Terms & Conditions
Interpretation and Definitions
Interpretation
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.
Definitions
For the purposes of these Terms and Conditions:
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Account means a unique account created for You to access our Service or parts of our Service.
· Country refers to: Nevada, United States.
· Company (referred to as either “the Company”, “Wise”, “Wise Web Pros”, “We”, “Us” or “Our” in this Agreement) refers to Wise Website Pros, LLC, 3753 Howard Hughes Parkway, Suite 200-877, Las Vegas, Nevada 89169.
· Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
· Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
· Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
· Goods refer to the items offered for sale on the Service.
· Orders mean a request by You to purchase Goods from Us.
· Service refers to the Website or Services offered.
· Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
· Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
· Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
· Website refers to Wise Web Pros, accessible from www.wisewebpros.com
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
· Business Hours refers to office hours are 8:00am to 5:00pm Pacific Time, Monday-Friday. excludes U.S. Federal holidays.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Services (Overview)
By placing an Order for Goods or Services, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
· Service availability
· Errors in the description or prices for Services
· Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Refunds
Except when required by law, service, product or order fees are non-refundable.
Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
All services purchased are subject to a one-time payment or multiple payments. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Discover, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Some of our services have different payment plans in which we will follow the terms as defined in the service details of the invoice prepared by our sales department. The credit card billing will appear as Wise Web Pros for any purchase made within our network of websites. Please contact us at 702-777-1269 with any credit card billing questions. Insufficient funds on checks, credit card cancellations, or chargebacks will result in additional payment processing fees, delay of service order processing, or ongoing support. You agree to pay an additional $50 for processing fees.
Failure to promptly correct past due to balances will result in a late fee, and after 60 days your account may be sent to a collection agency, for which you agree to pay all handling, collection, and legal costs. Unresolved payment will also be reported to credit bureaus, Dun and Bradstreet, Experian, Equifax, Creditsafe and other business institutions.
Subscriptions
Subscription Period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscription Cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Specific Products and Services
Graphic Design Services
Graphic Design and Branding. Branding your company involves the entire process in creating a unique name and image for your products or services in the consumers’ mind. We can help accomplish this through customer graphic design work and marketing campaigns with a consistent theme. Branding aims to establish a significant and differentiated presence in the market that attracts and retains loyal customers.
Wise Web Pros offers a variety of graphic design solutions at very competitive pricing; however, all businesses are different with different needs, budgets, requests, competition, markets and goals etc. Therefore, it is not always possible to have a flat rate or one size fits all pricing model. Most of our services below are based on an hourly service and we reserve the right to re-price any initial quote once we have had our initial consultation and reviewed your needs. All quotes are for labor only, for printing and shipping quotes we can source a vendor for you based on quantities.
Stationary Design Services
Our stationery design services will provide your business or organization with a customized layout of text and pre-selected graphics into one standard size (3.5″ by 2″) business card template (full color, front and back), as well as one standard size letterhead (8.5″ x 11″) and envelope (3 7/8″ x 7 1/2″). All of these templates may be reproduced on the stock of your choice utilizing our printing services (for an additional fee), or any other printer you may wish to use. Your business card, letterhead, and envelope design may include basic contact information (name, address, telephone number, email address, etc.), or other self-defined content. Stationary design services do not include logo or additional graphic design services, and are limited to the creation of two proof samples per product, from which you may select one proof per product, per order. Additional proof samples requested will be priced at $75 each, per product. Changes to your selected proofs will be completed during the revision process and will be subject to the processes detailed below.
Included with all stationary design services is one revision opportunity, subject to the following revision schedule: requested revisions to your chosen proofs are due in writing no later than seven (7) calendar days after the initial proofs have been completed and emailed to you for review. All requested revisions to your chosen proofs must be submitted at the same time. Revisions received or requested after this seven (7) day period will be completed only after the remaining balance on the order has been paid in full, and are subject to an hourly charge of $75 an hour, paid in advance. Requested revisions to your chosen proofs are normally completed 2-5 business days after receipt. The finalized proofs will be provided to you in both PNG (Portable Network Graphics) and JPEG (Joint Photographic Expert Group) formats via email.
Business Card Design Services
Our business card design services will provide your business or organization with a customized layout of text and pre-selected graphics into one standard size (3.5″ by 2″) template (full color, front and back) which may be reproduced on the business card stock of your choice utilizing our printing services (for an additional fee), or any other printer you may wish to use. Your business card design may include basic contact information (name, address, telephone number, email address, etc.), a brief listing of services, or other self-defined content. Business card services do not include a go or additional graphic design services and are limited to the creation of two proof samples per order, from which you may select one proof. Additional proof samples requested will be priced at $75 each. Changes to your selected proof will be completed during the revision process and will be subject to the processes detailed below.
Included with all business card design services is one revision opportunity, subject to the following revision schedule: requested revisions to your chosen proof are due in writing no later than seven (7) calendar days after the initial proofs have been completed and emailed to you for review. All requested revisions to your chosen proof must be submitted at the same time. Revisions received or requested after this seven (7) day period will be completed only after the remaining balance on the order has been paid in full, and are subject to an hourly charge of $75 an hour, paid in advance. Requested revisions to your chosen proof are normally completed 2-5 business days after receipt. The finalized proof will be provided to you in both PNG (Portable Network Graphics) and JPEG (Joint Photographic Expert Group) formats via email.
Logo Design Services
Our graphic designers strive to provide you with a customized layout of text and graphics into a logo design at an affordable price that will meet your business or organization’s branding needs; however, in order to do so we require that you provide quality, comprehensive instructions as to the desired components of this design. Logo design services are limited to the creation of three proof samples per order, from which you may select one proof. Once we have a preferred logo design, we can fine tune with 2 additional revisions.
Additional proof samples requested will be priced for an additional cost. Changes to your selected proof will be completed during the revision process and will be subject to the processes detailed below.
Included with all logo design services is one revision opportunity, subject to the following revision schedule: requested revisions to your chosen proof are due in writing no later than seven (7) calendar days after the initial proofs have been completed and emailed to you for review. All requested revisions to your chosen proof must be submitted at the same time. Revisions received or requested after this seven (7) day period will be completed only after the remaining balance on the order has been paid in full, and are subject to an hourly charge of $75 an hour, paid in advance. Requested revisions to your chosen proof are normally completed 2-5 business days after receipt. The finalized proof will be provided to you in both PNG (Portable Network Graphics) and JPEG (Joint Photographic Expert Group) formats via email.
Brochure Design Services
Our brochure design services will provide your business or organization with a customized layout of text and pre-selected graphics into a tri-fold template (8.5″ x 11″) (full color, front and back) which may be reproduced on the brochure stock of your choice utilizing our printing services (for an additional fee), or any other printer you may wish to use. Your brochure design may include basic contact information (name, address, telephone number, email address, etc.), a brief listing of services, or other self-defined content. We will also provide you with up to two selections from our library of stock photography to use on your brochure design; additional selections will be priced at $25 each. Brochure design services do not include logo or additional graphic design services, and are limited to the creation of two proof samples per order, from which you may select one proof. Additional proof samples requested will be priced at $75 each. Changes to your selected proof will be completed during the revision process and will be subject to the processes detailed below.
Included with all brochure design services is one revision opportunity, subject to the following revision schedule: requested revisions to your chosen proof are due in writing no later than seven (7) calendar days after the initial proofs have been completed and emailed to you for review. All requested revisions to your chosen proof must be submitted at the same time. Revisions received or requested after this seven (7) day period will be completed only after the remaining balance on the order has been paid in full, and are subject to an hourly charge of $75 an hour, paid in advance. Requested revisions to your chosen proof are normally completed 2-5 business days after receipt. The finalized proof will be provided to you in both PNG (Portable Network Graphics) and JPEG (Joint Photographic Expert Group) formats via email.
Flyer Design Services
Our flyer design services will provide your business or organization with a customized layout of text and pre-selected graphics into one standard size (5.5″ x 8.5″, 8.5″ x 11″, 8.5″ x 14″, or 11″ x 14″) template (full color, front and back) which may be reproduced on the flyer stock of your choice utilizing our printing services (for an additional fee), or any other printer you may wish to use. Your flyer design may include basic contact information (name, address, telephone number, email address, etc.), a brief listing of services, or other self-defined content. We will also provide you with up to two selections from our library of stock photography to use on your flyer design; additional selections will be priced at $25 each. Flyer design services do not include logo or additional graphic design services, and are limited to the creation of two proof samples per order, from which you may select one proof. Additional proof samples requested will be priced at $75 each. Changes to your selected proof will be completed during the revision process and will be subject to the processes detailed below.
Included with all flyer design services is one revision opportunity, subject to the following revision schedule: requested revisions to your chosen proof are due in writing no later than seven (7) calendar days after the initial proofs have been completed and emailed to you for review. All requested revisions to your chosen proof must be submitted at the same time. Revisions received or requested after this seven (7) day period will be completed only after the remaining balance on the order has been paid in full, and are subject to an hourly charge of $75 an hour, paid in advance. Requested revisions to your chosen proof are normally completed 2-5 business days after receipt. The finalized proof will be provided to you in both PNG (Portable Network Graphics) and JPEG (Joint Photographic Expert Group) formats via email.
Design Refunds
Except when required by law, service, product or order fees are non-refundable.
Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Wise works towards 100% customer satisfaction; however, in the event cancelation is needed.
Your refund would be processed as per the chart below:
All refund requests will be fulfilled as per the following arrangement:
· If a request for a refund is made before the Initial concept delivery, you would be eligible for a Full Refund (less 10% service and processing fee).
· If a request for a refund is made within 48 hours after concept delivery, you would be eligible for a 25% refund (less 10% service & processing fee).
· No refund request will be entertained after 48 hours of your initial design delivery, however since we believe in 100% customer satisfaction you’re encouraged to contact us in case of any concern.
Please be advised that in case of no response, feedback or correspondence from the client/customer (excluding any emergency, demise or intimation) for 14 days, the associated project would be halted outright and the files would be retained in the archive folder. In order to re-commence the process, the client/ customer is liable to pay the re-registration of $150.
All refund requests should be communicated to the support department at info@wisewebpros.com . Based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis. How to claim your refund To assure your refund request is approved, please make sure you meet the following requirements:
Claim your refund specifying your concern by contacting us via any of the following three ways:
· Call (702) 777-1269
· Email info@wisewebpros.com
We will try to resolve your concern by virtue of our revision policy immediately or else will email you a refund request approval from our refund department.
After the refund, your design rights would be obtained by Wise Web Pros and you would not be able to display any version of the design sent by the company. Let us also specify that:
Since the design rights would now be transferred to the company, you agree that you will have no right (direct or indirect) to use any response or other content, work product, or media, nor will you have any ownership interest in or to the same.
Working in collaboration with the Government Copyright Agencies Wise Logo Design would share Copyright Acquisition information for the refunded designs that would restrict the re-use of the designs as original designs in the future.
If you have any questions or concerns about our Refund Policy, please contact us at info@wisewebpros.com.
Website Development
(a) Description. Wise Web Pros Service is an online service where individuals or entities that have signed up with Wise Web Pros as clients (each, a “Client”) can request specific assignments and project descriptions, including illustrative samples or other media (each, a “Creative”), revise those Creative (each, a “Revision”) and obtain responses (each, a “Revision”) to those Creative Revisions from Wise Website Development. Wise Web Pros will provide you, as the Client, the service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative, Revision and Responses, ultimately resulting in a final Response conforming to your various Creative Revision.
(b) Creative Brief and Responses. You are solely responsible for preparing detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, an email reply will be generated that will contain, and be subject to, the updates you have established for the Creative or Revision Brief. Wise Web Pros is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. Wise Web Pros may decide, in its sole discretion, to deny a Creative or Revision Brief.
(c) Reviewing Responses. When Wise Web Pros provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Wise Web Pros that the Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. If you notify Wise Web Pros that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Wise Web Pros with a Revision Brief, Wise Web Pros will provide you with a subsequent Response that conforms to the additional criteria you requested. Wise Web Pros is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner; however, Wise Web Pros reserves the right to charge a fee for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages. You may select from several Service Packages posted online.
The client will be provided with the ‘Service’ according to the Packages chosen by the Customer as detailed on the ‘Website.’ The designs, according to the ‘Services,’ will be created through the following Design process:
· Requirement Gathering
· Design Concepts
· Selection of Design
· Revision
· Feedback
· Delivery of Final Design
If the client has any design ideas or files, he/she is responsible for providing them during the requirement gathering process. If the client does not input any information or files, it will be implied that the design work relies on the input and creativity of our designers. The client is responsible for providing accurate and complete information. We are not responsible for any misinterpretation of the information caused due to inaccurate or incomplete information.
We are also liable to deny or overlook any design input or feedback by the client, if it does not comply with the work being done. The client agrees to respect the creative input of our designers, and agrees to work harmoniously with them.
Website Refunds
Except when required by law, service, product or order fees are non-refundable.
Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Wise works towards 100% customer satisfaction; however, in the event cancelation is needed.
Your refund would be processed as per the chart below:
All refund requests will be fulfilled as per the following arrangement:
· If a request for a refund is made before the Planning Step 2, you would be eligible for a Full Refund (less 10% service and processing fee).
· If a request for a refund is made within 48 hours after the Design, Step 3, you would be eligible for a 25% refund (less 10% service & processing fee).
· No refund request will be entertained after 48 hours of your initial Design delivery, however since we believe in 100% customer satisfaction you’re encouraged to contact us in case of any concern.
Please be advised that in case of no response, feedback or correspondence from the client/customer (excluding any emergency, demise or intimation) for 14 days, the associated project would be halted outright and the files would be retained in the archive folder. In order to re-commence the process, the client/ customer is liable to pay the re-registration of $450.
All refund requests should be communicated to the support department at info@wisewebpros.com. Based on the violation of your user agreement reserves the right to approve/disapprove your request on an individual case to case basis. How to claim your refund To assure your refund request is approved, please make sure you meet the following requirements:
Claim your refund specifying your concern by contacting us via any of the following ways:
· Call (702) 777-1269
· Email info@wisewebpros.com
Net 30 Account
Your due date is 30 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. If defaulted additional fees may apply.
Installments
The remaining balance of the total cost of the Products after the Down Payment is made will be paid in 30 days (NET 30). Financing and Payment Cost: The total cost of the products are detailed on the invoice. Net 30 accounts may be set up for automatic billing. Any past due invoices will be automatically billed and a late fee may apply.
Agreement
The Down Payment will be applied to the total cost of the Services and is non-refundable. Method of Payment of the Down Payment and Monthly Installments will be invoiced and due on receipt.
The Client is required to provide their preferred payment information to Wise Web Pros, LLC upon signing this Agreement. The Client agrees to promptly update Wise Web Pros, LLC in the event that there are any changes to their preferred payment information. Termination by Completion.
New 30 Account Refunds
Except when required by law, service, product or order fees are non-refundable.
Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Revision Policy
According to the Package selected by the Client, they are entitled to ask for revisions on the design work, the number of which is determined by the type of product selected. There will be no additional charge for the Revisions, provided that they are within the bounds of the package.
Delivery Policy
For every Client, the order is confirmed once the Client provides all the details and particulars, and makes the payment specified on the Payment page, using the Payment methods provided. Once the work is started, we work on the given timeline and ensure delivery of the products on the given deadline, sometimes even earlier.
Responsibilities of the User or Client
It is the responsibility of the User, Visitor, or Client, to review these Terms and Conditions, Privacy Policy, and all other policies, to understand the manner in which they may communicate or do business with the Company. The Company may change or amend any section of these Terms, Privacy Policy, and any other Policies, as we deem fit. If any of these sections are made null or void due to any reason, it will be enforced in letter.
Communication Methods
The Users, Visitors, or Clients may reach the Company for any inquiries or any point in the design phase up till delivery, through one of the following methods:
1. Email
2. Phone
· Apart from these methods, any other method is invalid.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
· Unlawful or promoting unlawful activity.
· Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
· Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
· Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
· Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
· Impersonating any person or entity including the Company and its employees or representatives.
· Violating the privacy of any third person.
· False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@wisewebpros.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
· Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
· Your address, telephone number, and email address.
· A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at info@wisewebpros.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
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 Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), 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 do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is 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 Service, 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 Service 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 Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, 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.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
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, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms 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.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- Call (702) 777-1269
- Email info@wisewebpros.com
- By mail: 3753 Howard Hughes Parkway, Suite 200-877, Las Vegas, Nevada 89169