TERMS OF USE

THESE TERMS OF USE (“TERMS”) PERTAIN TO TWO SERVICES (“SERVICES”) OFFERED THROUGH WompMobile.com (“SITE”) BY WompMobile, INC (“COMPANY” OR “WE” OR “US”). WE PROVIDE TWO SERVICES, MOBILE WEBSITE HOSTING ("HOSTING") AND MOBILE WEBSITE DEVELOPMENT ("DEVELOPMENT"). PLEASE READ THE TERMS OF USE CAREFULLY. BY USING THESE SERVICES, YOU AGREE TO THESE TERMS. IF YOU ARE USING THESE SERVICES ON BEHALF OF AN ENTITY, COMPANY OR OTHER ORGANIZATION (“ORGANIZATION”), YOU AGREE THAT YOUR USE OF THESE SERVICES ALSO BINDS YOUR ORGANIZATION AND IN SUCH EVENT, “YOU” ALSO MEANS YOUR ORGANIZATION. IF YOU OR YOUR ORGANIZATION DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE WompMobile.com.

A. Account Terms
1. You must provide your legal name. You must provide a valid email address, and any other information requested in order to complete the signup process. 
2. Your login may only be used by one individual – so a single login shared by multiple persons is not permitted. WompMobile, Inc. is not responsible for maintaining the security of your account and password, which we recomend you keep confidential. WompMobile, Inc. cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
3. You must be 13 years or older to use these Services.
4. You are liable for all actions taken through any use of your account. You must notify us immediately if you suspect any unauthorized use of your account or access and/or your password.
5. You are responsible for all content posted or otherwise made available by you on your desktop website in connection with these Services (“Content”).
6. Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to use these Services. You agree not to use the Site or Services for any unlawful purpose. Additionally, you will not in any way access, use, or copy any portion of the Site, the Services or its features to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with our products and services or to disparage us or our products or services.
7. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or any portion thereof or use it in any manner not explicitly authorized by the Terms. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site or Services. Tampering with the Site or the Services, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Site or through the Service are prohibited.

B. Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is required for paying accounts.
2. The Hosting is billed on a monthly or yearly basis and is non-refundable after the first month. The Development Service is billed as described in our quotes and is non-refundable after your mobile website has been live for 30 days. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. Downgrading or cancelling your Service may cause the loss of content, features, or capacity of your account. WompMobile does not accept any liability for such loss.

C. Cancellation and Termination
1. You are solely responsible for properly cancelling your account. You can cancel your account during normal business hours (Pacific Time Zone) by contacting us at (888) 625-8144.
2. All of your Content will be immediately deleted from the Services upon cancellation. This information can not be recovered once your account is cancelled.  Cancellation will take effect immediately and you will not be charged again.
3. WompMobile, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other WompMobile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your account, and the forfeiture and relinquishment of all content in your account. WompMobile reserves the right to refuse service to anyone for any reason at any time.

D. Modifications to the Service and Prices

1. WompMobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly or yearly subscription plan fees for the Hosting Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
3. WompMobile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

E. Ownership and Intellectual Property.

We own the Site, the Services and all components of those items and all intellectual property rights associated with them. Users have a non-transferable, non-exclusive license to access this Site, to view information contained at this Site, and to interact with the Site. You retain rights to your Content. WompMobile, INC and WompMobile.com and each of their logos are trademarks of us. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

During the term of this Agreement, you hereby agree that WompMobile shall have the right, but not the obligation, to include your name, logo, screen shot of your desktop website and screen shot of your mobile website as a customer who uses the Service on the Site and in other materials promoting the Service. We will remove your name, logo, desktop website screen shot and mobile website screen shot upon request.

During the term of this Agreement, you hereby agree that WompMobile shall have the right, but not the obligation, to include your mobile website in our showcase. We will remove your mobile website from our showcase upon request.

WompMobile respects the intellectual property of others, and requires that our users do the same. If you believe that your intellectual property has been copied and/or provided to us in a way that constitutes copyright infringement, please provide our designated agent with the information specified below, in writing. Please do not use this procedure for any other purpose. Please include 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 and a description of where such work is located on the Site;
• Your name, address, telephone number, and e-mail address;
• A 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.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

Madison Miner
1117 Ellis St
Bellingham WA, 98225
(888) 625-8144
contact@WompMobile.com

F. Data

We strive to maintain accurate and current data, but because of the methods in which data is received and derived, we cannot guarantee accuracy and completeness of the Content.

A primary source of data in the system is the users of the Service and we do not assume any liability with respect to data a user may upload into the Service.

Our data is supplied through recorded media and through the Internet. In cases where data is received through the Internet, we cannot guarantee that the source servers or our servers will be operational 24 hours a day, 7 days a week to supply current data. Therefore, the data is provided as a reference only and the Service must not be employed in operational use. Caution and discretion are advised.

Our servers may experience planned or unplanned down time and may not be available 24 hours a day, 7 days a week.

G. Use of the Service and Site

Illegal Use
The Services may only be used for lawful purposes. The transmission, distribution, retrieval or storage of any data or other material in violation of any applicable law or regulation is prohibited. This includes, without limitation, data or other material which:

• Infringes any copyright, trademark, trade secret, patent or other intellectual property right.
• Constitutes an illegal threat made against any person or organization.
• Violates export control laws or regulations.
• Is obscene, pornographic, indecent, or defamatory.
• Constitutes an attempt to defraud others.

Forgery
Neither the Site nor the Services may not be used in a manner which purposely alters or forges any users identity. Users may not engage, without limitation, in the following activities:

• Sending any message or transmitting any electronic communication using a name or address other than user’s own for purposes of deception.
• Impersonating someone else by altering user’s source IP address or by using forged headers or other identity information.
• Fraudulently concealing, forging or otherwise falsifying user’s identity in connection with any use of the Site or Service.

Security
The Site and the Services may not be used to violate system or network security; such behavior may result in criminal or civil liability. No user may engage, without limitation, in the following activities:

• Gaining unauthorized access to, or attempting to compromise the normal functioning, operation or security of any network, system, computing facility, equipment, data or information.
• Engaging in any activities that may interfere with the ability of others to access or use the Site, the Service or the Internet (i.e., Denial of Service attacks).
• Monitoring any data, information or communications on any network or system not owned by the user without authorization.
• Gaining unauthorized access to the user accounts or passwords of other users of any system.
• Attempting to intercept, redirect or otherwise interfere with communications intended for others.
• Intentionally transmitting files or messages containing computer viruses or propagating worms, Trojan horses, or "spyware" programs.

E-Mail
Neither the Site nor the Services may be used to distribute electronic mail in an improper or illegal manner. Users may not engage, without limitation, in the following activities:

• Transmitting unsolicited mass or commercial e-mail (i.e., spamming) for any purpose.
• Enlisting a third party to transmit unsolicited mass or commercial e-mail on the user’s behalf.
• Collecting responses from unsolicited mass or commercial e-mail, or advertising any website or the user’s identity in such e-mail.
• Transmitting a large amount of e-mail to a recipient with the intent to disable their system (i.e., mailbombing).
• Using another party's electronic mail server to relay e-mail without express permission.
• Any e-mail message containing informational or commercial content is considered unsolicited unless it is sent to a recipient who expressly requested receipt of such e-mail via an "opt-in" process. It is each user’s responsibility to prove that the recipient explicitly requested inclusion on an e-mail list by direct action, preferably with evidence of confirmation by the recipient (i.e. "double opt-in"). In the absence of positive, verifiable proof to the contrary, we will consider a complaint by an e-mail recipient to be de-facto proof that the recipient did not request the e-mail about which a complaint was generated.

H. Hosting

WompMobile will utilize a third party to provide hosting for the Services. Currently, the Service utilizes Amazon.com, Inc’s Elastic Cloud Computing service (“EC2”) and Microsoft's Azure Cloud Computing service ("Azure") and may change its provider from time to time (EC2, Azure or any such other provider referred to as a “Hosting Provider”). All access to the Services will be subject to the terms and conditions required by the Hosting Provider (“Hosting Provider Terms”). All Hosting Provider Terms are incorporated herein by reference.

I. Indemnification

You agree to indemnify and hold WompMobile, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Site or Services and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post.

J. Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICES OR MERCHANDISE PROVIDED THROUGH THE SITE OR THE SERVICE. THE SITE AND THE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR SUPPLIERS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL WE, OUR SUPPLIERS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE AND THE SERVICES AND (B) $1.


K. Third Party Links

The content on the Site does not necessarily reflect the opinions or policies of WompMobile. Profiles and third party applications created and posted by users on the Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by us. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Site including, without limitation, any content posted by any user.

L. Monitoring

We have the right, but not the obligation, to monitor the content and usage of the Site (including discussion spaces, chat rooms and forums), to, among other things, determine compliance with these conditions of use and any operating rules established by us and to satisfy any law, regulation or authorized government request. We also have the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we have the right to remove any material that we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.

M. Spyware and Viruses

We assume no responsibility, and will not be liable for any damages to, or for any spyware or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

N. Amendments

We retain the right at any time to change or modify the terms and conditions applicable to use of the Site, the Service or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail. Any use of the Site or the Service by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions. Each time you use the Site you should visit and review the then current Terms that apply to your transactions and use of this Site.

P. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

The Terms will be construed, and their performance enforced, under the laws of Washington without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Whatcom County Washington for state court causes of action and in the District of Washington for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Software and other materials from this Site and the Services may also be subject to United States Export Control laws which prohibit the export of certain technical data and software to certain countries. You agree to comply with all applicable export laws.

Any business associates of WompMobile, Inc identified on this site are independent of us. The business associates are not our joint venturers or partners. No employee or representative of the business associates is under the control of WompMobile, Inc.

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