The Terms and Conditions below assume you meet the minimum technical requirements for accessing the Wall Street Training & Advisory, Inc. ("WST") Self-Study system.
If you have any questions, please contact us before placing your order.
For additional technical support (e.g., videos won't load), please contact us.
Wall Street Training & Advisory, Inc. ("WST") reserves the right to cancel the training if enrollment is insufficient or for any circumstances beyond our control. If WST outright cancels a class, all payments will be refunded in full promptly.
In some cases, WST may reschedule/postpone a class to a later date, and this web page will be updated accordingly. Existing registrations for a rescheduled class are eligible for either (1) a full refund, or (2) a free transfer to the rescheduled course on the new date.
All requests for cancellation must be in writing (fax or email is acceptable). If canceling 30 days or prior to start of the first class, a 50% cancellation fee + $50 processing fee will be assessed; if canceling less than 30 days from start of first class, no refunds given. Any substitutions must be made 14 days in advance of the first class; after that, no substitutions allowed.
In cases of Acts of God, Force Majeure, Acts of Nature & Weather, or similar event, WST will reschedule the event with as much advance notice as possible. If you cannot make the rescheduled dates, you can find someone to substitute for you at anytime. If you cannot find a substitute and do not attend the class, you will receive access to the online course equivalent; no refunds will be given in such a case.
A) The information available through the Service is the property of WST or its licensors, and is protected by copyright and other intellectual property laws. Any printouts using or referencing content from the Service shall contain the following copyright notice: "Copyright © Wall Street Training & Advisory, Inc." or "Copyright © Wall St. Training" along with WST's logo, and you may not delete or alter the copyright notice(s) included on any downloaded file. You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password. You agree not to reproduce, retransmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the Service to anyone else without the express prior written consent of WST. You may use information from the Service within your company, but copying, distributing or otherwise making available WST's or its licensors' copyright-protected content from the Service to third parties is forbidden. You are prohibited from: (i) using or permitting the use of the information to prepare an original database that is sold, rented, published, or furnished in any manner to a third party or (ii) using or permitting the use of the information to prepare a comparison to other databases that is sold, rented, published, or furnished in any manner to a third party; (iii) using or permitting the use of the information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published or furnished in any manner to a third party.
B) (i) Accounts accessed with individual user name and password are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. The Service is available ONLY for the number of designated users identified in your order and may not be shared with other non-designated persons or entities. The account owner and each designated user are responsible for the confidentiality and use of the user's name and personal password and all activity and use under the user name and password; (ii) Accounts accessed through IP authentication or referring URL are granted a non-exclusive, concurrent, non-transferable, limited license to access the Service. Access to the Service is limited to the number of simultaneous users specified in your order. In the event an account reaches the concurrency limit, WST reserves the right to deny access to any and all users in excess of the number of simultaneous users specified on the order. Any account accessed with individual user name and password, whether concurrent or non-concurrent, is subject to the restrictions regarding sharing of user name and password previously set forth.
C) WST reserves the right to monitor your use of the Service to ensure compliance with this Agreement and prevent fraudulent use. You acknowledge that such monitoring of use may include determining whether or not the Service is accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Service, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with this Agreement or if fraudulent activity is suspected, WST reserves the right to take such action as it deems necessary, including, but not limited to, assessing additional charges for users or downloaded records in excess of the number authorized, or suspension or termination of the account.
A) Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service.
B) THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE" BASIS. WST AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER WST, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, OR DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL WST, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE SUBSCRIBER IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF WST ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER PAID TO WST FOR USE OF THE SERVICE.
(a) General. WST bills you through an online account (your "Billing Account") for use of the Service. You agree to pay WST all charges at the prices then in effect for any use of the Service using your Billing Account, and you authorize WST to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. WST reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Subscription Term. The term of your subscription is based on the day that you become a member of the website to the last day of the level term. For example, if you purchase a membership on February 14, 2011 your subscription term will last until August 14, 2011.
(c) Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring monthly charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WST MAY SUBMIT MONTHLY CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY WST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WST REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD.
(d) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY WST IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE WST ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WST MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY WST).
(e) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If WST does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
(f) Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and WST shall provide, notice of the amount to be charged and the date of the charge at least 5 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that WST may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(g) Auto-renewal. Your WST subscription will not be automatically renewed and your account will not be charged without you specifically re-registering for any courses. If you cancel your account, you may use your subscription until the end of your then-current subscription term. In addition, you will not be eligible for a prorated refund of any portion of the subscription fee paid.
(h) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that WST is authorized to charge your Payment Method. WST may submit those charges for payment and you will be responsible for such charges. This does not waive WST's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial.
We may change the terms of this Agreement at any time. The current version of Terms and Conditions will be posted here.
This Agreement contains the final and entire agreement between us and supersedes other verbal or written negotiations, understandings or agreements. Your rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York.
The use of Services under this Agreement applies to your company as it exists today, and may be used only to support your U.S. business. Future acquisitions by your company of, or future acquisitions of your company by, other companies ("Acquired/Acquiring Companies") shall not be included in this Agreement. Acquired/Acquiring Companies shall continue to receive services pursuant to the terms and conditions of their current agreement ("Existing Agreement") and shall not be included as an Included Entity under this Agreement.
All orders are final, no returns or refunds. By subscribing to our service, you agree for your credit card to be charged the indicated amount. If you do not wish to be charged, do not place the order or do not submit via written correspondance (including email) that you wish to be charged on your credit card. If you wish to dispute a charge on your credit card, please contact us first so we may help you resolve the issue. If you do not contact us first and/or directly dispute the charge on your credit card and we win the dispute, we will charge you $100 USD EACH time you dispute the charge and lose the dispute. Please contact us with any inquiries.
WST Macros Add-In End-User License Agreement ("Agreement")
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading, installing or using the WST Macros Add-In.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
By clicking the "I Agree" button, downloading, installing or using the Software, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download and do not use the Software.
This Agreement is a legal document between You and WST and it governs your use of the Software made available to You by WST.
The Software is licensed, not sold, to You by WST for use strictly in accordance with the terms of this Agreement.
WST grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software for one (1) user on one (1) computer that You own or control, subject to the restrictions and requirements of this license and strictly in accordance with the terms of this Agreement. The license that is granted to You by WST is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
A license is valid for one (1) year (or as otherwise agreed upon in writing), and starts from the earlier of either: i) Your direct purchase of a Software license, or ii) Your purchase of at least one (1) WST branded online or self-study course that is explicitly labeled as qualifying for an accompanying Software license, or iii) as agreed upon with a separate agreement between WST and your employer.
WST shall enable license activation within twenty-four (24) business hours of Your purchase. Upon activation or validation of Your license from a computer that You own or control, the license is only valid for usage on that computer, as identified by the Software. Requests to transfer Your license to another computer must be made in writing (electronic mail shall qualify as "in writing" for this specific paragraph) and may be declined for any or no reason at WST's sole discretion.
The Software may only be used during the period of use of its license. Once the period of use has elapsed, You may not make any attempt to continuing using the Software other than by purchasing a new license key or license renewal from WST. If You no longer wish to use the Software, the Software should be deleted from Your computer.
4. License Restrictions
You agree not to, and You will not permit others to license or sublicense, sell, rent, lease, assign, distribute or redistribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party. In addition, You agree not to, and You will not permit others to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Software. Furthermore, You agree not to, and You will not permit others to modify, create derivative works of, reverse engineer, decompile or disassemble the Software or any portion of it. Any attempt to do so is a violation of the rights of WST and any breach of these restrictions may subject You to prosecution and damages. WST will not provide support or refunds to You if Your Software malfunctions as a result of violating these restrictions.
5. Features, Functionality and Updates
The Software is provided on an "as is" basis and WST makes no guarantees as to the usability of the Software. WST reserves the right to change the features and functionality of each version of the Software without notice and at any time, including but not limited to, restricting features, modifying features, adding features, renaming features, and removing features. Moreover, WST reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to You.
WST may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Software. You agree that WST has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to You. You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this Agreement.
WST makes no guarantee or commitment that the Software will be compatible with any updates and changes made to Microsoft Excel, even if at the time of purchase and installation of the Software, the Software functionality was deemed to be operational.
You acknowledge, agree, and warrant that: (i) You will establish an internet connection upon each usage of the Software for the purposes of license activation or license validation; (ii) You will ensure the Software is installed on a supported platform as set for the in the documentation accompanying the Software; and (iii) You will promptly install the latest version of the Software as instructed in the case of Updates.
6. Maintenance, Service and Support
WST is not obligated, expressed or implied, to provide any maintenance, technical or other support for the download, installation and use of the Software. However, if applicable to You, WST may, during the term of the license, at WST's sole discretion, provide You with technical or other support ("Support") in order to properly install and use the Software. WST will have no obligation to provide Support for problems caused by or arising out of the following: (i) modifications or changes or Updates to the Software; (ii) use of the Software not in accordance with the Agreement; or (iii) unexpected configurations on Your computer or Your computer's network.
7. Return Policy, Chargebacks and Auto-Renewal
All sales are final: we do not offer returns or refunds, and we do not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances.
By purchasing a license, You agree for Your credit card to be charged the indicated amount. If You do not wish to be charged, do not place the order. If You wish to dispute a charge on Your credit card, please contact us first so we may help you resolve the issue. If You do not contact us first and/or directly dispute the charge on Your credit card and we win the dispute, we will charge You $100 USD EACH time You dispute the charge and lose the dispute. Please contact us with any inquiries.
At WST's sole and final discretion, WST will refund to You the purchase price of the license if (i) You directly purchased a Software license as an individual; and (ii) You are unable to properly install the Software and activate Your license following Your purchase; and (iii) You requested and received Support from WST; and (iv) the Support does not resolve Your request within a commercially reasonable timeframe. In the event of such a refund, the amount of any applicable refund would be solely determined by WST.
Your license will not be automatically renewed and Your account will not be charged without You specifically purchasing another license for the Software. You may use the Software until the end of your then-current subscription term.
8. Intellectual Property and Infringement
The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company. The Software is protected by applicable intellectual property laws and treaties domestically and internationally. This license grants You no right, title, or interest in any intellectual property owned or licensed by WST. All rights not expressly granted to You are reserved by WST.
You acknowledge and agree that, in the event of a third party claim that the Software or Your possession or use of the Software infringes any third party's intellectual property rights You (and not WST) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify WST in writing of such a claim.
9. Third-Party Services
The Software may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that WST shall not be responsible for any such Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. WST does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
You must comply with applicable third parties' terms of agreement when using the Software. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.
10. Term and Termination
This Agreement shall remain in effect until terminated by You or WST. WST may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from WST, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your computer.
Upon termination of this Agreement, You shall cease all use of the Software and delete all copies of the Software from your computer.
Termination of this Agreement will not limit any of WST's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the Agreement.
You agree to indemnify and hold WST and its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Software; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
12. NO WARRANTIES
THE SOFTWAREIS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SOFTWARE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SOFTWAREWILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SOFTWARE; OR (IV) THAT THE SOFTWARE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
13. LIMITATION OF LIABILITY
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS OR CONTRACTORS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO USD $1.00.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
BY INSTALLATION OF THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL ITS TERMS AND CONDITIONS.
15. Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
16. Legal Compliance and Export Controls
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; (ii) You are not listed on any United States government list of prohibited or restricted parties; and (iii) You will comply with all applicable local, state, federal, and international laws.
You hereby agree that You will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the Agreement. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current "Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations)."
17. Changes to this Agreement
WST reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least one (1) calendar days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of WST. By continuing to access or use the Software after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Software.
18. Governing Law, Jurisdiction and Enforcement
The laws of the United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to other local, state, national, or international laws. Any disputes and or legal action related to this agreement shall be resolved by the laws of the State of New York in the United States and any legal proceedings shall take place as such, and its jurisdiction shall supersede any other jurisdiction of either party's election.
In the event of litigation arising from this Agreement, You must pay for WST attorney's fees and costs of litigation. For instance, in the event that WST institutes any action or suit to enforce this Agreement or to secure relief from any default or violation by You hereunder or breach hereof, or should WST need to defend itself against any legal action that You initiate, You shall reimburse WST for all costs, including reasonable attorneys' fees, incurred in connection therewith and in enforcing or collecting any judgment rendered therein. Additionally, in the event that You institute any action or suit to enforce Your rights under this Agreement, You acknowledge that You are responsible for related costs and expenses, including but not limited to reasonable attorneys' fees, and you agree and acknowledge that WST shall not reimburse you for any such costs You incurred in connection therewith and in enforcing or collecting any judgment rendered therein.
19. Entire Agreement
The Agreement constitutes the entire agreement between You and WST regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between You and WST.
You may be subject to additional terms and conditions that apply when You use or purchase WST's products and services, which we will provide to You at the time of such use or purchase.