WizzSocial.com (“Wizz Social,” “we,” “our,” “us”) operates the website at https://www.WizzSocial.com (the “Site”) subject to these terms and conditions (the “Terms”). These Terms describe the rules for using the Site, including all subsidiary webpages, and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using the Site, and Wizz Social.
We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable to you at any time. We may update the content of the Site, but its content is not necessarily complete or up-to-date. Any of the Site content may be out of date at any given time, and we are under no obligation to update such material.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You may use the Site only for lawful purposes and in accordance with these Terms. You may not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Wizz Social or other users of the Site or expose them to liability. Without limiting the generality of the foregoing, you agree not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Site.
Intellectual Property Rights
The Site and its entire contents, features and functionality, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively, “Site Content”) is the exclusive property of Wizz Social, or, if applicable, our licensors or other providers of such material, and is protected by U.S. and international copyright laws. Wizz Social reserves all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Wizz Social name and logo, and all related names, logos, product and service names, designs and slogans are trademarks of Wizz Social or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Wizz Social has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
The owner of the Site is based in the state of Florida in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
EXCEPT AS EXPLICITLY PROVIDED FOR IN THESE TERMS, THE SITE AND ALL SITE CONTENT AND OUR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIZZ SOCIAL AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE, SITE CONTENT OR ANY SERVICES SOLD THROUGH THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Limitation of Liability
You agree to defend, indemnify, Wizz Social and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SITE CONTENT OR SERVICES SOLD ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED PARTIES AND SERVICE PROVIDERS, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL CUMULATIVE LIABILITY OF THE SITE-RELATED-PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. IN NO EVENT SHALL THE SITE-RELATED PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT OR ANY SERVICES SOLD THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ANY SERVICES PURCHASED THROUGH THE SITE.
If you live in a jurisdiction other than New Jersey, the above limitations and exclusions apply to the extent permitted by law.
Governing law; Jurisdiction
These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with Wizz Social relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Wizz Social or its employees, officers, directors, agents and providers.
No waiver of by Wizz Social of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wizz Social to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms constitute the sole and entire agreement between you and Wizz Social with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site or purchase of our products, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.