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Terms & Conditions

Legal Disclaimer

At Wisebound, we understand the importance of clear and comprehensive terms and conditions. Our provided information is intended for general guidance and should not be considered legal advice. It is crucial to customize your terms and conditions to reflect your specific business requirements. We strongly recommend seeking legal counsel to ensure your terms and conditions are legally sound and tailored to your unique circumstances.

Establishing Legal Boundaries

At Wisebound, we recognize that terms and conditions play a vital role in defining the legal relationship between businesses and their website visitors or customers. Tailoring terms and conditions according to the nature of your business is essential. Whether you are involved in e-commerce transactions or providing informational content, the specific needs of your website should guide the formulation of your terms and conditions. It is advisable to seek local legal advice to ensure compliance with jurisdictional requirements.

Terms of Use

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Welcome to http://wisebound.com/ and the FMINFINITY Data and Maintenance Management application , all owned and operated by Wisebound Technologies and Consulting PVT LTD. (“WISEBOUND,” “us” or “we”), and our services made available to you through our website (the “Website” or the “Site”) and any online applications or mobile application and tools (the “Apps”). The Website and the Apps together constitute our service (the “Service”). The term “you” as used herein means the natural person or entity that has agreed to be bound by this Agreement, including without limitation enterprises that purchase Subscriptions (as defined below) for use by their employees or other authorized representatives (each an “Enterprise Purchaser”) or individuals purchasing Subscriptions for their own use (each an “Individual Purchaser”, and together with Enterprise Purchasers, “Purchasers”), as well as all users of the Service (“users”), whether such user is using a Subscription they purchased or that was purchased by an Enterprise Purchase for whom they are an authorized user, and whether or not such user has registered or created an account with Wisebound, or whether such user is using a portion of the Service that is available for use without being registered or creating an account or purchasing a Subscription. If a particular term of these Terms of Use applies only to you as a Purchaser or only to you as a user, this Agreement will so specify. Except as so specified, if you are a Purchaser and a user, all terms of this Agreement apply to you in both capacities.

Unless otherwise specified, all references to the Service include the services available through the WISEBOUND Website or mobile App, as well as any software that WISEBOUND provides to you that allows you to access the Service. The following Terms of Service, together with the ordering document made available to you online by WISEBOUND, or in the case of Enterprise Purchasers, the separate Product Order Form provided by WISEBOUND to such Enterprise Purchaser (the “Product Order Form”), are a legally binding contract between Purchaser and WISEBOUND regarding use of the Service by Purchaser and its users. Purchaser is fully responsible for all use of the Service through its account or Subscriptions purchased by such Purchaser (and in the case of Enterprise Purchasers, for compliance by its authorized users with these Terms of Service). 

Please read the following Terms of Service (“Terms” or “Agreement”) carefully before accessing or using any of the Service. Each time you (or if you are an Enterprise Purchaser, your authorized users) access or use the Service, you agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.

In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.

Please read the binding arbitration clause and class action waiver provisions in the dispute resolution section of these terms. It affects how disputes are resolved.

1. Description of Service

  • The WISEBOUND Service is a facility management tool for facility maintenance teams to make their work more productive and change the way facility maintenance requests are made and received. The Service includes (i) WISEBOUND systems, software, procedures, processes and technologies, and (ii) any applications, data, reports, and other content made available by or on behalf of WISEBOUND.

  • The Service does not include your User Content or User Data as later defined in this Agreement or any software application or service that is provided by you or a third party, which you use in connection with the Service.

  • Any modifications and new features added to the Service are also subject to this Agreement.

  • WISEBOUND reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to WISEBOUND.

2. Eligibility for Our Service

  • By using our Service, you represent that you are at least 18 years old and are fully able and competent to enter into this electronic contract, including the terms, conditions, representations and warranties set forth in these Terms.

  • Your registration for, or use of, the Service shall be deemed to be your agreement to abide by these Terms and our Privacy Policy, as well as any materials available on the WISEBOUND Website incorporated by reference herein.

3. Your Access and Use of our Service; License

  • Each individual user’s right to access and use our Service is personal to such user. An Enterprise Purchaser is limited to the number of users/Subscriptions specified in the Product Order Form pursuant to which it purchased Subscriptions. The Subscription/user account of an Individual Purchaser may not be reassigned. The Subscription/user account of the authorized user of an Enterprise Purchaser may only be reassigned to a new individual who is replacing one who will no longer use the Subscription/user account. Access to our Service may not be available in all locations. You are only entitled to access and use our Service for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; or (ii) restricts, inhibits or prevents any access, use or enjoyment of our Service, shall not be permitted, and may result in your loss of the right to access and use our Service. 

  • WISEBOUND grants user a non-exclusive, non-transferable, limited, personal, non-sublicensable, worldwide right to use the Service, including the underlying software and technology, solely for the user’s own internal business purposes (or in the case of an authorized user of an Enterprise Purchaser, the internal business purposes of such Enterprise Purchaser), subject to the terms of this Agreement.

  • Subject to the terms of this Agreement, user grants to WISEBOUND a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, license and right to use, copy, store, transmit and display User Data to the extent necessary to provide the Service.

  • The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Service; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Service; (iii) you shall not access the Site or Service in order to build a competitive Service; and (iv) except as expressly stated herein, no part of the Site or Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

  • Furthermore, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal use) from our Service without our prior written permission and the appropriate third party, or except as otherwise allowed under this Agreement, as applicable; (iii) interfere or attempt to interfere with the operation of our Service or any activities conducted on our Service; or (iv) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.

  • You understand that WISEBOUND may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the App or the Website including, without limitation, text messages.

  • Any future release, update, or other addition to functionality of the Site or Service shall be subject to these Terms.

4. Accounts and Registration

  • To access the Service you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself and or your company or employer. Some of this information may be of a confidential nature and may include personal identifying information and/or financial information (all “Your Information”).

  • If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity or that of your company or employer. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.

  • Our collection, use, and disclosure of Your Information is governed by these Terms and our Privacy Policy which you may access here https://wisebound.com/privacy.

5. Account Management

  • Keep Your Password Secure. If you have been issued an account by WISEBOUND in connection with your use of the Service, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not WISEBOUND, are responsible for any activity occurring in your account, and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with use of the Service, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify WISEBOUND immediately. 

  • Keep Your Details Accurate. You must keep your email address, phone number and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.

6. Subscriptions; Payments

  • The WISEBOUND Service is provided by paid subscription (the “Subscription”). For Individual Purchasers, you select the subscription term and billing interval from among the options we offer when you purchase your Subscription through our online purchasing process. For Enterprise Purchasers, the subscription term and billing frequency for your Subscriptions is set forth in the Product Order Form you enter into with WISEBOUND. Notwithstanding the foregoing, if no subscription term or billing frequency is set for in the Product Order Form or the online purchasing process, as applicable, your subscription term is annual and billing is annually in advance. The initial rate for your Subscription is as set forth on our Website or on your Product Order Form, if applicable, which rates may be updated from time to time as disclosed on the Website. Please refer to our Website for the most current rates and terms, which are incorporated into this Agreement by reference. 

  • Upon completing registration for a Subscription, your credit card or other selected payment method will be billed for the Subscription on a recurring basis at the then-current rate and terms for the interval you selected. Your Subscription will renew and be billed automatically unless cancelled before such renewal.

  • You grant the Company and its third-party payment processors the permission to charge your credit card for the then-current rate of the Subscription on an ongoing basis until cancelled by you. You agree not to dispute any charge or institute any chargeback for a Subscription you have purchased.

  • Notwithstanding the foregoing, the billing terms, payment method and timing of payment for Subscriptions purchased by Enterprise Purchasers may differ from the foregoing. In such case, the agreed billing terms, payment method and timing for payment will be set forth in the Product Order Form.

  • WISEBOUND’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and user shall be responsible for payment of all such taxes, levies, or duties.

  • You may cancel your Account or Subscription at any time. No refunds will be available.

  • To cancel your Subscription or Account, you must email legal@onupkeep.com to cancel your subscription. Users who cancel an annually billed Subscription will have access terminated at the end of the current billing period. 

  • WISEBOUND offers a free trial plan (the “Trial Subscription”), the terms of which are disclosed on the Website. Please refer to our Website for the most current Trial Subscription terms, which are incorporated into this Agreement by reference.

  • WISEBOUND reserves the right to suspend or terminate user’s access to the Service if user’s account becomes thirty (30) days or more delinquent. 

  • Users may not share their Subscriptions or Trial subscriptions with any other user.

7. Privacy Policy

For information about the WISEBOUND data protection practices and privacy policies, please read our Privacy Policy where you accessed these Terms of Service or here https://wisebound.com/privacy. This policy explains how we treat your personal information, and protect your privacy when you use the Service. You agree to WISEBOUND’s use of Your Information in accordance with WISEBOUND Privacy Policy.

8. Our Intellectual Property Rights

  • This Agreement is not a sale and does not convey any title or rights of ownership to you in or related to the Service or any of the hardware, software, technology or other items we use to provide the Services or under any of our or our licensors intellectual property rights (collectively “WISEBOUND Technology”). As between WISEBOUND and you, WISEBOUND or its licensors own and reserve all right, title and interest in and to the WISEBOUND Technology, other than the rights explicitly granted to you to use the Service in accordance with these Terms. All rights not explicitly granted to you are reserved by WISEBOUND.

  • Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks are owned by WISEBOUND. You may not use the Proprietary Marks without our prior written permission.

  • We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Service. Any third-party names, trademarks, and service marks are the property of their respective owners.

  • The information, advice, data, software and content viewable on, contained in, or downloadable from our Service (collectively, “Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.

  • We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).

  • You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the Our Proprietary Marks, Our Content, the Collective Work or Our Technology for purposes that are contrary to the terms and conditions of this Agreement.

9. User Data and User Content

  • “User Data” means, without limitation, any data, information or material provided or submitted by you to WISEBOUND in the course of utilizing the Service.

  • “User Content” means, without limitation, any messages, texts, digital files, images, photos, artwork, videos, audio, comments, feedback, suggestions, reviews and documents, or other content you upload, transmit or otherwise make available to WISEBOUND and its users via the Service.

  • All User Data and User Content submitted by user to the Service shall remain the sole property of user.

  • By submitting User Data or User Content on or through the Service, you represent that you possess all necessary intellectual property rights to, and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, and display all or any portion of the User Data or User Content in connection with WISEBOUND providing the Service and perform its obligations hereunder.

  • You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, copyright or license of all of your User Data and User Content.

  • In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Data and User Content, including the ability to transmit, manipulate, process, store and copy User Data and User Content in order to provide our Service to you and for the other purposes permitted hereunder. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.

  • WISEBOUND expressly disclaims any liability for the loss or damage to any User Data or User Content or any losses or damages you incur as a result of the loss or damage of any User Data or User Content. It is your responsibility to back-up any User Data and User Content to prevent its loss. 

  • We are not responsible for the authenticity, accuracy, appropriateness, or legality of User Data or User Content. WISEBOUND reserves the right to withhold, remove, return and/or discard User Data or User Content at any time without notice for any reason or no reason, including without limitation as a result of your nonpayment for Services or any other breach of this Agreement.

10. Data Storage

  • WISEBOUND reserves the right to establish or modify its general practices and limits concerning storage of User Data and User Content.

  • WISEBOUND reserves the right to provide and require an additional charge for data storage that exceeds the current maximum capacity available for an individual user.

  • In the event that you terminate your Subscription, WISEBOUND will, upon your written request received by us within 30 days of the termination notice, use commercially reasonable efforts to provide you with a digital file of your User Data and User Content.

  • Upon expiration or termination of your Subscription, your right to access, or use, User Data or User Content immediately ceases, and WISEBOUND shall have no obligation to maintain or forward any User Data or User Content except as required to provide you with a digital file upon your request as provided above and may delete the same 30 days after expiration or termination.

11. Suspension and Termination of Service

  • We reserve the right to suspend or terminate the Service, your Subscription or your access to the Service for your Material Breach (as defined below) or for any other reason, without notice, at any time.

  • Upon termination or suspension by WISEBOUND, your access to the Service shall terminate or be suspended and we will not be liable in respect of any damage caused by such termination or suspension. 

  • You can terminate your Subscription at any time. 

  • Upon termination of your Subscription, all licenses and other rights granted to you in these Terms will immediately cease.

  • Upon termination or suspension of your Subscription, you will not be entitled to any refund of unused fees; provided that upon our termination or suspension of your Subscription for a reason other than your Material Breach we may, at our sole discretion, issue a refund for the unused portion of your Subscription, although we have no obligation to do so. 

  • We reserve the right to refuse access to the Service to anyone for any reason at any time.

12. Breach of Terms; Termination

  • Any breach or failure by you to comply with the terms of this Agreement, including without limitation failure to pay for your Subscription as required hereunder, or any unauthorized use of the Service, shall be a material breach (“Material Breach”) of this Agreement.

  • Upon a Material Breach, WISEBOUND, in its sole discretion, may terminate user’s password, account or use of the Service without any liability to the user.

  • User agrees and acknowledges that WISEBOUND has no obligation to retain your User Data and User Content, and may delete such User Data and User Content, in the event of your Material Breach.

13. Interruption of Service

  • Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that we, in our sole discretion, may elect to take. 

  • You agree that we will not be liable to you or to any third party for any interruption of the Service or any part thereof.

14. Third Party Links, Service and Content

  • The Site, App and Service may contain services, features and functionalities linking you to, or providing you with, certain functionality and access to third party Service and content, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. When you visit or use a third party’s website you acknowledge that such website is subject to the third party’s Terms of Service and Privacy Policy and you release us from any liability.

  • You acknowledge that we are not responsible for such third-party content or services and that we are not an agent of any third party, nor are we a direct party in any such transaction with a third party. Any such activities, and any terms associated with such activities, are solely between you and the applicable third party. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our actions.

15. Electronic Communications; Notice

  • When you use our Service, you consent to communicating with us electronically. You also consent to receive communications from us electronically by email, text, SMS or otherwise. 

  • Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email, telephone, text, SMS or by posting notices on our Service. 

  • You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  • Notice by WISEBOUND to the user, or by the user to WISEBOUND, as required by any terms of this Agreement, shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class) or 12 hours after sending by email.

16. Electronic Transactions

  • Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically including, without limitation, in-application purchases and other financial transaction. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and transactions.

  • Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including in-application purchases, financial transactions, notices of cancellation, policies, contracts, and applications.

17. Security

Violating the security of our Site, App or Service is prohibited and may result in criminal and civil liability. WISEBOUND may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or Site or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.

18. Copyright Policy

We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Service which allegedly infringes another person’s copyright and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Service or remove, edit, or disable any User Content on the Service which allegedly infringes another person’s copyright. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).

A valid complaint under the DMCA must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

  • Identification of the copyrighted work that you claim has been infringed.

  • Identification of the material that is claimed to be infringing and where it is located on the Service.

  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address. 

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.

19. Disclaimers; Limited Warranties

  • Our content and all service are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our service or the information, content, materials or service included on or associated with our service. You expressly agree that your use of our service and all products and service included on or associated with our service is at your sole risk.

  • You are solely responsible for all of your communications and interactions with other users and with other persons with whom you communicate or interact as a result of your use of our service.

  • We make no representations or warranties of any kind, express or implied, as to third-party service providers that we may use in the operation, processing and administration of the service.

  • We do not make, and expressly disclaim, any representations, warranties or guarantees, express or implied, regarding the security, accuracy, correctness, or completeness of the content or the service and products associated with our service, or the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the content or the service and products associated with our service.

  • We make no representation, warranty or guarantee that the content or software that may be available for downloading from our service is free of infection from any viruses, malicious software or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  • We disclaim any responsibility for the deletion, failure to store, miss delivery, or untimely delivery of any data or content, information or material.

  • We make no representations that our service is appropriate or available for use in any jurisdictions. When you access or use our service from a jurisdiction, then you do so by your own volition and are solely responsible for compliance with local law.

  • Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

20. Limitations of Liability

  • In no event shall we be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your access and use of our services; (ii) your breach or violation of the terms and conditions of this agreement; (iii) your delay in accessing or inability to access or use our services for any reason; (iv) your downloading of any of our software, content or the collective work for your use; or (v) any digital data, images, photos, artwork, videos, audio, documents, information, software, products or services obtained through our services, or otherwise arising out of the use of our services, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages.

  • This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the website, app or services, and include, without limitation, the costs of procurement of substitute goods or services, lost profits, or lost data.

  • WISEBOUND may at any time, in its sole discretion, delete any user content without incurring any liability for such deletion or loss resulting from such deletion. WISEBOUND expressly disclaims any liability for the loss or damage to any user content, user data, or any losses or damages you incur as a result of the loss or damage of any user content or user data.

  • Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

  • Our liability and the liability of our affiliates, directors, officers, employees, independent contractors, shareholders, representatives, and agents arising out of this agreement shall not exceed the amounts actually paid by user in the three (3) month period immediately preceding the event giving rise to such claim.

  • You specifically acknowledge that we shall not be liable for any illegal acts or conduct of any user or third party.

  • You and we agree that any cause of action arising out of or related to our services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  • Certain state or jurisdictional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

21. Indemnity

  • You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless WISEBOUND and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party.

  • We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

22. Remedies

  • You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. 

23. Dispute Resolution

  • This agreement contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. This agreement also contains an agreement that you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. Please read the following terms carefully before accessing or using any of the service. Each time you access or use the service, you agree to be bound by these terms. If you do not agree to be bound by the mandatory arbitration provision and the class action waiver you may not access or use the service.

  • For any dispute you have with WISEBOUND, you agree to first contact us at legal@wisebound.com and attempt to resolve the dispute with us informally. If WISEBOUND has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:

  • You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Service will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

  • Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Service, or any products or services delivered, sold, offered, or purchased through our Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.

  • Prohibition of Class and Representative Actions and Non-Individualized Relief. You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.

26. Amendments to this Agreement

  • We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion.

  • Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. 

  • Your continued use of the Services after any amendments to this Agreement are posted here shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. 

  • You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement.

Miscellaneous

27. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WISEBOUND as a result of this Agreement or your use of the Site or App.

28. Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

29. No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

30. Assignment

WISEBOUND may assign this Agreement to (i) a parent or subsidiary, (ii) an acquirer of all of the assets of WISEBOUND, or (iii) a successor of WISEBOUND’s interests by merger.

This Agreement may not be assigned by you without the prior written approval of WISEBOUND.

Any purported assignment in violation of this section shall be void.

31. Survival

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

32. Entire Understanding

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Service, please contact us at legal@wisebound.com.

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