Thank you for choosing Wimc. We provide a financial technology platform and service (the “Platform”) designed to help you earn money on referrals.
By your online agreement when you register with Wimc, and when you use the Platform, you agree to these Terms of Service. Agreeing to these Terms of Service is a requirement to use the Platform and be eligible for any of our Services (as defined below). By using the Platform, you are instructing us to share your data across our Platform to provide you the related services, determine your eligibility for specific offerings, market those offerings to you, and for other purposes consistent with applicable law, as described in our Privacy Policies. This data may include credit information and other information we obtain from third parties.
To access and/or use the Platform, you acknowledge and agree:
IMPORTANT - PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND CONTAINS A WAIVER OF ALL CLASS ACTION AND REPRESENTATIVE CLAIMS.
The Platform and Services are provided through our website currently located at https://www.wimc.me (the “Site,” which includes the mobile version of the Site accessible through the wimc mobile application (the “App”). The Site and App each provide access to the Platform, and to the Services.
To use the Site, you must use a compatible device and comply with any applicable third-party terms, including the terms of any app platform provider. With respect to any Platform software you download or access, you only have a limited license to use such software in the manner permitted by these Terms.
Upon accessing the Site, you will be asked to create a Wimc account (an “Account”) if you have not already created one. Creation of an Account will require you to provide certain information as described below under “Compliance and Legal Requirements.” If you already have an Account, you must log-in using your password and any other required authentication to use the Services.
We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services except as provided under applicable law. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.
In connection with the Services, we may need to contact you from time to time regarding matters related to your Account or otherwise. You agree that we may contact you by any means you have provided us, including email, telephone (including mobile telephone and, if you have elected to participate in one or more of our mobile messaging services, SMS), , and that we can contact you outside of normal business hours notwithstanding any contrary provision of state law.
You may use the Platform and the Services for your personal and lawful use or as otherwise permitted under these Terms or any other agreement specific to one of the Services. You may not use the Services for any illegal, unlawful, malicious or improper activity, as we may determine in our sole discretion. We reserve the right to take preventive or corrective actions to protect ourselves and our customers from any such activity, including suspension or termination of access to the Platform, Services, and any Account.
We maintain the right to delete your Account or bar you access to the Services in our sole discretion, without notice and without liability.
You are responsible for all activities that occur under your Account or password. It is your responsibility to maintain the confidentiality of your password, and to restrict access to your computer, mobile device, or other device used to access the Platform so that no one else can access the password-protected portion of the Platform or Services using your name or Account information in whole or in part.
The Services are not intended to provide any financial advice.We cannot guarantee any financial gain.
While some of the third-party offerings and services promoted through the Platform and Site may be from non-profit organizations, Wimc has financial relationships with most of the providers of Marketplace Services and other third-party products and services advertised, offered or mentioned through the Platform, on or via the Site, or in connection with the Services, and Wimc may be compensated if you choose to apply for and/or ultimately acquire these third-party products and services.
we may use information you have provided us and we have been provided about you in connection with the Wimc Services to match you with Marketplace Services we believe you may qualify for and be interested in. You consent to us using any account information related to any Services you obtain through the Platform for any other of the Services.
You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Platform and/or Services, including ideas or inventions collected by Wimc (collectively, “Feedback”). Feedback may also include your responses to surveys or other information voluntarily provided by you to Wimc. You agree that Feedback (i) may contain your original ideas or inventions and is provided by you to Wimc unsolicited and without payment, conditions or restrictions; (ii) once conveyed to Wimc, becomes the property (including all intellectual property rights) and confidential information of Wimc; and (iii) may be used or distributed by Wimc for any purpose in connection with the Services or development of any other product or services, including disclosure of such information to affiliates, subsidiaries or third-party developers and publishers. Wimc shall have no duties or obligations with respect to Feedback provided by you.
We may make available to you, as a direct part of the Services or through third party tools, the ability to provide reviews, commentary and testimonials regarding the Services (“Testimonials”). To the extent you elect to provide Testimonials, you hereby grant Wimc and its successors, assigns, affiliates, distributors, issuing banks and licensees the unlimited and irrevocable right to use and record your likeness, name and/or voice, biography, testimonial(s), statement(s), interview(s) and performance(s) (collectively, “Likeness”) in any video, audio, text or other medium; to edit such Likeness at our discretion; and to use, distribute, and incorporate the same in connection with or as part of Wimc’s marketing and advertising activities and/or any other lawful use desired by Wimc (the “Project”), throughout the world, in perpetuity. You also agree that Wimc may (and may license others to) reproduce, distribute, publicly perform, display, modify, translate, and otherwise use, without payment to you of any kind, your Likeness in and in connection with the production, distribution, exhibition and exploitation of the Project, its businesses and products and services, and all associated advertising and publicity. You hereby acknowledge that you have no right, title or interest of any kind or nature whatsoever in or to the Project, and that Self shall be the sole and exclusive owner of the Project and all of the proceeds.
Wimc may make available to you various optional authentication and security services via the Site. Examples include ID or driver’s license scans, online ID verification tools, biometric identification methods such as face or fingerprint recognition, and geolocation. Such services may be subject to additional terms and conditions that will be presented for your review and agreement upon your election to use such services. Such services may be provided by third parties, including third parties contracted by Self and provided through the Platform, and third parties such as device providers with whom you may have a direct consumer relationship. You agree that Self and its third party service providers shall not be liable to you for any claims based on their provision of such services and use of the data and information provided thereby in accordance with applicable law, these Terms and any supplemental terms applicable to such services.
You grant Wimc your express written consent to receive autodialed and prerecorded message calls, text messages or push notification alerts from Wimc, or third-party service providers acting on Wimc’s behalf, at any mobile telephone number you provide to Wimc, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express written permission applies to messages and alerts regarding the Services. By providing your email address to Wimc, you agree that Wimc or third-party service providers acting on Wimc’s behalf, may e-mail Account registration information, Services use information with regard to the Services, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal “do not email” registry. With regard to any text messages, alerts or email relating to the Services, Self will not include any access codes or similar non-public personal information in such messages. Text messaging or SMS alerts will be subject to the terms of Wimc’s Mobile Terms of Service for Products and Mobile Terms of Service for Promotions, as applicable.
Wimc has no obligation to monitor the Site, but you acknowledge and agree that we have the right to monitor the Site and your use thereof, electronically or otherwise, from time to time, and to disclose or report any information as we may in our sole discretion deem necessary or appropriate to comply with applicable law, regulation or governmental request, to prevent fraud and abuse, operate the Site and Platform, provide the Services, and protect users, ourselves, or other third party providers of any component of the Services.
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Platform and Site (collectively, “Content”) is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content and Site are operated and maintained by Self and its Affiliates, and/or their licensors and suppliers (collectively, “Licensors and Suppliers”). Except as expressly provided in these Terms, no part of the Platform, Site or Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Platform, Site and Services pursuant to these Terms, we retain all right, title and interest in and to the Platform, Site, Content and Services, including all related intellectual property contained therein.
Certain features of the Services may allow you to upload, post, publish, share, store, or manage data or visual content (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute, post and publish such Materials to and with us, either because you are the author or because you have the appropriate distribution rights, licenses, consents, and/or written permissions to use such Materials from the copyright or other owner. You hereby grant us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable license to use, copy, perform, display, publish, distribute and create derivative works of such Materials as we deem appropriate to perform the Services and in accordance with these Terms. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials, whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other customers posted via the Services or obtained by you through the Services is at your own risk. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You acknowledge that we may enhance, supplement, modify, or remove Content on the Site at any time for any reason without notice to you, but we shall have no duty to update such Content.
We will not provide tax or financial advice with respect to your Account and you agree that none of the Content provided through the Site is intended as, and shall not be deemed to be, financial or legal advice.
In addition to links to the Marketplace Services, the Site may contain links to other independent third-party web sites, and we may provide links to third-party websites as part of the Services (in all cases “Linked Sites”). Such Linked Sites are not under our control, and we are not responsible for the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites, and any terms and conditions, privacy policies and other provisions that apply to and govern access and use of such sites and any products or services provided through such sites.
Wimc (including the Wimc logo), Wimc.me and all other and related logos and associated goodwill of Wimc used and exhibited on or in connection with the Services (collectively, the “Wimc Trademarks”) are trademarks or service marks of Wimc. Other company, product, and service names and logos used and exhibited on or in connection with the Services may be trademarks or service marks owned by others. Nothing in the Services should be interpreted as allowing, by association, estoppel, or otherwise, any license or right to use any of the Wimc Trademarks displayed on the Services without our prior written permission in each case. You may not use, copy, display, distribute, modify or reproduce any of the Wimc Trademarks found on the Services unless following written permission by us. We forbid use of any of the Wimc Trademarks as part of a link to or from any site unless such a link is approved, prior, in writing by us. Any questions concerning any Wimc Trademarks, or whether any mark or logo is a Wimc Trademark, should be referred to Wimc via legal@wim.me.
DMCA. You may not use the Site for any use or in any aspect that violates the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), Self follows the notice and take down procedures of the DMCA. We have a policy of deleting the accounts of customers who (to our knowledge) are repeat violators.
Procedure. If you believe that any material on the Site encroaches your copyrights, notifications of claimed copyright violation should be sent to Self as set forth below.
Email address: legal@wimc.me
To be processed, all notices must comply with the requirements of the DMCA as set forth at 17 U.S.C. § 512(c)(3).
It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Each of the Services has its own requirements regarding payments for such Services. Please log into your Account through the Site or App (“Account Portal”) or contact our customer success team for available means to make a payment related to your Account(s). In most instances, we provide means for you to pay by ACH, debit, credit and digital payments.
If you believe there has been an unauthorized and/or erroneous transaction involving your Wimc Account, please consult your Account Portal for the means whereby to notify us.
Wimc will take the appropriate actions needed to rectify any processing error that we discover or that is brought to our attention. If the error resulted in you receiving less than the correct amount to which you were entitled, Wimc will credit your account for the difference. If the error resulted in you receiving more than the correct amount to which you were entitled, Wimc will debit the extra funds from your registered account.
Wimc reserves the right to waive its liability for processing errors if it is determined that (a) our system was not working properly and you knew about the breakdown when you started the transaction, (b) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions, (c) notification was not given to Self in a timely fashion as set forth above, or (d) such liability is expressly excluded by applicable law, another provision of these Terms, or any other agreement between you and Self or an Issuing Bank.
The Wimc “refer a friend” program is intended to be a way for you to invite people in your network to enjoy the benefits of a Wimc Account, and be rewarded for your referrals. Whenever and wherever you refer Wimc under the Program, any statements you make about Wimc must be:
When referencing Wim , you may only use the language and links provided to you in your Account Portal. Any modification or efforts to modify the delivery and accurate presentation of the referral link, content, or other materials and instructions provided by Wimc will be considered a violation of these terms. You may not take out ads on behalf of Wimc, or use the Wimc logo or likeness without written approval from Wimc.
Any violation or abuse of this program may result in the forfeiture or reversal of a referral bonus. You may also be deemed to be ineligible for future referral bonuses.
Wimc reserves the right to limit, cancel, or revoke referral bonuses at its sole discretion.
These Terms will be effective and in force until terminated by you or Wimc as set forth below.
We may terminate your Account(s) and associated privileges immediately if you fail to comply with these Terms or any applicable agreement entered into by you in connection with any specific product or service available as part of the Services. Wimc also has the right to terminate your participation or suspend your access to the Platform and Services at any time, in Wimc’s absolute discretion, without cause.
If you want to terminate these Terms, your Account(s) and your relationship with Wimc, or delete any of your data, you may do so by any of the following means:
Additionally, you can terminate your Account(s) and your relationship with Wimc by logging into your Wimc Account Portal and following the relevant instructions.
Some parts of these Terms will survive and continue to apply after termination. These include the sections titled “Privacy Policies and Consent to Collect and Use Data,” “Content and Materials,” “Payments,” “Warranty Disclaimer,” “Limitation of Liability,” “Indemnification,” “Waiver of Jury Trial and Arbitration Agreement,” “Interpretation,” and “Entire Agreement,” and this Section regarding Termination shall survive any termination or expiration of these Terms.
We may make changes to the Platform and related services at any time at our discretion.
Representations and Warranties
You represent and warrant to Wimc that (a) all information, including, without limitation, personal information, that you provide to us is accurate and truthful, and you will update such information with Wimc as soon as it changes, (b) you have the authority to share personal information with us and to grant us the right to use personal information as provided in these Terms and Privacy Policy and Privacy Notice, (c) you have the right to grant us the licenses specified in the section titled “Content and Materials” above, if applicable, (d) your acceptance and use of the Services pursuant to these Terms does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, (e) you will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operations of the Services, (f) the account with your mobile service provider for the mobile device on which you are using the Services, including the App, is current and in good standing, (g) you are at least 18 years of age and have the right, power, and authority to enter into these Terms, and (h) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of any person.
THE PLATFORM, SITE AND SERVICES AND ANY CONTENT OR INFORMATION MADE AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SELF, SELF’S THIRD-PARTY SERVICE PROVIDERS, INCLUDING CSIDENTITY CORPORATION, AND ITS OR THEIR DATA PROVIDERS AND OTHER THIRD-PARTY SERVICE PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, SITE OR SERVICES, AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, SELF, CSIDENTITY CORPORATION AND ITS AND THEIR DATA PROVIDERS AND OTHER THIRD-PARTY SERVICE PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PLATFORM, SITE OR SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE PLATFORM, SITE OR SERVICES OR DATA THEREIN.
You acknowledge that access to the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems.
We reserve the right at any time, without notice (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms (except as described in the Self Privacy Policy and Privacy Notice); and (3) to interrupt the operation of the Site and/or provision of Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
In no event shall Wimc, its Affiliates, or its or their officers, directors, employees, managers, members, stockholders, agents or third-party providers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with this Agreement, the use or performance of the Platform, Site, Services or Content, the delay or inability to access or use the Platform, Site or Services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Platform, Site, or Content, or otherwise arising out of the use or access of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Self has been advised of the possibility of damages. The total aggregate liability of Self and its Affiliates, Issuing Banks and third-party providers arising out of or related to this Agreement, the Platform, Site, Services or Content shall be limited to the greater of (1) the fees that you paid to use the relevant Services in the 12 months preceding the acts or omissions alleged to have caused such liability or (2) $100.00.
You agree to indemnify and hold Wimc and its Affiliates, and each of their third-party vendors, directors, officers, employees and agents harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of any applicable law, rule or regulation in connection with your use of the Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.
These Wimc. Mobile Terms of Service for Products (“Products Terms of Service”) are a supplement to and form a part of the Wimc. Terms of Service (the “General Terms of Service”), and its affiliates and subsidiaries (“Wimc” or “we” or “us”), and you, the person registering for or using services provided by Self (“you” or “your”). These Products Terms of Service apply to your receipt of SMS messages from Wimc to the phone number you previously provided to us at registration in connection with the Services that Wimc provides to you in accordance with the General Terms of Service (the “Mobile Service”). A copy of the current General Terms of Service may be found here. A copy of Self’s privacy policy, which applies to and forms a part of these Products Terms of Use, can be found here. Message and data rates may apply to your use of the Mobile Service. Contact your wireless carrier for information about your mobile plan rates for SMS (i.e., short message service, also known as text messages) and internet or data usage. Capitalized terms used but not defined herein will have the meanings given to them in the General Terms of Service.
The Wimc Updates SMS program provides SMS messages to you regarding your Self accounts, products and services, including, without limitation: (i) payment reminders; (ii) credit card utilization updates; (iii) account closure; (iv) CLI updates; (v) credit card purchase notifications; and (vi) other account-related information and updates. Message frequency varies.
In order to use the Mobile Service, you must accept these Products Terms of Service. Please click “I accept” or “Sign up” on the login screen. By clicking “I accept” or “Sign up,” you are accepting and agreeing to be bound by all of the Products Terms of Service, which shall be in addition to the General Terms of Service.
Enrollment in the Mobile Service requires the use of a mobile device with SMS/text capabilities. Once you indicate your agreement to these Products Terms of Service, you will receive an SMS message confirming your enrollment in the Mobile Service.
If you are experiencing issues with the Mobile Service, you can reply to the text that we send to you with the keyword “HELP” for more assistance.
Wimc may use other use-tracking devices, which may change from time-to-time as technology changes, to help diagnose problems and to administer the Mobile Service. Self also may track device types to help us understand our users' needs related to our Mobile Service design and functionality. If you use the Mobile Service, then we may collect and store Personal Information (as defined in the Privacy Policy). We will not share any Personal Information you provide us through the Mobile Service with a third party except as described in our privacy policy (as linked above).
You are responsible for the costs associated with purchasing, maintaining, and protecting the mobile device you use to access and utilize the Mobile Service. You are also responsible for ensuring your mobile device is up-to-date with the applicable operating system and any security updates as well as maintaining your mobile device’s capacity and connectivity required to use the Mobile Service.Self is not responsible for any third-party software that you may maintain on your mobile device regardless of how such third-party software affects your use of the Mobile Service. Further, Wimc is not responsible for any non-standard settings elected or established on your mobile device, which may or may not affect your use of the Mobile Service.
You are responsible for maintaining the confidentiality of your access credentials to the Mobile Service, and the security of your systems and networks that you use to access the Mobile Service. You agree to immediately notify Self in the event that you become aware, or otherwise suspect, that your mobile device or access credentials have been shared with or disclosed to third parties.
Currently, there are no fees for the Mobile Service. IMPORTANT INFORMATION ABOUT YOUR WIRELESS CARRIER CHARGES: Because alerts are provided by SMS and data, which is available through your mobile device’s internet connection, your wireless carrier may charge you fees under your wireless plan for, among other things, receiving SMS/text messages, sending SMS/text messages, and using data (such as to access the internet) in connection with the Mobile Service. You acknowledge and agree that you are responsible for any fees or other charges that your wireless carrier may charge for any related data, SMS/text or other message services.
By using the Mobile Service, you represent that you are the owner of the mobile phone number, and other information you used to enroll for the Mobile Service. You authorize Self to, and you agree that Self may, send any notice or communication regarding the Mobile Service to you via SMS/text message. This includes a change in terms notice or a termination notice of the Mobile Service. We may also send you messages to verify or authenticate your identity. You agree that notice or communication via SMS/text message [or other permitted electronic means]will be effective and deemed delivered to you when Self makes the notice of communication available to you in such manner using the phone number you provided. You further acknowledge and agree that:
Except for the ability to use the Mobile Service as set forth herein or as may be set forth from time to time by Wimc, these Products Terms of Service do not transfer to you any right, title or interest in or to any of the intellectual property or other proprietary rights in or to the Mobile Service. Wimc retains all intellectual property and other proprietary rights, title and interest in and to the Mobile Service.You further agree that you will not (i) sell, lease, distribute, license or sublicense the Mobile Service, or any of the functionality, features, options thereof or any other part thereof; (ii) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Mobile Service in any way for any reason; (iii) reproduce all or any part of the Mobile Service; or (d) interfere, or attempt to interfere, with the Mobile Service.
We may, from time to time and at any time, amend, modify, add or delete (each, a “change”) these Products Terms of Service or any part thereof with or without notice to you (except to the extent prohibited by applicable law). If applicable law requires that we provide you with advance notice of a change, we will provide you with no less than the minimum advance notice as is required by applicable law. Without limiting the generality of the foregoing, a change may include a change to existing terms and/or conditions, address new service or features available under the Mobile Service, or address conditions not otherwise contemplated by you or Self at the time you accepted these Products Terms of Service. If you do not agree with any change, you may discontinue using the Mobile Service. Your continued use of the Mobile Service constitutes your acceptance of and agreement to any change.
We reserve the right to terminate the Mobile Service, in whole or in part, for any or no reason, with or without prior notice, and at any time.
THE MOBILE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELF NOR OUR REPRESENTATIVES WARRANT THAT THE MOBILE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF DEFECTS, OR THAT DEFECTS WILL BE CORRECTED.
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL SELF OR ITS REPRESENTATIVES OR VENDORS, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (A) YOUR USE OF THE MOBILE SERVICE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MOBILE SERVICE; OR (C) UNAUTHORIZED ACCESS TO THE MOBILE SERVICE, EVEN IF ANY OF THE FOREGOING PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE MOBILE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOBILE SERVICE. FURTHER, NONE OF THE FOREGOING PERSONS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE RELATING TO THE MOBILE SERVICE DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS, FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS, OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN THOSE JURISDICTIONS WHERE THIS EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF SELF OR ITS VENDORS OR REPRESENTATIVES, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS AND AGENTS OF ANY OF THE FOREGOING, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100).
For the avoidance of doubt, the General Terms of Use, as the same may be amended or modified from time to time, applies to these Products Terms of Use as if the same is set forth herein.