Terms of Use

1. Acceptance of the Terms 

The following Terms of Use (“Terms”) govern all access and use of the website (https://webwiskee.com/) or other related online or offline services (collectively, the “Services”) that are offered by WebWiskee LLC (“WebWiskee,” “we,” “us,” or “our”). This includes, but is not limited to, any electronic content, functionality, features, and applications provided through the Services (collectively, “Materials”). By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our posted Privacy Policy, which is incorporated into these Terms by reference.

These Terms apply to all users of the Services. In these Terms, we refer to users of the WebWiskee Services as “you“, “your” and “User”.  By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms. Note that if you have a business relationship with us, the contractual terms of that relationship shall remain in place, and the Terms of Use and Privacy Policy supplement the contractual terms, and if there is a conflict between these teams and any contractual terms, the contractual terms will control with respect to the specific content, service, or feature. If you’re using the Services for or on behalf of an organization, you are agreeing the Terms on behalf of that organization, and you represent and warrant that you can do so.

WebWiskee maintains these Services to provide you with information about WebWiskee, our products and services, and to facilitate communications with us. Your access to or use of the Services may be terminated if you violate these Terms.  We reserve the right to seek all remedies available by law and in equity for such violations. Any rights not expressly granted herein are reserved. 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS REQUIRE USERS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO ARBITRATION, OR WITH ANY OTHER TERM IN THESE TERMS, OR ARE UNDER EIGHTEEN (18) YEARS OR AGE OR A MINOR IN YOUR STATE OF RESIDENCE, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES. 

2. Updates to the Terms

WebWiskee may update the Terms at any time without notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. When we change the Terms in a material manner, we will note the update as “last modified on MM/DD/YYYY” of the Terms, as applicable. Your continued access or use of any Services following the posting and/or distribution of a revised, updated, or changed version of the Terms will mean that you agree to the revised, updated, and/or changed Terms. Please check back periodically to review any changes to these Terms.

3. User Account. 

In order to access and use certain sections and features of the Services, you must first register and create an account with WebWiskee (“User Account”). The online and other platforms created by Users are collectively referred to herein as (“User Platform(s)”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the WebWiskee Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You agree to notify us immediately of any unauthorized use of your User Account. You are responsible for anything that happens through your User Account prior to closing it or our actual receipt of your reporting misuse to us.  

You must provide accurate and complete information when registering your User Account and use the Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without us having liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

4. Your Responsibility for Your Content

By using the Services, you understand that you are solely responsible for any graphics, photographs, video, images, text, and other information and content, or hyperlinks to any of the foregoing, that you provide, post, upload, publish, transmit or distribute on or through the Services (“Your Content”). WebWiskee does not own Your Content, and you, not WebWiskee, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of Your Content. You represent and warrant that (a) Your Content and WebWiskee’s use thereof will not violate any federal, state or local law, regulation ordinance, court order, or other legal process (“Applicable Law”), or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights; and (b) Your Content is accurate and truthful.

5. Your Sites and Your End Users Are Your Responsibility 

Your Sites may have their own visitors, customers and users (“End Users”). You understand and agree that (a) Your Sites and your End Users are your responsibility; (b) you’re solely responsible for providing products, services and support to your End Users; (c) you’re solely responsible for compliance with any laws or regulations related to Your Sites and/or your End Users; and (d) your ability to create, share or otherwise operate Your Sites may be limited by the extent to which Your Sites include Licensed Content. We’re not liable for, and won’t provide you with any legal advice regarding Your Sites or your End Users. 

6. Our Right to Use Your Content

By providing Your Content on or through the Services, you grant to WebWiskee and our affiliates and third-party service providers a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to use Your Content in connection with any related services or features, and to perform any other actions authorized or instructed by you in writing (e-mail to suffice). Insofar as Your Content includes User Data, we will use such User Data only as such use complies with applicable data protection laws and in accordance with our Privacy Policy. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove all or part, analyze, commercialize, and prepare derivative works of Your Content. WebWiskee does not guarantee any confidentiality with respect to any of Your Content. We do not claim any ownership rights in Your Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit Your Content. 

7. Our Right to Remove Content

We have the absolute right to remove or disable access to any content on the Services as needed to (a) operate, secure and improve the Services (including without limitation for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Users’ compliance with the Terms (or any WebWiskee policy), Applicable Law, or an order or requirement of a court, law enforcement, or other administrative agency or governmental body; or (c) as otherwise set forth in this Agreement. If we become aware of any content posted via the Services that allegedly violates this Agreement, we may investigate the allegation and determine in our sole discretion whether to act, but have no liability or responsibility to you to do so. You agree to cooperate with us in good faith, as we may reasonably request, in any investigation we choose to undertake with respect to Your Content. 

8. Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with these Terms and our Privacy Policy. The Services contain Materials owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Services. Except as provided herein, or with our express prior written permission, none of the information and Materials provided by the Services may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes. Trademarks and service marks that may be referred to in the Services are the property of WebWiskee or its respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. 

9. Infringing Content

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available through the Services infringe your copyright, you or a company representative may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send WebWiskee a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/dmca/  for details.  

Please provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit WebWiskee to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Notices and counter-notices must be sent in writing to WebWiskee’s DMCA agent by e-mail to legal@webwiskee.com. Once this procedure has been followed, we will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time. We may also at its sole discretion limit access to the Services and/or terminate the accounts of Users who infringe any intellectual property rights of others.

10. Prohibited or Unlawful Use

In order to maintain an informative and valuable service for the Users of the Services, the following rules have been established to protect against abuse. As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, and may not, for example: (i) attempt for any reason whatsoever to use or gain unauthorized access to data, accounts, hosts, servers, systems, or networks of the Services, including but not limited to with the intent to probe, scan or test the vulnerability of a system or network of the Services, or those of any other party; (ii) interfere with service to any User, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system; (iii) falsify address information or otherwise modify e-mail headers to conceal the sender’s, or the recipient’s, identity; or (iv) use the Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider. Note that these examples of unacceptable conduct are not intended to be an all-inclusive list and use of the Services in any manner that is unlawful or which could damage, disable, overburden or impair us or the Services is strictly prohibited. We may cooperate with U.S. government and law enforcement officials if any unlawful activity is suspected. Violations may result in liability and revocation of access to the Services.

Access to, and use of, password protected and/or other secure areas of the Services is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Services may be subject to prosecution.

11. Suggestions and Feedback

We do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you. 

Any feedback you submit to us will be considered non-confidential and non-proprietary to you. You irrevocably waive and cause to be waived, against us or our Users, any claims and assertions of any moral rights contained in such feedback.

12. Links to or From Our Services

Unless we agree otherwise in writing: (1) any link to our Services must be clearly marked with our website address; (2) the appearance, position and other aspects of the link may not damage or dilute the goodwill associated with our names and trademarks; (3) the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; (4) when selected by a User, the link must display the Services on a full-screen and not within a “frame” on the linking website; and (5) we reserve the right to revoke this consent to link at any time in our sole discretion.

Our Services may contain links to third party sites. Access to any other Internet site provided in the Services is at the User’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on those other site(s). We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation, or approval. If you decide to visit, or transact business at, any linked site, then you do so at your own risk and it is your responsibility to take all protective measures. The third party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.

13. Service Fees

A. Paid Services

The use of certain Services may be subject to payment of particular fees, as determined by Webwiskee in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Webwiskee will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

WebWiskee reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, WebWiskee shall have the right to automatically and without notice renew your subscription to such Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by WebWiskee. To the extent permitted by law (and unless specified otherwise by WebWiskee in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If WebWiskee is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). WebWiskee is not responsible for any such additional fees or costs charged by third parties.

As part of registering or submitting information to receive Paid Services, you also authorize WebWiskee (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment  and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries WebWiskee or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

You must keep a credit card stored with WebWiskee to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

B. Receipts by Email

WebWiskee will issue a receipt for any payment of Fees made to or by WebWiskee (“Receipt”). Each Receipt will be issued in electronic form and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Receipt, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that to the extent the Receipt may be inadequate with your local law requirements, in such case it may be used for pro forma purposes only. 

C. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal by default, according to which such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes, changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, WebWiskee will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences.  However, in the case of your initial account purchase which may have been for an introductory fee (e.g. $1) for an introductory period (e.g. 14 days) then the automatic renewal shall be for the subscription period initially chosen by you and the automatic renewal charge will occur on or after the first day after the end of the introductory period (e.g. the 15^th day in the case of a 14-day introductory period).  In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, WebWiskee will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against WebWiskee in relation to the discontinuation of any WebWiskee Services or Third Party Services, for whatever reason.D. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your WebWiskee account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the WebWiskee Services may be automatically disabled or terminated. 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss.

Your use of the WebWiskee Services will not resume until you re-subscribe for any such WebWiskee Services, and pay any applicable Fees in full, including any fees and expenses incurred by WebWiskee and/or any Third Party Services for each Chargeback received (including Fees for WebWiskee Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to WebWiskee, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the WebWiskee Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the WebWiskee Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

14. Cancellation 

A. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any WebWiskee Services at any time, in accordance with the instructions available on the WebWiskee Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the WebWiskee Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

For more information about cancelling your Paid Services, please visit the WebWiskee Help Center.

B. Cancellation by WebWiskee

Failure to comply with any of the WebWiskee Terms and/or to pay any due Fee shall entitle WebWiskee to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related WebWiskee Services (e.g., Paid Services) Third Party Services to you. 

C. Loss of Data, Content and Capacity

If your User Account or any WebWiskee Services or Third Party Services related to your User Account are cancelled (whether at your request or at WebWiskee’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). WebWiskee shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any WebWiskee Services following their cancellation, as determined by WebWiskee in its sole discretion.

15. E-Commerce 

A. General

The WebWiskee Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through a third-party payment service provider (“Payment Provider(s)”).

B. Payment Providers

Any account connected to other Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers. If you do not wish to keep any Payment Provider active, it is your responsibility to deactivate them.C. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 

2. Any Taxes indicated by the E-Commerce features, if any, are provided to you by WebWiskee, solely for illustration purposes, and may not be relied on in any way;

3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and

5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

6. WebWiskee may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

16. Privacy, User Data, and Anonymized Data 

Certain parts of the WebWiskee Services (including certain Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Services, WebWiskee and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

A  User Data 

On certain areas of the WebWiskee Services, you may be given the ability to provide WebWiskee with personal information (“User Data”). You and WebWiskee recognize that this Agreement is subject to, and intended to comply with, all Applicable Law relating to the use, collection, retention, storage, security, disclosure, transfer, sale, or other processing of User Data. Please read the WebWiskee Privacy Policy for more information about WebWiskee’s User Data collection and use practices. 

B  De-Identified or Anonymized Data

WebWiskee may collect, analyze and use De-Identified Data and/or aggregate data to (a) analyze, improve, market or develop the products and services or new products and services; (b) train predictive models; (c) conduct research, and; (d) inform our marketing and advertising campaigns. “De-Identified Data” means any data, including but not limited to User Data, usage data or other data generated from Users’ use of the Services, from which all personal information, including direct and indirect identifiers, has been removed or obscured so that the remaining information does not reasonably identify an individual, and for which WebWiskee has implemented technical safeguards and business processes to prohibit the reidentification of such data. For clarity and without limitation, De-Identified Data will not be deemed “User Data,” and nothing in your Agreement will limit WebWiskee’s right, both during and after the term of the Agreement, to use, store, transmit, modify, copy, display, sublicense and create derivative works from De-Identified Data.

17. Dispute Resolution 

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION FOR USERS IN THE UNITED STATES, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

By using the Services, you agree that these Terms and our Privacy Policy are subject to, and shall be construed and enforced in accordance with, the laws of the state of California without regard to its choice of law principles. This is the case regardless of whether you reside or transact business or view the Services in California or elsewhere. 

A  Initial Dispute Resolution 

We are available by e-mail at legal@webwiskee.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 

B  Agreement to Binding Arbitration

If we do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated, then either you or we may initiate binding arbitration. All claims arising out of or relating to the Terms (including its formation, performance and breach), the scope of this arbitration clause, the parties’ relationship with each other and/or your use of the WebWiskee  Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (“AAA”), in accordance with the AAA Arbitration Rules and Procedures, as modified herein, and excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the AAA Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to, any claim that all or any part of the Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), and the claim is found to be non-frivolous, we will pay the additional cost. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. 

You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery and appeal, among others, may be more limited in arbitration than in court. 

C  Class Action and Class Arbitration Waiver

You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. 

18. Use Outside the United States 

The Services are controlled and administered by WebWiskee in the United States of America. We make no representations that the Services are appropriate or available for use at locations outside the United States. If you access this site from locations outside of the United States, then you are responsible for your compliance with all applicable laws.

19. Indemnification  

You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.

20. Disclaimer

Although we endeavors to provide accurate information through the Services, neither we nor our officers, directors, shareholders, employees, agents or representatives warrant that the Services will be uninterrupted or error-free. While we will use reasonable effort to maintain the availability of the Services, there is no guarantee that they will be complete, up-to-date, or available at all times. 

We use commercially reasonable efforts to monitor and remove Users or End Users who violate this Agreement, but have no obligation to monitor Users and disclaim any representation, warranty or undertaking in relation to the truthfulness, accuracy or reliability of the content provided by Users or End Users.

YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH THE USE OR DOWNLOADING OF MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF YOU ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES) THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.

21. Events Beyond Our Control

We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include, but is not limited to, where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

22. Miscellaneous

These Terms constitute the complete and exclusive statement of the agreement between you and us, and supersede all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WebWiskee as a result of these Terms or your use of the Services. Additionally, our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Furthermore, the section titles in these Terms are for convenience only and have no legal or contractual effect.

23. Contact Information

Reports of any activity in violation of these Terms should be sent to the address shown below. For all questions, complaints, and general comments, please contact us via e-mail at legal@webwiskee.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with WebWiskee. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

These Terms of Use were last updated on October 11, 2022.