Terms of Use

1. Acknowledgement and Acceptance of Terms of Use

Waggles (the “Company”) maintains this website (the “Site”) as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively, the “Services”) in accordance with an applicable service agreement (“Service Agreement(s)”), you are agreeing to comply with and be bound by these Terms of Use and any operating rules, regulations, policies, and procedures that may be modified from time to time on the Site (collectively, the “Terms”).

The Terms govern your access to and use of the Site, the Services, and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.

In the case of any violation of the Terms, Waggles reserves the right to seek all remedies available by contract, law, and equity. The Terms apply to all visits to the Site and use of the Services, both now and in the future.

ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES, OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE AGREEMENT.

2. Internet Abuse

You are prohibited from engaging in any form of Internet abuse, including but not limited to:

a. Distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as “junk mail” or “spam”), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements anywhere on the Internet.

b. Posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists.

c. Repeatedly or deliberately posting articles that are off-topic according to the charter of the newsgroup or mailing list where such articles are posted.

d. Posting commercial advertising in a conference or newsgroup unless it is specifically permitted within that group.

e. Violating the CAN-SPAM Act.

3. Enforcement

Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend:

  • The Services;
  • A Service Agreement; and/or
  • Access to this Site

if it determines that your services, offerings, or activities violate the Terms.

Without limitation, Company also reserves the right to report any activity—including the disclosure of appropriate data or merchant information—that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

Company may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of illegal conduct. If you want to report a violation of these guidelines, please contact Waggles.

4. Modifications to the Site

Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice. Company is not obligated to support or update the Site.

The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the amended Terms are posted constitutes your affirmative:

a. Acknowledgement of the Terms and their modifications; and

b. Agreement to abide by and be bound by the Terms, as amended.

Should you object to any modification of the Terms, your only recourse is to immediately:

a. Terminate your use of the Site and/or Services; and

b. Notify Company of the termination.

5. Links to Third-Party Sites Are Not Endorsements

The Site contains links to third-party websites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site.

Company provides these links as a convenience only. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company.

Links to merchants or advertisers are owned and operated by independent retailers or service providers. Therefore, Company cannot ensure that you will be satisfied with their products, services, or practices. You should conduct whatever investigation you feel is necessary or appropriate before proceeding with any transaction involving these third parties.

6. Intellectual Property Rights

The Site is proprietary to Company. All text, images, marks, logos, and other content on the Site (“Site Content”) are proprietary to Company or to third parties from whom Company has obtained permission.

Company authorizes you to view, download, and print the Site Content, provided that:

a. You may only do so for your own personal and noncommercial use;

b. You may not copy, publish, or redistribute any Site Content;

c. You may not modify the Site Content; and

d. You may not remove any copyright, trademark, or other proprietary notices placed in the Site Content by Company.

Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission, you may contact Waggles.

You represent and warrant that your use of the Site Content will be consistent with this license and will not infringe upon or violate the rights of any other party or breach any contract or legal duty owed to another party.

7. Warranty

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE, OR VIRUS-FREE.

COMPANY DOES NOT MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, OR PRODUCTS OBTAINED THROUGH THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

You expressly acknowledge that the Site and Services are computer network-based services that may be subject to outages, interruptions, third-party attacks, and delays.

In such an event, and subject to these Terms, Company shall use commercially reasonable efforts to remedy material interruptions and provide adjustments, repairs, and replacements within its capacity that are necessary to enable the Site to perform its intended functions in a reasonable manner. You acknowledge that Company does not warrant that such efforts will be successful.

If Company’s efforts are not successful, you may terminate the applicable Service Agreement and cease using the Site. The foregoing shall constitute your sole remedy, and Company’s sole liability, in the event of an interruption, outage, or other delay involving the Site.

You waive and covenant not to assert any claims or allegations arising from or relating to your use of the Site, including, without limitation:

  • Alleged infringement of proprietary rights;
  • Alleged inaccuracies in the Site’s content; or
  • Allegations that Company has or should indemnify, defend, or hold you harmless from any claim arising from your use, republication, or other exploitation of the Site.

You use the Site at your own risk. Neither Company nor the parties providing information and materials for publication within the Site will be liable for damages arising from your use of the Site.

You understand and agree that any material or data downloaded or otherwise obtained through the Site or Services is obtained at your own discretion and risk. You will be solely responsible for any damage to your computer system, loss of service, or loss of data resulting from the download or use of such material or data.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE.

THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE, SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THE SITE.

FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.

8. Limitation of Liability

WAGGLES EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE, HOWEVER ARISING, INCLUDING NEGLIGENCE.

This includes, without limitation, liability or loss associated with unauthorized access to any server, merchant interface, website, facility, your data, or your customers’ data—including credit card numbers and other personally identifiable information—due to accident, illegal or fraudulent means, hacking, devices used by third parties, or other causes beyond Waggles Corporation’s reasonable control.

You expressly agree that Waggles Corporation shall not be liable for any loss arising from infiltration of the Site by software viruses, Trojan horses, worms, time bombs, or other software programs or technology designed or intended to disrupt, damage, intercept, or expropriate data from the Site.

As a condition of using the Site, you agree that neither Company nor any officer, affiliate, director, shareholder, agent, contractor, or employee of Company will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential:

  • Loss of profits;
  • Loss of earnings;
  • Loss of business opportunities;
  • Damages;
  • Expenses; or
  • Costs

resulting directly or indirectly from, or otherwise arising in connection with, the Site.

The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents that, but for this provision, would give rise to a cause of action in contract or under any other legal doctrine.

Limitation

Except as otherwise limited, our liability—and the liability of our subsidiaries, officers, directors, employees, and agents—to you or any third party under these Terms shall be limited to the lesser of:

a. The amount you paid us during the 30 days before the action giving rise to the liability; or

b. $100.

9. Indemnification

You agree to indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, directors, officers, shareholders, agents, contractors, and employees from any claim or demand, including reasonable attorneys’ fees and court costs, made by a third party due to, arising from, or relating to:

a. Your use of the Site;

b. Your breach or alleged breach of any representation, warranty, or other obligation;

c. Your violation or alleged violation of any federal, state, international, or local law or any regulation, rule, or ordinance;

d. Negligence or willful misconduct by you or your employees or agents;

e. Any violation of the Terms;

f. Your infringement of any intellectual property or other legal right belonging to any person or entity; or

g. Your advertising, marketing, promotion, sale, or distribution of any product or service.

If you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for those fines and/or penalties.

10. Access to Password-Protected or Secure Areas

Access to and use of password-protected and/or secure areas of the Site are restricted to authorized users only.

Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

11. Services Offered by Company

When you enroll to obtain a Service from Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement.

Except as provided in the Service Agreement, Company does not warrant that any service description or content contained on the Site is accurate, current, reliable, complete, or error-free.

12. Termination and Effect

Company may terminate access to the Site, with or without cause, at any time and effective immediately. Termination shall be accompanied by written or electronic notice to you.

Company shall not be liable to you or any third party for the termination.

Should you object to any provision of the Terms or any subsequent modification, your only recourse is to immediately:

a. Terminate your use of the Site; and

b. Notify Company of the termination.

Upon termination of your access to the Site, your right to use the Site shall immediately cease.

13. Electronic Disclosures and Signatures

You consent to the use of electronic records to provide disclosures and electronic signatures in connection with your account in place of written documents and handwritten signatures.

You also acknowledge and agree that your acceptance of this Notice and Consent Regarding Electronic Delivery of Disclosures inures to the benefit of Company and its subsidiaries, affiliates, directors, officers, shareholders, agents, contractors, and employees.

14. Privacy Policy

Information collected by the Site will be treated in accordance with Waggles’s Privacy Policy, which is incorporated into these Terms by reference.

15. Governing Law and Jurisdiction

The Site is accessible in all 50 states and other countries. Each of these jurisdictions may have laws that differ from those of Virginia and from one another.

Because you and Company both benefit from establishing a predictable legal environment in which to publish, access, and use the Site, you and Company agree that all matters arising from or relating to the use and operation of the Site will be governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles.

You agree that all claims arising from or relating to the operation or use of the Site will be heard and resolved in the courts of Loudoun County, Virginia.

You consent to the personal jurisdiction of these courts, stipulate to the fairness and convenience of proceeding in these courts, and covenant not to assert any objection to proceeding in these courts.

16. Force Majeure

Company shall not be liable for losses arising from the delay or interruption of its performance of obligations due to:

  • Acts of God;
  • Acts of civil or military authorities;
  • Civil disturbances;
  • Wars;
  • Strikes or other labor disputes;
  • Fires;
  • Transportation contingencies;
  • Interruptions in telecommunications, utility, Internet, or network-provider services;
  • Acts or omissions by a third party;
  • Infiltration or disruption of the Services by a third party; or
  • Other catastrophes or occurrences beyond Company’s reasonable control.

17. General

If any provision of the Terms is determined, in whole or in part, to be invalid, unenforceable, or void for any reason, that determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void. It shall not affect the remainder of that provision or any other provision of the Terms.

Company’s failure to act concerning a breach by you or others does not waive its right to act concerning subsequent or similar breaches.

If there is a conflict between these Terms and an applicable Service Agreement, the Service Agreement shall govern.

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