Using Conveyor Means Accepting these Terms
By using the Service, you consent to receiving emails, text messages and/or telephone calls, including to Your wireless telephone number(s), from Wildbit related to your account and/or the Service, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. Shocking, we know. You agree that Wildbit, LLC can use your company name or logo in its advertising unless and until you tell us in writing not to.
Accounts, Passwords, and Security
You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data – You wouldn’t want anyone doing that to You, right?
Acceptable Use and Conduct
You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations, or these Terms, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control or other laws. You also agree not to (i) use the Service in a manner to disable or damage the Site, or interfere with anyone else’s use of the Site, (ii) use any robot, spider or other automatic device with the Service or on the Site for any reason, (iii) introduce any viruses, Trojan horse, worms or other material that is malicious or harmful, or (iv) otherwise attempt to interfere with the proper working of the Site. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in Wildbit suspending or terminating Your account and may subject You to criminal and/or civil liability. So, follow the rules.
While we may offer use of the Service to users from time to time for free (e.g., for a free trial period), we charge a fee for use of the Service. By providing a credit card or other payment method accepted by Wildbit, you are expressly agreeing that we are authorized to charge You a monthly fee on a recurring basis. At the end of each one-month term, Your contract will automatically renew until You cancel it or we terminate it. Cancellation must be issued via the Service, and it must be done three (3) days prior to the end of the contract term to allow for adequate processing time and to ensure that You are not billed for an additional month. We reserve the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. If we change our fees, we will give you advance notice.
Chargeback / Refund Policy
Wildbit will not issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact Wildbit immediately. If the charges were made in error, Wildbit will credit your account for the appropriate amount. Wildbit has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
DISCLAIMER OF WARRANTIES
WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYER SAID SO. THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. THE SERVICE MAY BE INCOMPLETE AND MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION AND/OR LOSS OF DATA OR INFORMATION.
WILDBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WILDBIT DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT NOR DOES WILDBIT WARRANT OR ENSURE THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE OR RECEIVED FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU WILL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON WILDBIT’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS OR MISSION-CRITICAL ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, DO NOT USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, WILDBIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT WILL WILDBIT BE LIABLE TO THE USER OR ANY THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGE TO OR LOSS OF YOUR HARDWARE, SOFTWARE, INFORMATION AND/OR DATA.
YOU VOLUNTARILY ENGAGE IN THE ACTIVITY OF INTERNET USE AND BEAR THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL WILDBIT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, LOSS, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
WILDBIT’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO WILDBIT FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, WILDBIT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
You agree to indemnify, defend and hold harmless Wildbit, its affiliates, and its and their respective officers, directors, employees, licensors or service providers from all actual or alleged damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Wildbit, its affiliates, and its and their respective officers, directors, employees, licensors or service providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their intellectual property rights or discloses their proprietary information.
Changes to the Service; Updates
We may change the Service or delete features available on the Site at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide them in our discretion. .
Termination of Service
We reserve the right to suspend or terminate Your account or the Service at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You may no longer use or access the Service, and any data you have stored on the Site may not be retrieved later. You may terminate Your account at any time.
Wildbit claims no intellectual property rights over the data You provide to the Service.
You acknowledge and agree that Wildbit owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone or modify the Service or create derivative works from the Service.
Links to Other Websites; Third Party Materials
The Site may display, include or make available third party content (including data, information, applications and other products, services and/or materials) or provide links to third party websites or services. By using the Service, You acknowledge and agree that We are not responsible for third party materials. Third party materials and links are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to applicable third party terms and conditions.
We will not be responsible for any failure to perform, or delay in performing any of Wildbit's obligations under these Terms, where and to the extent that such a failure or delay results from causes outside of Wildbit's control. Such causes include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Special Admonitions for International Use
Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding Your use of the Service, including the transmission of data exported from the United States or the country in which you reside.
Dispute Resolution by Arbitration
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE WILL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party's intellectual property rights, and (b) Wildbit may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (collectively the "AAA Rules"). The location of the arbitration will be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration will be determined in accordance with such AAA Rules and will be subject to the limitations provided for in the AAA Rules (for consumer disputes). The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, YOU AND WILDBIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. IN NO EVENT WILL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE.
Choice of Law
You agree that all disputes related in any way to or arising from Your use of the Service will be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania.
These Terms constitute the entire agreement between You and Wildbit regarding the Service and supersede any prior agreements between You and Wildbit relating to the Service. The failure of Wildbit to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Any right or obligation contained in these Terms which, by its express terms or nature and context is intended to survive termination or expiration of these Terms will survive any such termination or expiration.