Limitation of Liability
UNDER NO CIRCUMSTANCES, SHALL WOAMTEC® OR ANY OF ITS OWNERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, INDEPENDENT CONTRACTORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE MEMBER’S STATUS AS A MEMBER IN WOAMTEC®, ANY EVENT WHICH MAY OCCUR AT A <WOAMTEC® MEETING AT A THIRD PARTY VENDOR’S SITE, USE OF OR INABILITY TO USE THE WOAMTEC® WEB SITE, OR ANY OTHER EVENT, SITUATION OR THING THAT MAY TAKE PLACE AS A DIRECT OR INDIRECT RESULT OF A MEMBERSHIP IN WOAMTECTM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WOAMTEC® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH WOAMTEC®, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT RENEW YOUR MEMBERSHIP. YOU ACKNOWLEDGE THAT, BY BECOMING A MEMBER OF WOAMTEC®, THAT YOUR MEMBERSHIP AND PAYMENT OF MEMBERSHIP FEES IS AT YOUR SOLE RISK. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF WHAT YOU WILL GET OUT OF BECOMING A MEMBER.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF WOAMTEC® UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED SIXTY-FIVE DOLLARS ($165.00). IN THE EVENT LITIGATION IS COMMENCED WITH RESPECT TO THIS AGREEMENT, BOTH PARTIES HERETO AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE OF FLORIDA, THAT FLORIDA LAW SHALL GOVERN THIS AGREEMENT, AND THAT ANY CAUSE OF ACTION SHALL ONLY BE BROUGHT IN SEMINOLE COUNTY, FLORIDA. IN THE EVENT LITIGATION IS COMMENCED WITH RESPECT TO THIS AGREEMENT, MEMBER AGREES TO REIMBURSE WOAMTEC® FOR ITS ATTORNEYS FEES AND COSTS (INCLUDING, BUT NOT LIMITED TO, PARALEGAL FEES, COURT COSTS, DEPOITION COSTS, PRIVATE INVESTIGATOR COSTS, COPIES, POSTAGE, TRAVEL EXPENSES FOR BOTH
WOAMTEC® AND ITS ATTORNEYS, BOND FEES, AND ANY AND ALL OTHER EXPENSES INCURRED THRU APPEAL) IN THE EVENT WOAMTEC® IS SUCCESSFUL ON AT LEAST ONE OF ITS CLAIMS AND/OR DEFENSES.
WOAMTEC® reserves the right to refuse membership to any business or any person that engages in any business that would harm the reputation of WOAMTEC; that conflicts with the WOAMTEC® philosophy of faith, family, and career; or that is contrary to the goals, mission, and objectives of WOAMTEC® as determined by WOAMTEC® in its sole and absolute discretion. WOAMTEC® also reserves the right to restrict members and member businesses from promoting certain products and services that would harm the reputation of WOAMTEC®; that conflict with the WOAMTEC® philosophy of faith, family, and career; or that are contrary to the goals, mission, and objectives of WOAMTEC® as determined by WOAMTEC® in its sole and absolute discretion. Businesses or persons that will be denied membership include but are not limited to businesses and persons that engage in any business that directly or indirectly promotes illegal gambling, alcohol or substance abuse, explosives or hazardous materials, violence, sexual devices or accessories, sexual activity or clubs, obscene or pornographic material, or any illegal material or activity. Meeting dates, location, leadership and chapter name subject to change determined at the discretion of WOAMTEC Corporate and the chapter director.
Memberships are non-refundable, non-transferable and/or exchangeable. WOAMTEC® reserves the right to terminate any member’s membership at any time, in the event that WOAMTEC® finds the member disruptive to the goals, mission, and objectives of the group, as determined by WOAMTEC® in its sole and absolute discretion, or if any member is engaged in illegal or inappropriate business ventures. Chapter dates and locations may be altered based on availability and determined at the discretion of WOAMTEC®. Dates, times and meeting location subject to change based on availability and the directors discretion. Annual Recurring Billing (ARB) subscriptions require a 12-month commitment. At the end of the annual term, ARB’s automatically renewal and payments are processed on a recurring 30-day payment plan initiated at the beginning of the subscription. To cancel the subscription a 60-day notice is required by the 12-month initial subscription or any date thereafter. In the event, WOAMTEC determines it is in the best interest to the member to close a chapter, the remaining balance of the membership fees will be applied to a banner ad on the home page of the website to continue to provide the member with National advertising exposure and compensate them for their investment. By becoming a WOAMTEC® member, you authorize WOAMTEC® to publish your contact information in WOAMTEC® literature (electronic & printed) and to contact you regarding activities and topics of interest to WOAMTEC® members.