Terms of Service
Terms of Service
WONDERLOST, LLC AND WONDERLOST, LLC AND ALON TERMS OF SERVICE
Section A
GENERAL TERMS
1. AGREEMENT
Thank you for selecting the Services offered by WonderLost, LLC and WonderLost, LLC and Alon. and/or its subsidiaries and affiliates (referred to as "WonderLost, LLC and Alon", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and WonderLost, LLC and Alon. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing, or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company, or your client.
This Agreement describes the terms governing your use of the WonderLost, LLC and WonderLost, LLC and WonderLost, LLC and Alon Services. It includes by reference:
• WonderLost, LLC and WonderLost, LLC and Alon's Privacy Statement
• Additional terms and conditions, which may include those from third parties.
• Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
• You can form a binding contract with WonderLost, LLC and WonderLost, LLC and Alon;
• You are not a person who is prohibited from receiving the Services under the laws of the United States, Canada, Mexico, England, Wales, or any other applicable jurisdiction; and
• You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
1.1 Software and services covered by this agreement but not limited to are as fallows Artemis Creator, Falcon Mail, Alon Core (Alon 360), Alon API, Web Architect, StrategyPro, Wonderlost Documentation, Alon Booking Manager, Wonderlost Bug Tracker, Wonderlost Chat,
Wonderlost Drive, Alon Restaurants, Alon Finance, Form Architect, Alon Hotels, Alon
Human resources, Wonderlost Multi-Level Marketing Tracker, Wonderlost Overwatch,
Neural Nebula, Wonderlost Intranet, Alon Plaid Link, Quick Events, Wonderlost Rental Software, Alon V2, Wonderlost SEO, Wonderlost Social Media Manager, Wonderlost Site & social media Tracking, Alon Mainsite, Wonderlost Speech to text, Wonderlost Taskhub, Wonderlost Helpdesk, Wonderlost Translate, Wonderlost Transfer, Wonderlost Text to
Speech, Wonderlost University, Wonderlost Web Builder, Ecommerce Software,
Wonderlost Corporate Site, Wonderlost Software site, Wonderlost Video Site, Artemis
Composer, Alon Yacht Management, Wonderlost Hosting, Server Status Monitor, Ecommerce, Wonderlost Analytics, Wonderlost Tools, Neural Nebula SMS, Service & Event Calendar System, Wonderlost Stock Images, ETC.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by WonderLost, LLC and WonderLost, LLC and Alon. WonderLost, LLC and WonderLost, LLC and Alon reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, WonderLost, LLC and WonderLost, LLC and Alon grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
• Provide access to or give any part of the Services to any third party.
• Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
• Decompile, disassemble, or reverse engineer the Services.
• Make the Services available on any file-sharing or application hosting service.
3. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply, unless WonderLost, LLC and WonderLost, LLC and Alon or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
1. Payments will be billed to you in Euros, U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT, GST and SST), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
2. You must pay with one of the following:
3. A valid credit card acceptable to WonderLost, LLC and WonderLost, LLC and Alon;
4. A valid debit card acceptable to WonderLost, LLC and WonderLost, LLC and Alon;
5. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option WonderLost, LLC and WonderLost, LLC and Alon provides to you in writing.
6. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
7. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
8. WonderLost, LLC and WonderLost, LLC and Alon will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
9. Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
WONDERLOST, LLC AND WONDERLOST, LLC AND ALON MAKES NO
WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
1. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR
PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
2. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) WonderLost, LLC and WonderLost, LLC and Alon is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that WonderLost, LLC and WonderLost, LLC and Alon will process your personal information as described in our Privacy Statement when you use our Services.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
1. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant WonderLost, LLC and WonderLost, LLC and Alon a worldwide, royalty-free, nonexclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. WonderLost, LLC and WonderLost, LLC and Alon is not responsible for any of your Content that you submit through the Services.
2. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
3. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information
or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
4. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
5. Except as permitted by WonderLost, LLC and WonderLost, LLC and Alon in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
6. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
7. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of WonderLost, LLC and WonderLost, LLC and Alon or could subject WonderLost, LLC and WonderLost, LLC and Alon to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in WonderLost, LLC and WonderLost, LLC and Alon’s opinion, is prohibited under this Agreement; (v) any other activity that places WonderLost, LLC and WonderLost, LLC and Alon in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an WonderLost, LLC and WonderLost, LLC and Alon system or network or to breach WonderLost, LLC and WonderLost, LLC and Alon’s security or authentication measures, whether by passive or intrusive techniques. WonderLost, LLC and WonderLost, LLC and Alon reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. WonderLost, LLC and WonderLost, LLC and Alon does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public.
Users may post hypertext links to content of third parties for which WonderLost, LLC and WonderLost, LLC and Alon is not responsible.
6.4 WonderLost, LLC and WonderLost, LLC and Alon may freely use feedback you provide.You agree that WonderLost, LLC and WonderLost, LLC and Alon may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant WonderLost, LLC and WonderLost, LLC and Alon a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to WonderLost, LLC and WonderLost, LLC and Alon in any way.
6.5 WonderLost, LLC and WonderLost, LLC and Alon may monitor
Content. WonderLost, LLC and WonderLost, LLC and Alon may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect WonderLost, LLC and WonderLost, LLC and Alon or its customers, or operate the Services properly. WonderLost, LLC and WonderLost, LLC and Alon, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 WonderLost, LLC and WonderLost, LLC and Alon does not give professional advice. Unless specifically included with the Services, WonderLost, LLC and WonderLost, LLC and Alon is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other WonderLost, LLC and WonderLost, LLC and Alon Services. You may be offered other services, products, or promotions by WonderLost, LLC and WonderLost, LLC and Alon ("WonderLost, LLC and WonderLost, LLC and
Alon Services"). Additional terms and conditions and fees may apply. With some WonderLost, LLC and WonderLost, LLC and Alon Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. WonderLost, LLC and WonderLost, LLC and Alon may be required by law to send you communications about the Services or third-party products. You agree that WonderLost, LLC and WonderLost, LLC and Alon may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact WonderLost, LLC and WonderLost, LLC and Alon if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT
YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES
ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, WONDERLOST, LLC AND WONDERLOST, LLC AND ALON, ITS AFFILIATES,
AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR
SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE
FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS,
NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT
IN OR LINKED TO THE SERVICES. WONDERLOST, LLC AND WONDERLOST, LLC
AND ALON AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION,
ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED
WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 WONDERLOST, LLC AND WONDERLOST, LLC AND ALON, ITS AFFILIATES
AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF WONDERLOST,
LLC AND WONDERLOST, LLC AND ALON, ITS AFFILIATES AND SUPPLIERS FOR
ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS
PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, WONDERLOST, LLC
AND WONDERLOST, LLC AND ALON, ITS AFFILIATES AND SUPPLIERS ARE NOT
LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES
RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET,
ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT
OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR
INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET
WONDERLOST, LLC AND WONDERLOST, LLC AND ALON SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF WONDERLOST, LLC
AND WONDERLOST, LLC AND ALON AND ITS AFFILIATES AND SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT
SETS FORTH THE ENTIRE LIABILITY OF WONDERLOST, LLC AND
WONDERLOST, LLC AND ALON, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold WonderLost, LLC and WonderLost, LLC and Alon and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). WonderLost, LLC and WonderLost, LLC and Alon reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by WonderLost, LLC and WonderLost, LLC and Alon in the defense of any Claims.
10. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Services or on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
11. TERMINATION. WonderLost, LLC and WonderLost, LLC and Alon may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable WonderLost, LLC and WonderLost, LLC and Alon policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with WonderLost, LLC and WonderLost, LLC and Alon’s interests or those of another user of the Services. Upon WonderLost, LLC and WonderLost, LLC and Alon notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect WonderLost, LLC and WonderLost, LLC and Alon’s rights to any payments due to it. WonderLost, LLC and WonderLost, LLC and Alon may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT AND TRADE RESTRICTIONS. You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States, England, Wales, or other applicable jurisdiction. For example, you are not on the
U.S. Treasury Department’s list of Specially Designated Nationals or the United Kingdom HM Treasury Financial Sanctions List, or are subject to any other similar prohibition. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION. This Agreement will be governed by the laws of England and Wales, without regard to its conflicts of law principles.
Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of WonderLost, LLC and Alon’s or its Suppliers’ intellectual property rights may cause WonderLost, LLC and Alon irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that WonderLost, LLC and Alon shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect WonderLost, LLC and Alon’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of the United States of America and you agree that you will procure that any third party making a claim against WonderLost, LLC and Alon arising out of this Agreement shall bring such claim exclusively in the United States of America courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
WonderLost, LLC and Alon does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. WonderLost, LLC and Alon prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
13a. ARBITRATION. Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from WonderLost, LLC and Alon. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and WonderLost, LLC and Alon that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with WonderLost, LLC and Alon, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new WonderLost, LLC and Alon user, you can reject and opt-out of this
Arbitration Agreement within 30 days of accepting this Agreement by emailing WonderLost, LLC and Alon at info@wonderlostcorp.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at info@wonderlostcorp.com and attempt to resolve the dispute with us informally. In the unlikely event that WonderLost, LLC and Alon has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. County where you live or Delaware, unless you and WonderLost, LLC and Alon agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and WonderLost, LLC and Alon agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventing WonderLost, LLC and Alon from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
13b. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR
PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN
THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL
ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS
ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND JASPER AGREE THAT
THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY
TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY
RELIEF AWARDED MAY NOT AFFECT OTHER JASPER USERS. YOU AND JASPER
FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND JASPER ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN
A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
14. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
15. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and WonderLost, LLC and Alon regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of WonderLost, LLC and Alon. However, WonderLost, LLC and Alon may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by WonderLost, LLC and Alon or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact WonderLost, LLC and Alon via an email to: transfer_license@WonderLost, LLC and Alon.com.
Section B
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by WonderLost, LLC and Alon (as defined in the Section A Terms) and described below are subject to the Section A Terms above and these Additional Terms and Conditions (“Section B Terms”). These Section B Terms will prevail over any conflict or inconsistency with the Section A Terms.
1. SERVICES.
When you use a WonderLost, LLC and Alon product or service, you establish a direct relationship with the WonderLost, LLC and Alon brand, including each product and service in the WonderLost, LLC and Alon family and the entities offering those services.
The Section B Terms include provisions applicable to your use of WonderLost, LLC and Alon generally, as well as additional provisions for your use of specific products and services.
The Agreement governs your use of each of the following “Services,” as applicable:
• WonderLost, LLC and Alon360. WonderLost, LLC and Alon360 (“AO”) is an online solution for businesses to perform accounting and business tasks through
an online account (each a “AO360”). Each AO Account may only be used to support one business.
• WonderLost, LLC and Alon360 Certification Program. The WonderLost, LLC and Alon Online Certification Program is an online training and certification service for professionals seeking to become proficient in WonderLost, LLC and Alon.
1.1. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. SUBSCRIPTIONS AND USERS
When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator”. Administrators may authorize additional users to access the Services through the same account, subject to limitations based on the subscription you purchase (such users, “Additional Users”). All Additional Users will be required to accept the Agreement before accessing the Services. Only Administrators may designate another individual as a replacement administrator and you are responsible for your Additional Users' access to the Services. Once an Administrator closes or terminates access to a Service, Additional Users will no longer be able to access such Services or any Content (defined in the Section A Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to your
Additional Users of your desire to terminate access to the Services. Any violation of the Agreement by any Additional User may result in the termination of an Administrator’s or other Additional User’s access to the Services. Additional Users may not have the same level of access or rights as an Administrator. You warrant that you have obtained all necessary authorizations from each Additional User to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow WonderLost, LLC and Alon to provide the Services.
3. TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the trial period, if you decide not to purchase the license to the full version of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, WonderLost, LLC and Alon may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and WonderLost, LLC and Alon is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree
that in order to provide you with access to and use of the Services, WonderLost, LLC and Alon may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current system administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement administrator for the your account by following the procedures required by WonderLost, LLC and Alon to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5. PERSONAL INFORMATION.
5.1 The terms "Controller," "Processor," "data subject," "personal data (also referred to as Personal Information in the Agreement)" and "processing" (and "process") shall have the meanings given in the Regulation 2016/679 of the European
Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
5.2 Our Role.
5.2.1 For users accessing the Services from the European Economic Area (“EEA”), we are a Controller of the Personal Information you provide through the Services.
5.3 Personal Information. You represent and warrant to us that:
5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;
5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.3.3 If there is any discrepancy between this Agreement and the WonderLost, LLC and Alon Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that WonderLost, LLC and Alon may provide data in your account to any Additional Users to which that data is applicable or personal to.
5.4 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other WonderLost, LLC and Alon customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not WonderLost, LLC and Alon, for information and guidance purposes only, and WonderLost, LLC and Alon and such User are not responsible in any way for your use the Account Content.
5.5 Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that WonderLost, LLC and Alon may use your telephone number for "multi-factor authentication” (“MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve WonderLost, LLC and Alon sending text messages containing security codes to your telephone number. You agree to receive these texts from WonderLost, LLC and Alon containing security codes as part of the MFA process. In addition, you agree that WonderLost, LLC and Alon may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, WonderLost, LLC and Alon may use your telephone number to contact you about special offers or other WonderLost, LLC and Alon or third party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to WonderLost, LLC and Alon (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
6. ACCESS TO YOUR FINANCIAL INSTITUTION SERVICES DATA.
6.1. General. In connection with your use of the Services and as part of the functionality of certain versions of the Services, you may wish to have access to your online account(s) and financial information, including your account access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information used to access your financial institution(s) (collectively, your “FI Login Data”) and the data made available by your financial institutions(s) with such data, which may include bank balances, transaction activity, credit card charges, debits and deposits, and any messages or notices between you and the financial institution(s) (“FI Account Data”). The Services are designed to allow you to access and download your FI Account Data through the Services, to allow WonderLost, LLC and Alon to access your financial institution account(s) using your FI
Login Data, to allow WonderLost, LLC and Alon to download and use your FI Account
Data, and to allow WonderLost, LLC and Alon to aggregate and combine your FI Account Data with other data. If you lose or forget your user name or password, it will be necessary for you to return to the appropriate financial institution if you have any problems with respect to that user name or password.
You acknowledge and agree that except as set forth this Agreement, WonderLost, LLC and Alon has no control over your FI Login Data and no control over the access to your FI Account Data, does not guarantee that you will be able to use the Services with your financial institution(s), and will have no liability whatsoever for any actions or inactions on the part of the financial institution(s) resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access your FI Account Data.
6.2. Collection of FI Login Data and FI Account Data. By agreeing to these terms and conditions, you:
6.2.1 acknowledge that in accessing your financial institution account(s) through the Services, your FI Login Data and FI Account Data may be collected, converted, stored in encrypted form and used by WonderLost, LLC and Alon in the United States for the purpose of providing the Services;
6.2.2 authorize WonderLost, LLC and Alon to (i) collect and store in encrypted form your
FI Login Data, (ii) access the financial institution(s)’ websites using your FI Login Data, from time to time; (iii) download and store your FI Account Data; (iv) reformat and manipulate your FI Account Data; (v) create and provide hypertext links to your financial institution(s) FI Account Data; (vi) enhance the type of data and services we can provide to you in the future, and (vii) take such other actions as are reasonably necessary to perform the actions described in this Agreement as it relates to your use of the Service;
6.2.3 hereby represent that the financial institution(s)’ account(s) and FI Login Data belong to you, you have the right to use the FI Login Data and FI Account Data as set out above and that you have the authority to appoint, and hereby expressly do appoint, WonderLost, LLC and Alon as your agent with all necessary power and authority to use your FI Login Data and to access and retrieve your FI Account Data, as described above, on your behalf;
6.2.4 acknowledge that WonderLost, LLC and Alon does not review your FI Account Data and agree that WonderLost, LLC and Alon is not responsible for its completeness or accuracy;
6.2.5 acknowledge that any transactions or informational activities performed at any financial institution(s)’ website are not made through the Services and WonderLost, LLC and Alon assumes no responsibility for any such transactions or activities; and
6.2.6 acknowledge that you are solely responsible for any charges, fees or costs associated with your financial institution account(s) when accessed through the Services by you or by WonderLost, LLC and Alon.
6.3. Information from Financial Institutions’ Websites. You acknowledge that (i) some financial institution(s) may not permit WonderLost, LLC and Alon or other third parties to have access to FI Login Data or to allow the Services to access your FI Account Data; (ii) financial institution(s) may make changes to their websites, with or without notice to you or WonderLost, LLC and Alon, that may affect the overall performance of the Service and prevent or delay aggregation of data from such websites; and (iii) the Services refreshes your Services account data by collecting the FI Account Data automatically or manually (depending on your financial institution(s) or any changes by you that may require an update), so your most recent transactions may not always be reflected in the account balances or other account information presented to you by WonderLost, LLC and Alon through the Services. If you see a discrepancy in your Services account data as compared to your FI Account Data, and in any case before making any transactions or decisions based on such account data presented in the Services, you should check the last refresh date for your financial institution account(s) and confirm the accuracy of the Services account data against your FI Account Data and manually update such data as necessary.
7. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
You may have the option for WonderLost, LLC and Alon to transfer your data files from the Services in order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Services (the “Online Data Transfer”). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to WonderLost, LLC and Alon’s servers; where you grant WonderLost, LLC and Alon the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Services. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that WonderLost, LLC and Alon send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize WonderLost, LLC and Alon to transfer your data to and from the third party provider to enable provision of the Ancillary Services to you. WonderLost, LLC and Alon will support and maintain the data transfer service as part of the Service. You agree that the third party provider may transfer your data from the Ancillary Service to WonderLost, LLC and Alon, and that, WonderLost, LLC and Alon may use such data subject to the terms of this Agreement. You agree and acknowledge that WonderLost, LLC and Alon has no control over any third party provider or any third party Ancillary Services. Your use of the Ancillary Service is subject to additional third party terms and conditions. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Service and you should not authorize the Online Data Transfer to the third party Ancillary Service. .
8. SERVICE USE, STORAGE AND ACCESS. WonderLost, LLC and Alon shall have the right, in its sole discretion and with reasonable notice posted on an WonderLost, LLC and Alon website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. WonderLost, LLC and Alon reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. WonderLost, LLC and Alon may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. WonderLost, LLC and Alon will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
9. CANCELLATION. Upon cancellation you will be able to access the Services only through the end of the subscription term, as specified in the product or product program pages. After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. Please follow product instructions to cancel your account.
10. SOCIAL MEDIA SITES. WonderLost, LLC and Alon may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
11. THIRD PARTY PRODUCTS AND SERVICES. WonderLost, LLC and Alon may tell you about third party products or services, including via the Service. WonderLost, LLC and Alon may offer products and services on behalf of third parties who are not affiliated with WonderLost, LLC and Alon (“Third Party Products”) and/or provide access or links to third party websites ("Third Party Sites"). If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. . WonderLost, LLC and Alon is not affiliated with these Third Party Products or Third Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with WonderLost, LLC and Alon in any way. You agree that the third parties, and not WonderLost, LLC and Alon, are solely responsible for the Third Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. WonderLost, LLC and Alon will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third Party Sites.
You agree that you will (i) comply with all applicable laws, regulation and ordinances; (ii) not use the Third Party Products in any manner that would infringe or violate the rights of WonderLost, LLC and Alon or any other party; and (iii) not use the Third Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
12. ACCOUNT INFORMATION SERVICES
12.1 Users of the Services may opt to use Account Information Services to automatically import transaction and other information ("transaction information") into the relevant AO Account as an alternative to manually entering this transaction information.
12.2 The Account Information Services as described in section 11.3 below are provided to you by WonderLost, LLC and Alon Limited, 1 Cathedral Piazza, London, SW1E 5BP,
United Kingdom. WonderLost, LLC and Alon Limited is registered with the Financial Conduct Authority under the Payment Service Regulations
12.3 Account Information Services allows you to connect certain bank or other payment accounts you hold (“account") with your AO Account to automatically import transaction information from that account. You can choose whether to connect with your bank account using the direct feed option or the web feed option.
(a) For the direct feed option, you will be required to complete either a customer authority form or follow your bank’s authentication process which instructs your bank (or other financial institution) to share transaction information with WonderLost, LLC and Alon Limited. Your bank (or other financial institution) may request that you authorise this by completing its own authority as well or instead. Once authorised, your bank will provide WonderLost, LLC and Alon Limited with transaction information. You hereby acknowledge that WonderLost, LLC and Alon Limited will receive this information more than four times a day.
(b) For the web feed option we will request your online banking security credentials. Once we connect to your bank, our product downloads your transaction information automatically and securely. Each time you sign-in to your AO Account, we will use your stored online banking credentials to connect to your bank and download your transaction information so that you have the latest information. You may be required to submit additional credentials, such as from multi-factor authentication devices.
We will process the transaction information obtained from your bank and present this to you via your AO Account and, where relevant, any Additional Users that have been granted access to your AO Account in accordance with clause 19 or, if you have granted your accountant access to your AO Account via AOA, your accountant or financial advisor.
12.4 If you have a complaint relating to the Account Information Services you can contact us by telephone on 888-585-9801
12.5 WonderLost, LLC and Alon can, at its own discretion, block your account in case of any risk or event that can affect the security of your credentials or of your account content, it being specified that you will be informed as soon as possible in case such action has been taken.
12.6 In the event of any conflict with any other provision of this Agreement, the provisions of this Section 11 shall prevail as regards the provision of the regulated activity of Account Information Services.
12.7 The Agreement related to the provision of Account Information Services is entered into for an indefinite period of time. It shall enter into force as from the time you agree to it.
12. APPLE REQUIREMENTS.
If you downloaded the Software from the Mac App Store, the following terms also apply to you:
i. Acknowledgement: You acknowledge that this Agreement is between you and WonderLost, LLC and Alon only, and not with Apple, and WonderLost, LLC and Alon, not Apple, is solely responsible for the Software and the content thereof.
ii. Scope of License: The license granted to you for the Software is a limited, nontransferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
iii. Maintenance and Support: WonderLost, LLC and Alon and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
iv. Warranty: WonderLost, LLC and Alon is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be WonderLost, LLC and Alon’s sole responsibility.
v. Product Claims: WonderLost, LLC and Alon, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
vi. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, WonderLost, LLC and Alon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
vii. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
viii. Developer Contact Info: Direct any questions, complaints or claims to: WonderLost, LLC and Alon Inc, 2632 Marine Way, Mountain View, CA 94043
ix. Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
x. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
14. COUNTRY SPECIFIC TERMS
In the event of a conflict between the terms of general Terms of Service and the Country Specific Terms, the Country Specific Terms shall apply: Notwithstanding any to the contrary above, if you are accessing or using the Services in the following countries, you also agree to the following:
AUSTRALIA
The parties acknowledge and agree that this Agreement is only between You and WonderLost, LLC and Alon Australia Pty Limited.
Limitation of Liability. FOR THE AVOIDANCE OF DOUBT, WONDERLOST, LLC AND ALON DOES NOT EXCLUDE LIABILITY ARISING UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA.
Governing Law and Arbitration. The validity, construction and performance of this
Agreement will be governed by and construed in accordance with the laws of New
South Wales, Australia. All disputes, controversies or claims in connection with this
Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC Rules”) by one arbitrator mutually agreed to by the Parties and appointed in accordance with the ICC Rules. The place of arbitration shall be in Sydney, Australia, and all proceedings, including required notices and requests to the Parties shall be in conducted in the English language. Each Party may select its own counsel, including foreign counsel to participate on its behalf. The Parties may engage in reasonable discovery subject to the ICC Rules and any additional discovery requirements mutually agreed to by the Parties. The award by the arbitrator shall be final and binding on the Parties, and each Party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Each Party will be responsible for its own costs of arbitration.
MALAYSIA
Consumer Protection Act 1999 (“CPA”). Notwithstanding governing law of this Agreement being that of the Laws of England and Wales, such choice of law will not deprive a business or consumer in Malaysia of the mandatory protection afforded to them by the Malaysian Consumer Protection Act 1999 (“CPA”).
NEW ZEALAND
Affiliate Definition. An “Affiliate” means a Related Company as defined in section 2(3) of the Companies Act 1993 (read as if the expression "company" in that subsection included any body corporate of any jurisdiction).
New Zealand Consumer Guarantees Act 1993. The New Zealand Consumer Guarantees Act 1993 does not apply.
Contracts (Privity) Act 1982. For the purposes of the Contracts (Privity) Act 1982, WonderLost, LLC and Alon’s affiliates and subsidiaries are third party beneficiaries and shall be entitled to enforce the terms of this Agreement against you but any changes may be made to this Agreement by WonderLost, LLC and Alon without their consent.
UNITED KINGDOM
Compliance with preservation orders. WonderLost, LLC and Alon accepts no liability to you under this Agreement, or otherwise at law, for compliance by WonderLost, LLC and Alon with any order or notice, whether issued to WonderLost, LLC and Alon or to you, and whether issued by any court, tribunal, regulatory authority, arbitral tribunal or any body or authority exercising judicial, quasi-judicial, regulatory, or arbitral power or authority, requiring the preservation of any data, information documents or Content (a “Preservation Order”). To the extent that a Preservation Order has been issued to you, you acknowledge that you are solely responsible for your compliance with it.
Additional Service Agreement information is located on the fallowing pages.
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Additional Web Site SERVICE AGREEMENT/TERMS OF USE
1. 1. ACCEPTANCE OF TERMS
The services that WonderLost, LLC provides to User is subject to the following Terms of Use ("TOU"). WonderLost, LLC reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
A. A. This Agreement, which incorporates by reference other provisions applicable to use of all websites (web portals) listed in Section A General terms sub-section 1.1 , including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Section A General terms sub-section 1.1 sets forth the terms and conditions that apply to use of all websites (web portals) software/s by User. By using WonderLost, LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Section A General terms sub-section 1.1 is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
A. B. WonderLost, LLC shall have the right at any time to change or discontinue any aspect or feature of Section A General terms sub-section 1.1 including, but not limited to, content, hours of availability, and equipment needed for access or use.
A. 2. Changed Terms
WonderLost, LLC shall have the right at any time to change or modify the terms and conditions applicable to User's use of all sites in Section A General terms sub-section 1.1 or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Section A General terms sub-section 1.1 or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Section A General terms sub-section 1.1 by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
A. 3. DESCRIPTION OF SERVICES
Through its Web property, WonderLost, LLC provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
A. 4. Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of all sites in Section A General terms sub-section 1.1 and all charges related thereto.
A. 5. User Conduct
A. A. User shall use any sites in Section A General terms sub-section 1.1 for lawful purposes only. User shall not post or transmit through any sites in Section A General terms sub-section 1.1 any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without WonderLost, LLC's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in WonderLost, LLC 's discretion restricts or inhibits any other User from using or enjoying any sites in Section A General terms sub-section 1.1 will not be permitted. User shall not use any sites in Section A General terms sub-section 1.1 to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with WonderLost, LLC.
A. B. All sites in Section A General terms sub-section 1.1 contain/s copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of any sites in Section A General terms sub-section 1.1 are copyrighted as a collective work under the USA copyright laws. WonderLost, LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WonderLost, LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
A. C. User shall not upload, post or otherwise make available on any sites in Section A General terms sub-section 1.1 any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any sites in Section A General terms sub-section 1.1, User automatically grants, or warrants that the owner of such material has expressly granted WonderLost, LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants WonderLost, LLC the right to edit, copy, publish and distribute any material made available on any sites in Section A General terms sub-section 1.1 by User.
A. D. The foregoing provisions of Section 5 are for the benefit of WonderLost, LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
A. 6. USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
• θ Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• θ Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• θ Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• θ Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
• θ Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• θ Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• θ Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• θ Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• θ Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• θ Restrict or inhibit any other user from using and enjoying the Communication Services.
• θ Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• θ Harvest or otherwise collect information about others, including e-mail addresses.
• θ Violate any applicable laws or regulations.
• θ Create a false identity for the purpose of misleading others.
• θ Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
WonderLost, LLC has no obligation to monitor the Communication Services. However, WonderLost, LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. WonderLost, LLC reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. WonderLost, LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WonderLost, LLC's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. WonderLost, LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, WonderLost, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized WonderLost, LLC spokespersons, and their views do not necessarily reflect those of WonderLost, LLC.
A. 7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing WonderLost, LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify WonderLost, LLC immediately of any unauthorized use of User’s account or any other breach of security. WonderLost, LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by WonderLost, LLC or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
A. 8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of WonderLost, LLC and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, WonderLost, LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, WONDERLOST, LLC MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WONDERLOST, LLC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
A. 9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WonderLost, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WonderLost, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WonderLost, LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WonderLost, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
A. 10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL WonderLost, LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
A. 11. MATERIALS PROVIDED TO WonderLost, LLC OR POSTED AT ANY OF ITS WEB SITES
WonderLost, LLC does not claim ownership of the materials User provide to WonderLost, LLC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting WonderLost, LLC , its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all WonderLost, LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. WonderLost, LLC is under no obligation to post or use any Submission User may provide and WonderLost, LLC may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
A. 12. Disclaimer of Warranty; Limitation of Liability
A. A. USER EXPRESSLY AGREES THAT USE OF ANY SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1 IS AT USER'S SOLE RISK. NEITHER WonderLost, LLC , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ANY SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1 WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ANY SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1.
A. B. ALL SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1 IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
A. C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT WonderLost, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
B. D. IN NO EVENT WILL WonderLost, LLC , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING any/all sites listed in Section A General terms sub-section 1.1OR THE WonderLost, LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE any/all sites listed in Section A General terms sub-section 1.1 SITE]. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
A. E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WonderLost, LLC , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ANY SITES IN SECTION A GENERAL TERMS SUB-SECTION 1.1, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
A. F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. WonderLost, LLC , ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, WonderLost, LLC , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
A. G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
A. 13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE WonderLost, LLC 'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF WonderLost, LLC AND WonderLost, LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. WonderLost, LLC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. WonderLost, LLC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY WonderLost, LLC OF THE SITE.
WonderLost, LLC (and not a publisher) of content supplied by third parties and Users. Accordingly, WonderLost, LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of any sites in Section A General terms sub-section 1.1, are those of the respective author(s) or distributor(s) and not of WonderLost, LLC . Neither WonderLost, LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through any sites in Section A General terms sub-section 1.1 represents the opinions and judgments of the respective information provider, User, or other user not under contract with WonderLost, LLC . WonderLost, LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on any sites in Section A General terms sub-section 1.1by anyone other than authorized WonderLost, LLC mployee spokespersons while acting in their official capacities. Under no circumstances will WonderLost, LLC be liable for any loss or damage caused by a User's reliance on information obtained through any sites in Section A General terms sub-section 1.1. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through WonderLost, LLC . Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
A. 14. UNSOLICITED IDEA SUBMISSION POLICY
WonderLost, LLC OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN WonderLost, LLC 'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO WonderLost, LLC . SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO WonderLost, LLC OR ANYONE AT WonderLost, LLC . IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT WonderLost, LLC MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
A. 15. Monitoring
WonderLost, LLC shall have the right, but not the obligation, to monitor the content of any sites in Section A General terms sub-section 1.1 including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WonderLost, LLC and to satisfy any law, regulation or authorized government request. WonderLost, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on any sites in Section A General terms sub-section 1.1. Without limiting the foregoing, WonderLost, LLC shall have the right to remove any material that WonderLost, LLC , in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
A. 16. Indemnification
User agrees to defend, indemnify and hold harmless WonderLost, LLC , its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of WonderLost, LLC by User or User's Account.
A. 17. Termination
Either WonderLost, LLC or User may terminate this Agreement at any time. Without limiting the foregoing, WonderLost, LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which WonderLost, LLC , in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
A. 18. Miscellaneous
This Agreement and any operating rules for any sites in Section A General terms sub-section 1.1 established by WonderLost, LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Florida, USA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
A. 19. COPYRIGHT NOTICE
WonderLost, LLC its logos are trademarks of WonderLost, LLC Ltd. All rights reserved. All other trademarks appearing on WonderLost, LLC are the property of their respective owners.
A. 20. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Last Updated: April 17, 2023
END USER LICENSE AGREEMENT
This copy of Artemis Creator ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. WonderLost, LLC or its subsidiaries, affiliates, and suppliers own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:
Representative: Ryan L Wright
Address: 2598 E. Sunrise Blvd Suite 2104
Ft. Lauderdale, Florida 33304
Restrictions on Transfer
Without first obtaining the express written consent of WonderLost, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY WONDERLOST LLC, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
WonderLost, LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. WonderLost, LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. WONDERLOST, LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL WONDERLOST, LLC ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF WONDERLOST, LLC OR ANY OTHER PARTY, EVEN IF WONDERLOST, LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS WONDERLOST, LLC’SABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida's conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Last Updated: April 17, 2023
