WiseChoice
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Terms of Use
Contents of Terms of Use Agreement (“Terms”).
In these Terms, You will find the following:
In these Terms, You will find the following:
- 1. Introduction
- 2. Note to Parents and Guardians of Children Under 13
- 3. Acceptance of Terms Through Use
- 4. Modifications, Discontinuance, and Amendments
- 5. Notices
- 6. Scholarships and Awards, Financial Aid, and Admissions
- 7. Privacy
- 8. Registering and Utilizing a User Name and Password
- 9. Prohibited Uses Under Your User Name and Password
- 10. Other Prohibited Uses
- 11. WiseChoices Right to Terminate Use of Site
- 12. Refunds
- 13. Permitted Use of Software
- 14. U.S. Export Controls
- 15. Use of Content and Content Ownership
- 16. Compliance with Laws
- 17. User Assumption of Risk, Duty to Investigate, and Any Damage or Loss
- 18. Disclaimer of Warranties
- 19. Disclaimer of Liability
- 20. Affiliate Sites and Third-Party Links
- 21. Indemnification
- 22. Arbitration
- 23. Choice of Law and Forum
- 24. Referrals and Gift Memberships
- 25. Trademarks
- 26. Copyright
- 27. Miscellaneous
1. Introduction
This online service is provided by WiseChoice Brands, LLC (“WiseChoice”), to the person(s) (“You” or “Your”) using the website located at www.wisechoice.com and/or any services provided in connection with the website (hereinafter, the Site and Services are referred to collectively as “the Site” or “Site”). WiseChoice may be referred to herein as “WiseChoice”, “We”, “Us”, or “Our”.
The content of the WiseChoice Site is intended for educational purposes only. The content is not intended to, and does not, constitute legal or financial advice.
2. Note to Parents and Guardians of Children Under 13
We are a general audience Site. We do not direct any of our content specifically at children less than 13 years old. You must be at least 18 years old to use this Site; or You must be at least 13 years old and be using the Site with the approval of, and under the supervision of, a parent and/or guardian.
WiseChoice does not knowingly collect personal information from children under 13 years old. If We learn, or have reason to suspect, that a Site user is under the age of 13, We will promptly delete any personal information in that user's Account.
We are a general audience Site. We do not direct any of our content specifically at children less than 13 years old. You must be at least 18 years old to use this Site; or You must be at least 13 years old and be using the Site with the approval of, and under the supervision of, a parent and/or guardian.
WiseChoice does not knowingly collect personal information from children under 13 years old. If We learn, or have reason to suspect, that a Site user is under the age of 13, We will promptly delete any personal information in that user's Account.
3. Acceptance of Terms Through Use
These Terms constitute a binding agreement between You and Us. By accessing or using the Site, You agree to these Terms and any operating rules or policies that may be published from time-to-time by WiseChoice. You further agree that any person who uses the Site under Your Account and with Your Password does so with Your authorization. For any such use of the Site, You agree to be legally bound by the actions taken, and agreements made, under Your Account. You further agree that WiseChoice may enforce such agreements or actions against You, whether made or undertaken by You directly, or with Your Account information and Password.
You also agree that WiseChoice, or its representatives, may access Your Account and records to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site. WiseChoice does not intend to disclose the existence or occurrence of such an investigation unless permitted or required by law.
These Terms constitute a binding agreement between You and Us. By accessing or using the Site, You agree to these Terms and any operating rules or policies that may be published from time-to-time by WiseChoice. You further agree that any person who uses the Site under Your Account and with Your Password does so with Your authorization. For any such use of the Site, You agree to be legally bound by the actions taken, and agreements made, under Your Account. You further agree that WiseChoice may enforce such agreements or actions against You, whether made or undertaken by You directly, or with Your Account information and Password.
You also agree that WiseChoice, or its representatives, may access Your Account and records to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site. WiseChoice does not intend to disclose the existence or occurrence of such an investigation unless permitted or required by law.
4. Modifications, Discontinuance, and Amendments
To the extent not prohibited by applicable law, WiseChoice reserves the right to modify or discontinue, temporarily or permanently, any part of the Site for any reason, at its sole discretion, with or without notice to You.
WiseChoice may also amend these Terms from time to time in its sole discretion. The effective date of the Terms is disclosed in the Terms heading. You agree to review these Terms each time You access or use the Site. Your continued use of the Site after a posted Terms effective date constitutes Your acknowledgement of, and agreement to, the Terms as amended. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.
To the extent not prohibited by applicable law, WiseChoice reserves the right to modify or discontinue, temporarily or permanently, any part of the Site for any reason, at its sole discretion, with or without notice to You.
WiseChoice may also amend these Terms from time to time in its sole discretion. The effective date of the Terms is disclosed in the Terms heading. You agree to review these Terms each time You access or use the Site. Your continued use of the Site after a posted Terms effective date constitutes Your acknowledgement of, and agreement to, the Terms as amended. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE.
5. Notices
By using this Site, You agree to receive communications from Us either electronically or via text messages, and in accordance with the desired preferences indicated during Your registration process (see Registering and Utilizing a User Name and Password). You agree that any notice, agreement, disclosure, or other communication that We send You electronically or otherwise will, to the extent not prohibited by applicable law, satisfy any legal communication requirements, including that such communications be in writing.
By using this Site, You agree to receive communications from Us either electronically or via text messages, and in accordance with the desired preferences indicated during Your registration process (see Registering and Utilizing a User Name and Password). You agree that any notice, agreement, disclosure, or other communication that We send You electronically or otherwise will, to the extent not prohibited by applicable law, satisfy any legal communication requirements, including that such communications be in writing.
6. Scholarships and Awards, Financial Aid, and Admissions
Your use of the Site, as well as Your submission of any applications, profiles or forms DOES NOT qualify You for: (a) any scholarships and/or awards; (b) any financial aid; or (c) any admissions to schools, universities, or educational institutions. Your eligibility will be determined by Your individual financial situation and/or the opinion of external agencies (e.g., scholarship providers, schools, lenders, and the United States Department of Education), among others.
Searching for scholarships and/or awards, financial aid, admissions to schools, universities, or educational institutions and/or utilizing the features of the Site does not guarantee any scholarships and/or awards, financial aid, or admissions to schools, universities, or other educational institutions.
In addition, specific scholarships and/or awards, financial aid, or admissions to schools, universities, or educational institutions may have been previously granted or awarded at the time You submit a profile or an application; or Your application may be determined to be outside of the eligibility requirements determined by the entities providing or sponsoring the awards and/or scholarships, financial aid, or evaluating Your qualifications for admission.
REGARDLESS OF WHETHER ANY THIRD-PARTY WEBSITE IS LINKED TO FROM THE SITE, WISECHOICE HAS NO CONTROL OVER, AND NO LIABILITY FOR THE ACTIONS OF ANY THIRD-PARTY: (A) SCHOLARSHIP AND/OR AWARD, OR OTHER FUND PROVIDERS; (B) FINANCIAL AID, OR OTHER FUND PROVIDERS; OR (C) SCHOOL, UNIVERSITY, OR EDUCATIONAL INSTITUTION.
Your use of the Site, as well as Your submission of any applications, profiles or forms DOES NOT qualify You for: (a) any scholarships and/or awards; (b) any financial aid; or (c) any admissions to schools, universities, or educational institutions. Your eligibility will be determined by Your individual financial situation and/or the opinion of external agencies (e.g., scholarship providers, schools, lenders, and the United States Department of Education), among others.
Searching for scholarships and/or awards, financial aid, admissions to schools, universities, or educational institutions and/or utilizing the features of the Site does not guarantee any scholarships and/or awards, financial aid, or admissions to schools, universities, or other educational institutions.
In addition, specific scholarships and/or awards, financial aid, or admissions to schools, universities, or educational institutions may have been previously granted or awarded at the time You submit a profile or an application; or Your application may be determined to be outside of the eligibility requirements determined by the entities providing or sponsoring the awards and/or scholarships, financial aid, or evaluating Your qualifications for admission.
REGARDLESS OF WHETHER ANY THIRD-PARTY WEBSITE IS LINKED TO FROM THE SITE, WISECHOICE HAS NO CONTROL OVER, AND NO LIABILITY FOR THE ACTIONS OF ANY THIRD-PARTY: (A) SCHOLARSHIP AND/OR AWARD, OR OTHER FUND PROVIDERS; (B) FINANCIAL AID, OR OTHER FUND PROVIDERS; OR (C) SCHOOL, UNIVERSITY, OR EDUCATIONAL INSTITUTION.
7. Privacy
For information about WiseChoice's privacy policies, please see WiseChoice's Website Privacy Notice, which is incorporated by reference into these Terms. By accessing the Site, You acknowledge Your receipt of, and agreement to the terms of the Website Privacy Notice.
The Site may offer message boards, conversation pages, chat rooms, profile pages, and other public forums. Any information You provide on such boards, pages, chat rooms, profile pages or other public forums may be accessible to the public. You should exercise caution when providing such information. Please refer to WiseChoice's Website Privacy Notice for further details.
For information about WiseChoice's privacy policies, please see WiseChoice's Website Privacy Notice, which is incorporated by reference into these Terms. By accessing the Site, You acknowledge Your receipt of, and agreement to the terms of the Website Privacy Notice.
The Site may offer message boards, conversation pages, chat rooms, profile pages, and other public forums. Any information You provide on such boards, pages, chat rooms, profile pages or other public forums may be accessible to the public. You should exercise caution when providing such information. Please refer to WiseChoice's Website Privacy Notice for further details.
8. Registering and Utilizing a User Name and Password
When registering on the Site, You will be asked to provide a User Name and Password, among other pieces of non-public personal information. See Privacy Notice for additional information. By providing this information, You agree that all information entered by You, about You, and otherwise provided under Your User Name and Password is true, accurate, and current, and that You will update any information that becomes untrue, inaccurate or out-dated.
You are solely responsible for maintaining the confidentiality of Your User Name and Password and for any and all activities that occur under Your Password or Account. You agree to immediately notify WiseChoice of any unauthorized access to or use of Your Account, User Name or Password or any other breach of Site security known to You.
When registering on the Site, You will be asked to provide a User Name and Password, among other pieces of non-public personal information. See Privacy Notice for additional information. By providing this information, You agree that all information entered by You, about You, and otherwise provided under Your User Name and Password is true, accurate, and current, and that You will update any information that becomes untrue, inaccurate or out-dated.
You are solely responsible for maintaining the confidentiality of Your User Name and Password and for any and all activities that occur under Your Password or Account. You agree to immediately notify WiseChoice of any unauthorized access to or use of Your Account, User Name or Password or any other breach of Site security known to You.
9. Prohibited Uses Under Your User Name and Password
You may not use the Site in violation of any applicable laws or regulations or in a manner that will infringe the rights of others. You are also prohibited from using the Site to:
(a) Register for a User Name or Password that reflects bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially or otherwise offensively driven material;
(b) Defame, abuse, harass, threaten, or invade the privacy of another person and/or entity, school, university, institution, financial institution, or any other entity;
(c) Upload, download, or post any material, including photographs or videos, that are of a personal nature and reflect bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially or otherwise offensively driven material;
(d) Engage in any act or submission that is bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially insensitive or otherwise offensive; or
(e) Engage in any act or the submission of any information or material that could damage, disable or overburden the Site.
You may not use the Site in violation of any applicable laws or regulations or in a manner that will infringe the rights of others. You are also prohibited from using the Site to:
(a) Register for a User Name or Password that reflects bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially or otherwise offensively driven material;
(b) Defame, abuse, harass, threaten, or invade the privacy of another person and/or entity, school, university, institution, financial institution, or any other entity;
(c) Upload, download, or post any material, including photographs or videos, that are of a personal nature and reflect bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially or otherwise offensively driven material;
(d) Engage in any act or submission that is bigoted, hateful, violent, vulgar, obscene, pornographic, sexually explicit, racially insensitive or otherwise offensive; or
(e) Engage in any act or the submission of any information or material that could damage, disable or overburden the Site.
10. Other Prohibited Uses
You are prohibited from violating or attempting to violate any security features of the Site including, without limitation:
(a) Accessing content or data not intended for You, or logging onto a server or Account that You are not authorized to access;
(b) Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) Interfering, or attempting to interfere, with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, “overloading”, “flooding”, “spamming”, “mail bombing”, or “crashing”;
(d) Using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
(f) Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WiseChoice in providing the Site; or
(g) Impersonating, or attempting to impersonate, another person or entity, or misrepresenting Your identity or affiliation with any other person or entity, including, but not limited to, using another persons name, User Name, Password, Account information, likeness, voice, image or photograph.
Any violation, or attempted violation of the system or network security may subject You to civil and/or criminal liability.
You are prohibited from violating or attempting to violate any security features of the Site including, without limitation:
(a) Accessing content or data not intended for You, or logging onto a server or Account that You are not authorized to access;
(b) Attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) Interfering, or attempting to interfere, with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, “overloading”, “flooding”, “spamming”, “mail bombing”, or “crashing”;
(d) Using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site;
(f) Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by WiseChoice in providing the Site; or
(g) Impersonating, or attempting to impersonate, another person or entity, or misrepresenting Your identity or affiliation with any other person or entity, including, but not limited to, using another persons name, User Name, Password, Account information, likeness, voice, image or photograph.
Any violation, or attempted violation of the system or network security may subject You to civil and/or criminal liability.
11. WiseChoices Right to Terminate Use of Site
We may terminate Your access to the Site at any time for one or more of the following reasons:
(a) You violate, or attempt to violate, the prohibited use provisions in these Terms;
(b) You violate, or attempt to violate, applicable law;
(c) You otherwise breach any portion of these Terms;
(d) If any information You provide is untrue, inaccurate, not current or incomplete; or
(e) For any reason in WiseChoices sole discretion.
You agree that, to the extent not prohibited by applicable law, if We terminate your access to the Site for cause, you will not be entitled to a refund of any amount paid.
You also agree that WiseChoice may restrict or terminate Your Password, Account, or use of the Site in its sole discretion for any or no reason, without notice and without liability to You or any third-party.
We may terminate Your access to the Site at any time for one or more of the following reasons:
(a) You violate, or attempt to violate, the prohibited use provisions in these Terms;
(b) You violate, or attempt to violate, applicable law;
(c) You otherwise breach any portion of these Terms;
(d) If any information You provide is untrue, inaccurate, not current or incomplete; or
(e) For any reason in WiseChoices sole discretion.
You agree that, to the extent not prohibited by applicable law, if We terminate your access to the Site for cause, you will not be entitled to a refund of any amount paid.
You also agree that WiseChoice may restrict or terminate Your Password, Account, or use of the Site in its sole discretion for any or no reason, without notice and without liability to You or any third-party.
12. Refunds
We offer a 30-day money back guarantee for those paying users of WiseChoice who wish to close all associated accounts before midnight of the 30th day following the day You pay for the WiseChoice services. For 30 days after You pay, You may close Your account and receive a refund for any reason. We would like You to tell Us the reason for Your account closure for Our own research purposes, but it is not required. After processing Your request to cancel, all accounts associated with You will be terminated and Your money will be refunded. Such refund shall be provided to You within ten (10) business days after WiseChoice's receives Your request to close Your associated account(s).
We offer a 30-day money back guarantee for those paying users of WiseChoice who wish to close all associated accounts before midnight of the 30th day following the day You pay for the WiseChoice services. For 30 days after You pay, You may close Your account and receive a refund for any reason. We would like You to tell Us the reason for Your account closure for Our own research purposes, but it is not required. After processing Your request to cancel, all accounts associated with You will be terminated and Your money will be refunded. Such refund shall be provided to You within ten (10) business days after WiseChoice's receives Your request to close Your associated account(s).
13. Permitted Use of Software
WiseChoice may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to You by WiseChoice or third-party licensors, for Your personal, noncommercial, home use only. WiseChoice does not transfer either the title or the intellectual property rights to the Software, and WiseChoice retains full and complete title to the Software, as well as all intellectual property rights therein. You may not sell, distribute, reproduce, or otherwise exploit the Software, nor may You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by WiseChoice or its licensors or licensees and You may not copy or use them in any manner.
WiseChoice may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to You by WiseChoice or third-party licensors, for Your personal, noncommercial, home use only. WiseChoice does not transfer either the title or the intellectual property rights to the Software, and WiseChoice retains full and complete title to the Software, as well as all intellectual property rights therein. You may not sell, distribute, reproduce, or otherwise exploit the Software, nor may You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by WiseChoice or its licensors or licensees and You may not copy or use them in any manner.
14. U.S. Export Controls
Any software available on the Site is subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.
Any software available on the Site is subject to U.S. export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws.
15. Use of Content and Content Ownership
The information, materials, functions and other content of the Site, including their “look and feel” and including, but not limited to, text, graphics, images, logos, and button icons, editorial content, notices, software (including html-based computer programs), and other material and the compilation of all such content on the Site are protected under both United States and foreign copyright, patent, trademark, and other applicable laws. Such contents, the Site and all rights therein are, shall at all times remain the sole and exclusive property of WiseChoice or its affiliates and/or their respective licensors or licensees, and WiseChoice may change the Site or features of the Site at any time, in any way, for any or no reason.
The Site is proprietary and confidential to WiseChoice. You agree to use the Site solely for Your own personal, non-commercial purposes, provided that You do not change or delete any proprietary notices from downloaded or printed materials. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes the Site or any information or technology obtained from the Site or to assist or permit any third-party to do so.
You agree that, to the extent not prohibited by applicable law, WiseChoice and its related companies are free to use any comments or other materials You provide, in any form, without notice, compensation, or acknowledgement to You, for any purpose whatsoever, including but not limited to modifying the Site and developing and marketing products and services, as any such information is the exclusive property of WiseChoice.
The information, materials, functions and other content of the Site, including their “look and feel” and including, but not limited to, text, graphics, images, logos, and button icons, editorial content, notices, software (including html-based computer programs), and other material and the compilation of all such content on the Site are protected under both United States and foreign copyright, patent, trademark, and other applicable laws. Such contents, the Site and all rights therein are, shall at all times remain the sole and exclusive property of WiseChoice or its affiliates and/or their respective licensors or licensees, and WiseChoice may change the Site or features of the Site at any time, in any way, for any or no reason.
The Site is proprietary and confidential to WiseChoice. You agree to use the Site solely for Your own personal, non-commercial purposes, provided that You do not change or delete any proprietary notices from downloaded or printed materials. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes the Site or any information or technology obtained from the Site or to assist or permit any third-party to do so.
You agree that, to the extent not prohibited by applicable law, WiseChoice and its related companies are free to use any comments or other materials You provide, in any form, without notice, compensation, or acknowledgement to You, for any purpose whatsoever, including but not limited to modifying the Site and developing and marketing products and services, as any such information is the exclusive property of WiseChoice.
16. Compliance with Laws
You agree to comply with all applicable local, state, federal, and international laws and regulations, and any rules or policies that WiseChoice may be published from time to time.
You agree to comply with all applicable local, state, federal, and international laws and regulations, and any rules or policies that WiseChoice may be published from time to time.
17. User Assumption of Risk, Duty to Investigate, and Any Damage or Loss
BY USING THE SITE, YOU ASSUME: (I) THE DUTY TO INVESTIGATE THE ACCURACY, COMPLETENESS, AND AVAILABILITY OF ANY SCHOLARSHIP OR AWARD IDENTIFIED ON THE SITE; (II) THE RISK THAT THE INFORMATION PROVIDED BY A THIRD-PARTY SCHOLARSHIP OR AWARD PROVIDER IS INACCURATE OR INCOMPLETE; AND (III) THE RISK OF ANY DAMAGE OR LOSS ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE.
BY USING THE SITE, YOU ASSUME: (I) THE DUTY TO INVESTIGATE THE ACCURACY, COMPLETENESS, AND AVAILABILITY OF ANY SCHOLARSHIP OR AWARD IDENTIFIED ON THE SITE; (II) THE RISK THAT THE INFORMATION PROVIDED BY A THIRD-PARTY SCHOLARSHIP OR AWARD PROVIDER IS INACCURATE OR INCOMPLETE; AND (III) THE RISK OF ANY DAMAGE OR LOSS ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE.
18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISECHOICE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHER WEBSITES ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WISECHOICES SITE, INCLUDING THIRD-PARTY SITES OR SERVICES LINKED TO FROM WISECHOICEs SITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISECHOICE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHER WEBSITES ACCESSED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WISECHOICES SITE, INCLUDING THIRD-PARTY SITES OR SERVICES LINKED TO FROM WISECHOICEs SITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
19. Disclaimer of Liability
YOU UNDERSTAND AND AGREE THAT WISECHOICE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE.
FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AND AGREE THAT WISECHOICE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM, OR IN ANY WAY CONNECTED TO, YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THE SITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITE.
FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.
20. Affiliate Sites and Third-Party Links
While using the Site, You will find content, functions, information, and tools, including those provided by third-parties that are not the property of WiseChoice. On the Site You may also find links that will transfer You to the websites of organizations that can provide You with value-added information and/or functionality. By linking to these websites, WiseChoice neither represents nor implies that there is any business relationship between WiseChoice and the other entities. WiseChoice provides these links to You as a convenience. Links to and from these sites do not constitute an endorsement by WiseChoice. WiseChoice has no control over and no liability for any third-party websites or materials, including those of partners and affiliates whose Internet sites may be linked with the Site.
While using the Site, You will find content, functions, information, and tools, including those provided by third-parties that are not the property of WiseChoice. On the Site You may also find links that will transfer You to the websites of organizations that can provide You with value-added information and/or functionality. By linking to these websites, WiseChoice neither represents nor implies that there is any business relationship between WiseChoice and the other entities. WiseChoice provides these links to You as a convenience. Links to and from these sites do not constitute an endorsement by WiseChoice. WiseChoice has no control over and no liability for any third-party websites or materials, including those of partners and affiliates whose Internet sites may be linked with the Site.
21. Indemnification
You agree that You are responsible for Your behavior in connection with the Site. You agree to indemnify, defend, and hold harmless WiseChoice and its related companies, and their respective directors, officers, employees, agents, representatives, and successors and/or assigns from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to: (a) Your improper access to, or improper use of the Site; (b) the access to, or use of, the Site, by other persons using your User Name and Password; (c) Your violation of applicable law or regulation; or (d) Your violation of these Terms.
WiseChoice will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
You agree that You are responsible for Your behavior in connection with the Site. You agree to indemnify, defend, and hold harmless WiseChoice and its related companies, and their respective directors, officers, employees, agents, representatives, and successors and/or assigns from and against all losses, expenses, damages, and costs, including reasonable attorney fees, arising out of or relating to: (a) Your improper access to, or improper use of the Site; (b) the access to, or use of, the Site, by other persons using your User Name and Password; (c) Your violation of applicable law or regulation; or (d) Your violation of these Terms.
WiseChoice will notify You promptly of any such claim, loss, liability, or demand, and will provide You with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.
22. Arbitration
A. If a Dispute (defined below) arises between You and WiseChoice that cannot be resolved through negotiation, either You or WiseChoice may elect to submit the Dispute to binding arbitration as provided for in this Agreement rather than litigate the Dispute in court. You understand that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will, if requested, take reasonable steps to protect Your personal information and WiseChoices information from disclosure outside of the arbitration proceeding.
B. As used in this Agreement, “Dispute” means any claim or controversy between You and WiseChoice, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory. “Dispute” also means any dispute, claim or controversy concerning the validity, enforceability and scope of this Arbitration Clause, including any claim that this Arbitration Clause is unenforceable because it violates public policy or is unconscionable.
C. If You or WiseChoice elect to resolve a Dispute through binding arbitration under this provision, the Dispute will be arbitrated by the National Arbitration Forum (“NAF”), P.O. Box 50191, Minneapolis, MN 55405-0191, (800) 474-2371, http://www.adrforum.com/. If the NAF will not enforce this Arbitration Clause as written, it cannot serve as the arbitration organization to resolve any Dispute. If that happens, the parties will agree on a substitute arbitration organization. If the parties are unable to agree, the parties will mutually petition a court of appropriate jurisdiction to appoint an arbitration organization to enforce this Arbitration Clause as written and arbitrate the Dispute. If there is a conflict between this Arbitration Clause and any contract, this Arbitration Clause governs.
D. The arbitration, before a single arbitrator, will take place at a mutually convenient location, selected by WiseChoice, that is within 100 miles of Your residence address. Because the transaction between You and WiseChoice concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, governs the arbitrability of all Disputes.
E. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by You or WiseChoice. The arbitrators award may be enforced by any court having jurisdiction over the parties.
F. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER BUYERS, OR OTHER PERSONS SIMILARLY SITUATED.
G. WISECHOICE WILL ADVANCE, AND PAY TO THE ARBITRATION ORGANIZATION, ALL FILING FEES, COSTS AND EXPENSES DUE UPON YOUR WRITTEN REQUEST TO WISECHOICE. YOU MUST PAY ALL OTHER COSTS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESSES COSTS. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE WISECHOICE FOR ANY OF THE FEES AND COSTS WISECHOICE ADVANCED. IF THE ARBITRATION PROCEEDING IS DETERMINED IN WISECHOICES FAVOR, YOU AGREE THAT THE ARBITRATOR MAY, UPON WISECHOICES REQUEST, ADD THE AMOUNTS ADVANCED BY WISECHOICE TO THE AWARD IN WISECHOICES FAVOR.
H. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL WILL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED IN THAT APPEAL.
I. If any portion of this Arbitration Clause (other than the class action waiver) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Clause, and the remainder of the Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, then this Arbitration Clause will be unenforceable in its totality, and the Dispute will be decided by a court of competent jurisdiction.
A. If a Dispute (defined below) arises between You and WiseChoice that cannot be resolved through negotiation, either You or WiseChoice may elect to submit the Dispute to binding arbitration as provided for in this Agreement rather than litigate the Dispute in court. You understand that participating in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will, if requested, take reasonable steps to protect Your personal information and WiseChoices information from disclosure outside of the arbitration proceeding.
B. As used in this Agreement, “Dispute” means any claim or controversy between You and WiseChoice, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory. “Dispute” also means any dispute, claim or controversy concerning the validity, enforceability and scope of this Arbitration Clause, including any claim that this Arbitration Clause is unenforceable because it violates public policy or is unconscionable.
C. If You or WiseChoice elect to resolve a Dispute through binding arbitration under this provision, the Dispute will be arbitrated by the National Arbitration Forum (“NAF”), P.O. Box 50191, Minneapolis, MN 55405-0191, (800) 474-2371, http://www.adrforum.com/. If the NAF will not enforce this Arbitration Clause as written, it cannot serve as the arbitration organization to resolve any Dispute. If that happens, the parties will agree on a substitute arbitration organization. If the parties are unable to agree, the parties will mutually petition a court of appropriate jurisdiction to appoint an arbitration organization to enforce this Arbitration Clause as written and arbitrate the Dispute. If there is a conflict between this Arbitration Clause and any contract, this Arbitration Clause governs.
D. The arbitration, before a single arbitrator, will take place at a mutually convenient location, selected by WiseChoice, that is within 100 miles of Your residence address. Because the transaction between You and WiseChoice concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, governs the arbitrability of all Disputes.
E. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by You or WiseChoice. The arbitrators award may be enforced by any court having jurisdiction over the parties.
F. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER BUYERS, OR OTHER PERSONS SIMILARLY SITUATED.
G. WISECHOICE WILL ADVANCE, AND PAY TO THE ARBITRATION ORGANIZATION, ALL FILING FEES, COSTS AND EXPENSES DUE UPON YOUR WRITTEN REQUEST TO WISECHOICE. YOU MUST PAY ALL OTHER COSTS YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESSES COSTS. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE WISECHOICE FOR ANY OF THE FEES AND COSTS WISECHOICE ADVANCED. IF THE ARBITRATION PROCEEDING IS DETERMINED IN WISECHOICES FAVOR, YOU AGREE THAT THE ARBITRATOR MAY, UPON WISECHOICES REQUEST, ADD THE AMOUNTS ADVANCED BY WISECHOICE TO THE AWARD IN WISECHOICES FAVOR.
H. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL WILL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED IN THAT APPEAL.
I. If any portion of this Arbitration Clause (other than the class action waiver) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Clause, and the remainder of the Arbitration Clause will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, then this Arbitration Clause will be unenforceable in its totality, and the Dispute will be decided by a court of competent jurisdiction.
23. Choice of Law and Forum
To the extent not prohibited by applicable law, You agree that all matters relating to your access to, or use of, the website, all matters relating to this Terms of Use Agreement, and all Disputes, will be governed by the laws of the Commonwealth of Virginia, which will apply in all respects unless otherwise provided for in this Agreement.
To the extent not prohibited by applicable law, You agree that all matters relating to your access to, or use of, the website, all matters relating to this Terms of Use Agreement, and all Disputes, will be governed by the laws of the Commonwealth of Virginia, which will apply in all respects unless otherwise provided for in this Agreement.
24. Referrals & Gift Memberships
WiseChoice always encourages You to refer a friend to the Site by asking You to send Us friends’ names and email addresses. WiseChoice will keep this information in our database, and send Your friends a one-time e-mail containing Your name and inviting them to visit the Site. This e-mail will also include instructions on how to remove their information from the WiseChoice database, should they not be interested in WiseChoice. You agree that You will not abuse this feature by entering names and addresses of those who would not be interested in WiseChoice’s Site. From time to time, WiseChoice may offer gift memberships, which You may purchase for Your friends, in which case We will use Your friends’ e-mail address that You provide in order to deliver the gift.
WiseChoice always encourages You to refer a friend to the Site by asking You to send Us friends’ names and email addresses. WiseChoice will keep this information in our database, and send Your friends a one-time e-mail containing Your name and inviting them to visit the Site. This e-mail will also include instructions on how to remove their information from the WiseChoice database, should they not be interested in WiseChoice. You agree that You will not abuse this feature by entering names and addresses of those who would not be interested in WiseChoice’s Site. From time to time, WiseChoice may offer gift memberships, which You may purchase for Your friends, in which case We will use Your friends’ e-mail address that You provide in order to deliver the gift.
25. Trademarks
All of the WiseChoice trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of WiseChoice Brands, LLC in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with Us or sponsor or endorse Us (and who may or may not be endorsed by us).
All of the WiseChoice trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of WiseChoice Brands, LLC in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with Us or sponsor or endorse Us (and who may or may not be endorsed by us).
26. Copyrights
All contents of Site are: Copyright© 2010 WiseChoice Brands, LLC. All rights reserved.
Data presented in several sections of this website is copyrighted material under license to Wintergreen Orchard House, a division of Alloy Education, and which is reproduced on this website by permission of Wintergreen Orchard House. Copyright 2008-2009 by Wintergreen Orchard House. All rights reserved.
Data presented in sections of this website is derived from CSS/Financial Aid PROFILE* User’s Guide Copyright © 2008 The College Board. *CSS/Financial Aid PROFILE trademark is owned by the College Board. www.collegeboard.com.
Data presented in sections of this website is in the public domain for use without specific permission by the Bureau of Labor Statistics, a Federal government agency.
Data presented in sections of this website is trademarked material from the O*NET database utilizing version 14. O*NET™ is a trademark of the U.S. Department of Labor, Employment and Training Administration.
All contents of Site are: Copyright© 2010 WiseChoice Brands, LLC. All rights reserved.
Data presented in several sections of this website is copyrighted material under license to Wintergreen Orchard House, a division of Alloy Education, and which is reproduced on this website by permission of Wintergreen Orchard House. Copyright 2008-2009 by Wintergreen Orchard House. All rights reserved.
Data presented in sections of this website is derived from CSS/Financial Aid PROFILE* User’s Guide Copyright © 2008 The College Board. *CSS/Financial Aid PROFILE trademark is owned by the College Board. www.collegeboard.com.
Data presented in sections of this website is in the public domain for use without specific permission by the Bureau of Labor Statistics, a Federal government agency.
Data presented in sections of this website is trademarked material from the O*NET database utilizing version 14. O*NET™ is a trademark of the U.S. Department of Labor, Employment and Training Administration.
27. Miscellaneous
A. WiseChoice makes no claim that the Site may be lawfully viewed or accessed outside of the United States.
B. These Terms comprise the entire agreement between You and WiseChoice and supersede all prior agreements between the parties regarding the subject matter contained herein.
C. The failure of WiseChoice to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
D. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties request that the Court modify the provision to the minimum extent necessary to give effect to the parties original intention. The parties further agree that the remaining provisions of these Terms shall remain in full force and effect.
E. You may not to assign or transfer any of Your rights or obligations under these Terms.
F. You agree that, to the extent not prohibited by applicable law, any claim or cause of action arising out of or related to Your use of the Site or these Terms must be filed within one year after such claim or cause of action arises or be forever barred.
A. WiseChoice makes no claim that the Site may be lawfully viewed or accessed outside of the United States.
B. These Terms comprise the entire agreement between You and WiseChoice and supersede all prior agreements between the parties regarding the subject matter contained herein.
C. The failure of WiseChoice to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
D. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties request that the Court modify the provision to the minimum extent necessary to give effect to the parties original intention. The parties further agree that the remaining provisions of these Terms shall remain in full force and effect.
E. You may not to assign or transfer any of Your rights or obligations under these Terms.
F. You agree that, to the extent not prohibited by applicable law, any claim or cause of action arising out of or related to Your use of the Site or these Terms must be filed within one year after such claim or cause of action arises or be forever barred.
Date last revised: March 3, 2010.
Copyright WiseChoice Brands, LLC 2010. All rights reserved.
© 2010 WiseChoice Brands, LLC
