeastwolfpack.com. You may be required to click-to-accept or otherwise agree to these Updated Terms, but in any event your continued use or access of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. Updated Terms will be effective as of the date specified in the “Last Modified” date at the top of this page, and will apply to your use of the Service from that point forward. The previous Terms (or Updated Terms) will govern any disputes arising before the effective date of the applicable Updated Terms. If you do not agree to these Terms or any future Updated Terms, you may not use or access (and must discontinue any use or access to) the Service. Wy'east Wolfpack is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Neither you nor Wy'east Wolfpack may assign, transfer, or sublicense this Agreement or any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, that Wy'east Wolfpack may assign the Agreement in its discretion (including applicable Order Forms) to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
The Agreement will be governed by and construed in accordance with the internal laws of the State of Oregon, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Multnomah County, Oregon, and waive any objection to such jurisdiction or venue.
The Service is controlled and operated from its facilities in the United States. Although the Service may be accessible worldwide, we make no representation that the Service or the materials on the Service are appropriate or available for use in locations outside the United States, and accessing the Service from territories where its use is illegal is prohibited. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
The Agreement represents the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. The Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
Any failure by us to enforce or exercise any provisions of the Terms shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
In any action to enforce the Term, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.
You agree that Wy'east Wolfpack's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Wy'east Wolfpack shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Wy'east Wolfpack may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Wy'east Wolfpack shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees, and expenses.
No instance of waiver by Wy'east Wolfpack of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
