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These Standard Terms and Conditions, along with the registration form (the “Registration Form”) attached to these Standard Terms and Conditions, constitute an agreement (the “Agreement”) between Wizbee.com LLC (“Wizbee”) and the participant identified on the Registration Form (“Participant”).
(a) Purchasing a Featured or Premium listing on our Service offers great value at favorable rates and wide exposure for Participant’s business as well as significant advantages that improve the chances of a consumer noticing Participant’s business offering. Wizbee therefore cannot generally offer refunds on fees arising from Featured and Premium listings.
(b) Wizbee will provide a refund of Featured or Premium fees only for the following reasons:
(i) A refund may be issued if Wizbee, through no fault of the Participant, fails to publish Participant’s Featured or Premium listing within ten (10) business days following the date Participant places the order for a Featured or Premium listing and such Featured or Premium listing remains unpublished as of the date Participant issues cancellation to Wizbee. (Note: Since Wizbee has ten (10) business days to publish each Featured and Premium listing, Participant may not cancel any unpublished Featured or Premium listing during the first ten (10) business days following the date Participant places the order for a Featured or Premium listing).
(ii) Wizbee cannot provide a refund for any other reason, even if Participant wants to cancel a Featured or Premium listing immediately after placing an order.
(c) A “business day” means a full 24 hour calendar day, occurring Monday through Friday, but excludes federally observed holidays and/or holidays observed by the state of Colorado.
(d) Participant agrees that all cancellation requests must be made by calling the Wizbee home office at 1-888-8WIZBEE.
(e) All merchants who purchase a Featured listing will hold first right of refusal to that listing.
5. User Feedback: Participant acknowledges and agrees that users of Wizbee's online services may be given the opportunity to provide reviews and/or feedback relating to Participant and its products or services; that some of such reviews and feedback may be positive, while other such reviews and feedback may be negative; that Wizbee cannot and does not review all such reviews and feedback, nor does Wizbee have any control over such reviews and feedback; and that under no circumstances shall Wizbee be held responsible or liable for any claims or damages arising out of any reviews or feedback.
6. Trademark License: Participant grants Wizbee a non-exclusive, royalty-free license (with a right to sublicense) to use or distribute Participant's trademarks, service marks and logos (the "Participant Marks") in connection with the performance of Wizbee's obligations under this Agreement. Should Participant find objectionable any use of the Participant Marks by Wizbee, then Participant may revoke or suspend, with respect to the objectionable use, Wizbee's rights to use the Participant Marks and Wizbee will promptly cease using the applicable Participant Marks in the manner found objectionable by Participant (except as otherwise permitted by law).
7. Term/Termination: The term of this Agreement will begin on the date indicated in the Registration Form and, unless terminated earlier in accordance with this Agreement, will continue for 30 days, 6 months (semi-annually) or 12 months (annually), automatically renewing at the end of each such period specified in the Registration Form. This Agreement will automatically renew for successive terms of the same duration as the initial term, unless either party notifies the other, in writing, of its decision not to renew at least thirty (30) days prior to the end of the then-current term. Notwithstanding anything to the contrary in this Agreement, Wizbee may terminate this Agreement at any time by providing thirty (30) days written notice to Participant. Upon termination of this Agreement, all amounts due under this Agreement that accrued on or before the termination date will become immediately due and payable. Except as otherwise provided in Section 1, this Agreement is not cancelable by Participant.
8. Participant Representations; Indemnification: Participant represents and warrants that the Listings, the Participant Marks, the Participant Information, the Participant Materials and all other materials provided by Participant (a) will not violate any applicable law, rule or regulation (including, but not limited to, any law relating to false or deceptive advertising), (b) will not be libelous and (c) will not infringe any right of any third party, including, but not limited to, any contractual right, copyright, trademark or trade secret right or any right of privacy or publicity. Participant will indemnify, defend and hold Wizbee, its affiliates and the officers, directors, employees and representatives of each of these harmless against any and all claims, expenses, losses and costs of any kind (including reasonable attorneys' fees) incurred by them in connection with (x) any breach or alleged breach by Participant of this warranty or any other provision of this Agreement, (y) any Listings, Participant Materials, the Participant Information and/or Participant Marks, and/or (z) any actions of Participant.
9. Provision of Listing Materials: Participant will, at Participant's expense, provide copy and other materials necessary for the Listings (the "Participant Materials") in accordance with Wizbee's policies in effect from time to time. Wizbee may dispose of any such materials unless acceptable prepaid return arrangements have previously been made. Participant is solely responsible for obtaining all necessary licenses for the use of the Participant Materials.
10. Marketing to Wizbee Web site Visitors: To the extent that Participant acquires consumer email addresses or other personally identifiable information ("Customer Information") from Wizbee Web site visitors who respond to Listings or who otherwise contact Participant as a result of their use of Wizbee's Web site, Participant agrees that: (a) Participant will not use such Customer Information to send or cause to be sent bulk unsolicited commercial email messages; (b) Participant will only use such information in compliance with all applicable laws and regulations, including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Telemarketing Sales Rule, 16 C.F.R. pt 310 (2004), and all other laws and regulations governing email marketing and telemarketing; and (c) Participant will protect the privacy of the consumers who disclose Customer Information using measures no less robust than those described in Wizbee's online privacy policy, as it may be amended from time to time.
11. DISCLAIMER; LIMITATION OF LIABILITY: WIZBEE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WIZBEE, ITS AFFILIATES AND THE OFFICERS DIRECTORS, EMPLOYEES AND REPRESENTATIVES OF ANY OF THESE (EACH A "COVERED PARTY") WILL NOT BE LIABLE TO PARTICIPANT FOR ANY LOSS, DAMAGE, OR EXPENSE CAUSED BY, OR ARISING OUT OF, ANY BREACH BY WIZBEE OF THIS AGREEMENT, THE MANNER IN WHICH ANY SERVICES ARE PROVIDED, THE MANNER IN WHICH ANY LISTING OR OTHER MATERIAL RELATING TO PARTICIPANT IS DISPLAYED (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS THAT MAY APPEARS IN ANY LISTING OR OTHER MATERIALS RELATING TO PARTICIPANT) OR ANY REVIEW OR FEEDBACK RELATING TO PARTICIPANT SUBMITTED BY ANY USER OF WIZBEE'S SERVICES. IN NO EVENT WILL WIZBEE OR ANY COVERED PARTY BE LIABLE TO PARTICIPANT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WIZBEE OR THE COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF WIZBEE AND THE COVERED PARTIES WILL BE LIMITED TO (I) THE AMOUNT PAID TO WIZBEE BY PARTICIPANT UNDER THIS AGREEMENT WITH RESPECT TO THE LISTINGS OR SERVICES OUT OF WHICH THE CLAIM ARISES, OR (II) (IF APPLICABLE) THE DISPLAY OF THE RELEVANT LISTING AT A LATER TIME IN A COMPARABLE POSITION, AT WIZBEE'S DISCRETION.
12. Use of Participant's Contact Information. Participant agrees that Wizbee and its affiliates may use any contact addresses and numbers, including email addresses, telephone and fax numbers, provided to Wizbee by Participant or otherwise used by Participant, to contact Participant for any customer service, business or marketing purpose.
13. Miscellaneous: The warranties, indemnification obligations, limitations of liability, licenses and ownership rights set forth above will survive the termination of expiration of this Agreement. Should any provision of this Agreement be deemed unenforceable, such provision will be restated, in accordance with applicable law, to match most closely the intentions of the parties, and the remainder of this Agreement will remain in full force and effect. All notices required by or relating to this Agreement will be in writing and will be sent by means of overnight courier or certified mail, postage prepaid, to the parties at their respective addresses set forth in the Registration Form. Notices will be deemed effective upon receipt. This Agreement constitutes the entire Agreement between the parties pertaining to its subject matter and supersedes all prior agreements relating to such subject matter. This Agreement cannot be modified except in a writing signed by both parties. In the event of any inconsistency between these Standard Terms and Conditions and any other form submitted by Participant or its advertising agency or any correspondence from Participant or its advertising agency, these Standard Terms and Conditions will control. This Agreement will be construed under the laws of the State of Colorado, without reference to its conflict of laws principles.
Visitor Agreement
Wizbee.com is provided to you by Wizbee LLC ("we" or "us"). This Visitor Agreement is a binding legal contract between you and us. Please read this Visitor Agreement; by using this service you accept its terms as well as any additional terms or conditions presented to you during the course of your use of our service. The Internet is an evolving medium; we may change the terms of this agreement from time to time.
By continuing to use the service after we post such changes, you accept this agreement, as modified. We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:
Ryan Unseth
President
3675 Jeannine Drive
Colorado Springs, CO.
Suite A
80917
PRIVACY We respect the privacy of the users of our website. Please take a moment to review our privacy policy.
INTELLECTUAL PROPERTY RIGHTS Our Limited License to You. Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through this website.
But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you're free to encourage others to access the information themselves on our website and to tell them how to find it.
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any reviews or comments, you agree that we (including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose.
You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
No Framing. You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.
Trademarks. We don't want anyone to be confused as to which materials and services are provided by us and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. Wizbee.com is a trademark of Wizbee LLC.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to Ryan Unseth, 3675 Jeannine Drive, Colorado Springs, CO, Suite A, 80917. You should only use our notification form or send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on this website. We will not respond to any other inquiries directed to us through such form or received by way of our mailing address. Such inquiries should be made via the feedback procedure described on our site.
DISCLAIMERS. We work hard to make this website a useful place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.
Use at Your Own Risk. We provide the material available through this website for informational purposes only. You may only use the material and the services available through this website for your personal and non-commercial use. We try to ensure that information we post to this site is both timely and accurate, and that the services offered are reliable. Yet despite our efforts, errors may occur from time to time. Before you act on any information you've found on our site, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. Many of the business listings and other materials available on this site are posted by third-party advertisers. We cannot and do not review every business listing or posting made in other areas available for public postings. Nor do we take steps to confirm the accuracy of any listings or postings submitted by advertisers or other third parties. You may well read any given listing or posting before anyone on our staff does.
No Endorsements. We are not responsible for, and cannot guarantee the quality, safety or performance of, goods and services provided by our advertisers or by others who advertise on sites that we link to. A business listing on our site does not constitute our endorsement of the business featured in the listing or of any product, service or other material offered through such business. Similarly, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this website through which you can directly interact with others, such as email services, reviews and user-submitted advertising, and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or Wizbee, LLC and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
We will comply with the requirements of the law regarding disclosure of any messages to others, and we may disclose messages in response to requests from law enforcement agencies without prior notice to the affected Communication Service user.
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Spam . We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $5 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses . Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
Indemnity . You agree to indemnify and hold us and our affiliates, agents and licensors, harmless from any claim that may arise from your use of any Communication Service available through this website.
MISCELLANEOUS
Jurisdiction. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Colorado. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Colorado Springs , Colorado in all disputes arising out of or relating to this agreement or this website.
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that you will register only if you are 18 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.