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Wowzer Terms of Use Agreement

Welcome to Wowzer, the online social and dating app and service for people who love dogs, operated by GoWowzer, L.L.C., (“Wowzer,” “we,” “us,” or “our”).

If you wish to make use of the Wowzer service by means of a computer, a mobile device or a mobile application and either via www.GoWowzer.com or the Wowzer mobile application (the “Service”), please read these Terms of Use. These Terms of Use are an electronic contract that establishes the legally binding terms you must accept to access the Wowzer mobile application (hereafter the “App”) and use our Service. These Terms of Use also governs your access and use of the www.GoWowzer.com website (hereafter the “Website”).  The App, together with the Website, is hereby referred to as our “Platform” and the term “Member” or “you” means a person who access or uses our Platform or the Service in any manner.

You should also read the Wowzer Privacy Policy, which is incorporated by reference into these Terms of Use and available on the Website and the App. If you do not accept and agree to be bound by all of the terms of these Terms of Use, including the Wowzer Privacy Policy, do not access or use our Platform or the Service. Please contact us with any questions regarding these Terms of Use.

1. Acceptance of Terms of Use Agreement

By accessing our Platform or using the Service, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept these Terms of Use and agree to the terms, conditions and notices contained or referenced herein and consent to have these Terms of Use and all notices provided to you in electronic form. Please print a copy of these Terms of Use for your records. To receive a non-electronic copy of these Terms of Use, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: Wowzer, 2400 NW 80th Street, #343, Seattle, WA 98117. To withdraw your acceptance of these Terms of Use, you must cease using and accessing the Platform and the Service and terminate your account in the Wowzer app settings menu.

2. Eligibility

You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using our Platform or Service, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Platform or Service.

3. Accessing the Platform

We reserve the right to withdraw or amend the Platform, Service, or any other service or material we provide at our sole discretion without notice. We will not be liable if for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. All information we collect via the Platform is subject to our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY]. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the App or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including but not limited to the use of any interactive features on the App, is governed by our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  • Membership and Subscription
  • You must register as a Member via our App to utilize the Services. Member profiles may remain posted on our Platform even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not be able to use the Service to communicate with that Member if he or she is not then actively using the Service. You acknowledge and agree that Members of Wowzer may be part of an online community that includes other websites with which Wowzer may partner with from time to time.
  • To access or use additional features and services, you must become a paying subscriber to the Service. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a subscriber, you will not be able to use all the features and services available within the Service, and (ii) a subscriber, non-subscribing Members may not be able to use the Service to communicate with you. A Member profile (both subscribers and non-subscribers) may remain posted on the App even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the
  • Wowzer will bill you for a subscription through an online account (your "Billing Account") for use of the Service. You agree to pay Wowzer all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Wowzer to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Wowzer may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with Wowzer on the Platform when becoming a Member or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Wowzer may in its discretion terminate your account immediately. If Wowzer successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
  • Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the App and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Wowzer to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize Wowzer to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Wowzer does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that Wowzer may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
  • You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Wowzer if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the App. If you fail to provide Wowzer any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Website or Service when automatically renewing your account, as set forth in Section 12(b).

4. Term and Termination

These Terms of Use will remain in full force and effect while you access and use the Platform or Service and/or are a Member. You may delete or cancel your membership at any time, for any reason, by following the instructions on the “Account Settings” page. You may also cancel your membership by sending the Company written notice of cancellation to Wowzer, 2400 NW 80th Street, #343, Seattle, WA 98117, or by email notice of cancellation to Customer Care.  We may terminate or suspend your membership or your ability to access our Platform or use the Service at any time without notice if we believe that you have breached these Terms of Use. Upon such termination or suspension, you will not be entitled to any remedies. You acknowledge and agree that we are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership is terminated for any reason, all terms of these Terms of Use survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

5. Non-commercial Use

Our Platform and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by Wowzer or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Platform for any purpose. Wowzer may investigate and take any available legal action in response to illegal and/or unauthorized uses of our Platform, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Platform.

6. Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You are solely responsible for all activities that occur under your username and password. You agree to notify us immediately of any disclosure or unauthorized access to or use of your user name or password or any other breach of security. You will ensure that you log out from your account at the end of each session.

7. Your Interactions with Other Members

  • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WOWZER CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. WOWZER ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. WOWZER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. WOWZER RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
  • Wowzer is not responsible for the conduct of any Member. As noted in and without limiting Sections 15 and 17 below, in no event shall Wowzer, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform or our Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the App or meet in person, or if you decide to send money to another Member. In addition, you agree to review and follow our Online Dating Tips located on the Website, prior to using the Service.You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.

8. Proprietary Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Wowzer, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • When using the App for its intended purposes.
  • Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your browser or device for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • You may download the App to your device solely for your own personal, non-commercial use, provided you agree to be bound by our Terms of Use and Privacy Policy.
  • If we provide social media features on www.GoWowzer.com with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: contact@new.gowowzer.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Wowzer. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Wowzer name and logo are trademarks of Wowzer. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on Platform are the trademarks of their respective owners.

9. Content Posted by You

  • You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on our Platform or as part of the Service or transmit to Wowzer or any other Member (either on or off our Platform), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
  • You understand and agree that Wowzer may, but is not obligated to, monitor or review any Content you post on the Platform or as part of a Service. Wowzer may delete any Content, in whole or in part, that in the sole judgment of Wowzer violates these Terms of Use or may harm the reputation of our Platform or Wowzer. Wowzer may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
  • By posting Content as part of the Service, you automatically grant to Wowzer, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Wowzer will not infringe or violate the rights of any third party.
  • In addition to the types of Content described in Section 9(a) above, the following is a partial list of the kind of Content that is prohibited. You may not post, upload, display or otherwise make available Content that:
  • that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • advocates harassment or intimidation of another person;
  • requests money from, or is intended to otherwise defraud, other users of the Platform or Service;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
  • promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  • provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
  • disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
  • publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Wowzer reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the App or Service and terminating or suspending the membership of such violators.

  • Your use of our Platform and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Wowzer may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use our Platform in the future; or (v) protect the rights, property or personal safety of Wowzer or any other person.
  • You may not post any telephone numbers, street addresses, last names, URLs or email addresses in areas of your Member profile that may be viewed by other Members. You agree that any Content you place on the App to be viewed by other Members may be viewed by any person participating in the Service.

10. Prohibited Activities

Wowzer reserves the right to investigate and/or terminate your membership if you have misused the Service or behaved in a way Wowzer regards as inappropriate or unlawful, including actions or communications the occur off our Platform but involve Members you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

  • impersonate any person or entity.
  • solicit money from any Members.
  • post any Content that is prohibited by Section 9.
  • "stalk" or otherwise harass any person.
  • express or imply that any statements you make are endorsed by Wowzer without our specific prior written consent.
  • ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of our Platform, Service or its contents.
  • collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to our Platform.
  • interfere with or disrupt the Service or our Platform or the servers or networks connected to the Service or our Platform.
  • email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through our Platform or Service (either directly or indirectly through use of third party software).
  • "frame" or "mirror" any part of the Service or our Platform, without Wowzer's prior written authorization.
  • use meta tags or code or other devices containing any reference to Wowzer, our Platform or the Service (or any trademark, trade name, service mark, logo or slogan of Wowzer) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Platform or any software used on or for the Service or our Platform, or cause others to do so.
  • post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from our Platform or the Service other than solely in connection with your use of the Service in accordance with these Terms of Use.

11. Customer Service

Wowzer provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.

12. Modifications to Service

Wowzer reserves the right at any time to modify or discontinue, temporarily or permanently, our Platform or the Service (or any part thereof) with or without notice. You agree that Wowzer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of our Platform or the Service, Wowzer reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing our Platform or Service.

13. Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Platform (and such description must be reasonably sufficient to enable Wowzer to find the alleged infringing material, such as a url);
  • your address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be provided to Wowzer’s Copyright Agent at Contact@GoWowzer.com or the following address:

Wowzer
2400 NW 80th Street, #343
Seattle, WA 98117

Wowzer will terminate the accounts of repeat infringers.

14. Communications and Test Profiles

When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners. Please see Wowzer’s Privacy Policy for more information regarding these communications. From time to time, employees of Wowzer (or its parent or affiliated companies) may create test dating profiles for the purpose of testing the functionality of our Service and processes to improve service quality for our Members. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes.

15. Disclaimers

  • You acknowledge and agree that neither Wowzer nor its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on our Platform or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in our Platform or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
  • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WOWZER PROVIDES THE WEBSITE, APP AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR OUR PLATFORM (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WOWZER DOES NOT REPRESENT OR WARRANT THAT OUR PLATFORM OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON OUR PLATFORM OR IN THE SERVICE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR OUR PLATFORM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR OUR PLATFORM.
  • From time to time, Wowzer may make third party opinions, advice, statements, offers, or other third-party information or content available on our Platform and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. WOWZER DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON OUR PLATFORM OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON OUR PLATFORM OR SERVICE. UNDER NO CIRCUMSTANCES WILL WOWZER OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OUR PLATFORM OR SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.
  • In addition to the preceding paragraph and other provisions of these Terms of Use, any advice that may be posted on our Platform or through the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Wowzer makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through our Platform or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
  • Wowzer is a company registered under the State of Washington in the United States. Our Platform and Services are designed for access and use in the United States only. If you are visiting our Platform or using our Service from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including sensitive data, by Wowzer from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Policy. In addition, we may employ other companies and individuals to perform functions on our behalf.

16. Links and Linking

Our Platform may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Wowzer is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through our Platform or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Wowzer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

You may link to Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send messages or other communications with certain content, or links to certain content, on the App.
  • Cause limited portions of content on the App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or App or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on the Website or App that is inconsistent with any other provision of these Terms of Use.

The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

17. Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL WOWZER, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WOWZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WOWZER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WOWZER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR PLATFORM OR SERVICE OR THE TERMS OF THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

18. Governing Law and Arbitration

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle, and County of King, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We may, at our sole discretion, require you to submit any disputes arising from these Terms of Use, the Platform, or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington State law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PLATFORM OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Indemnity by You

You agree to indemnify and hold Wowzer, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with these Terms of Use (including any breach of your representations and warranties contained herein), any postings or Content you post on our Platform or as a result of the Service, and the violation of any law or regulation by you. Wowzer reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wowzer in connection therewith.

20. Notice

Wowzer may provide you with notices, including those regarding changes to these Terms of Use, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on our Platform. Such notices may not be received if you violate these Terms of Use by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

21. Entire Agreement; Other

These Terms of Use, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on our Platform, contains the entire agreement between you and Wowzer regarding the use of our Platform and/or the Service. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. The failure of Wowzer to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of these Terms of Use and you may not make any representations or bind Wowzer in any manner.

22. Amendment

These Terms of Use is subject to change by Wowzer at any time. If you are a non-subscribing Member, the revised terms will be effective upon posting on our Platform and your use of the Service after such posting will constitute acceptance by you of the revised Terms of Use. If you are a subscribing Member at the time of any change, the then-existing terms will continue to govern your membership until such time that you renew your subscription. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.

23. Special State Terms

The following provisions are added to these Terms of Use for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

As a paid subscriber, you may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Wowzer, Attn: Cancellations, 2400 NW 80th Street, #343, Seattle, WA 98117. Please include your Wowzer username and email address in any correspondence or your refund may be delayed. If you cancel prior to the third business day following the original date of this contract, GoWowzer.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Wowzer) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.