Wise Websites Terms of Service Agreement
Effective Date: This Terms of Service Agreement was last updated December 17, 2014.
This Terms of Service Agreement (hereinafter the “Agreement”) is between Elders in Training LLC, the provider (“we”, “our”, or “us”) dba Wise Websites and the website and the services provided by this website (the “Service”) and any individual, company or other legal entity (“you”, and “your”) who intend to use the Service, whether as our client (“Clients”), as a member of a Client (“Members”, and together with Clients, (“Users”) or as public visitor (“Visitor”).
By accessing or using this web site, you agree that you have read, understand and agree to be bound by these Terms of Service.
- Description of Service.
Wise Websites provides a versatile website platform for businesses and organizations of all types. Users can increase communication and interaction, manage group members, schedule and track events, sell products and manage content. Any new features that enhance or add to the current Service shall be subject to the terms and conditions of these Terms of Service.
2. License of Use.
By agreeing to these Terms of Service, we grant to you a non-exclusive, non-transferable, limited license to access and use the Service as a Client, Member, or User, as applicable. You also understand and agree that the Service may include certain communications from us such as service announcements, administrative messages and other announcements, and that these communications are considered part of the Service and you will not be able to opt out of receiving them.
If you are a Client, you acknowledge and agree that your Members are required to accept these Terms of Service prior to the use of the Service.
3. Accounts, Passwords and Security.
As a User of the Service, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. Furthermore, you are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your account. You agree to notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by us or another party due to someone else using your account or password.
User agrees not to resell or make any commercial use of the Service without the express written consent of Elders in Training LLC.
The Customer must be able to enter into a legally binding contract under applicable law.
Users must provide their full legal name, a valid email address, and any other information about themselves or the entity they represent as prompted by the Services registration form.
5. Use of this Service.
You agree to use this Site only for lawful purposes related to your membership or possible membership in your organization or related to your pursuit of the activities supported by your group or organization. You agree that you will NOT use the Site to:
1. Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable according to the community standards of your group or organization.
2. Violate the legal rights of others including their right to privacy), or violate the laws of any jurisdiction.
3. Upload or otherwise transmit data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or that contains a virus or deliberately corrupted data. You acknowledge that you have full rights to transmit the data that you upload or post, and you accept full responsibility for its legality, reliability and appropriateness.
4. Collect information about others including contact information and e-mail addresses without their consent.
5. Upload, store, maintain, forward or display adult content, including documents and images of a lewd or lascivious nature. This web site and the messages, documents and images it contains may be viewed by children, so all users share responsibility for ensuring that content is appropriate.
We reserve the right to remove any information or material from the web site, without explanation, which we determine, at our sole discretion, to be incompatible with the above restrictions, including anything that we believe, through our own research or notification by others, that may constitute copyright infringement.
6. Billing and Renewal Transactions and Policies.
The Service is offered by us as a subscription-based service. When you open a subscription-based account, you hereby agree to pay all charges to your account in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees, charges or terms effective upon a 30-day notice to subscribers.
7. Termination and Cancellation.
These Terms of Service continue in force until terminated by either us or you. Termination of these Terms of Service results in immediate termination of your, and if you are a Customer, your Members and the public’s access to the Services and your website.
We may, under certain circumstances and without prior notice, immediately terminate your access to the Service for the following reasons including, but not limited to:
- If you breach or facilitate or permit any breach or violation of these Terms of Service as determined in our sole discretion.
- If you fail to keep your account paid in a timely manner.
- Without limiting any other remedies, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
Automatic monthly fees begin when you sign up to receive our services and continue monthly unless you cancel your subscription. Your website is considered activated as soon as you have successfully paid the first Monthly Fee.
You may cancel the Service at any time by going to www.wisewebsites.net Go to the Contact Us tab and choose Cancel My Subscription. You may also give written notice by email to email@example.com or you may cancel by phone at 360-369-4775
If you cancel the Service, your cancellation will take effect at the end of your current paid month. It is your responsibility to back up or otherwise save all of your proprietary content before cancellation takes effect.
Cancellation or termination of the Service for any reason may result in the deactivation or deletion of your website on the Service, deletion of your password and all related information associated with or inside your account (or any part thereof), or your access to such subsite, the forfeiture and relinquishment of all Content on your website and barring further use of the Service. We accept no liability to you or any third party for such deleted information or Content.
8. Refund policy.
The Monthly Service fee is non-refundable. You may cancel at any time, and your cancellation will take effect at the end of the current paid month. There is no refund for a partial month.
Other Services payment and refund policy:
1. The price of Webmaster Services is determined by the hourly rate and the best estimate of time required to provide this service. We work with you to determine the hours required and the corresponding price. We will proceed upon your agreement to the quoted price. You will be invoiced monthly for work completed. Payment is due on receipt of each invoice. Non-payment of agreed upon services may result in your website being disabled.
2. All other services listed are contracted services in which you agree to the terms, including price, before work is initiated. Depending on the services, an initial payment may be due before work is begun. This is non-refundable. Full payment will be due on satisfactory completion of services. Non-payment of agreed upon services may result in your website being disabled.
9. Disclaimer of Warranties.
The Site is provided by us on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. We shall have no liability for any interruptions in the use of this Website. We disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in those jurisdictions.
10. Limitation of Liability.
WE SHALL NOT be liable for any damages whatsoever, and in particular WE shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if WE HAVE been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE IN THOSE JURISDICTIONS.
Users agree to indemnify and hold Elders in Training LLC, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, of any intellectual property or any other right of any person or entity.
12. Modifications and Interruption to Service.
We reserve the right to modify or discontinue the Service with or without notice to the User. We shall not be liable to Users or any third party should we exercise our right to modify or discontinue the Service. User acknowledges and accepts that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
13. Third-Party Sites.
The Service may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of these third-party sites is subject to the terms of service and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ sites.
14. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
The Service makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
15. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
16. Copyright and Trademark Information.
All content included or available on this site, including any proprietary design elements, all text, proprietary graphics, interfaces, and the selection and arrangements thereof is copyright © Elders in Training LLC, with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Elders in Training LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Elders in Training LLC.
Wise Websites™ is a proprietary mark of Elders in Training LLC. This trademark may not be used in connection with any product or service that is not provided by Elders in Training LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elders in Training LLC or Wise Websites.
All other trademarks displayed on Wise Websites’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Wise Websites.
17. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Wise Websites designates the following as its agent for receipt of notifications of claimed copyright infringement.
Elders in Training LLC
9429 SW Washington St.
Portland, OR 97225
By Telephone: 360-369-4775
By Email: firstname.lastname@example.org
18. Other terms.