WompMobile.com (“SITE”) BY WompMobile, INC (“COMPANY” OR “WE” OR “US”). WE PROVIDE
TWO SERVICES, MOBILE WEBSITE HOSTING ("HOSTING") AND MOBILE WEBSITE DEVELOPMENT ("DEVELOPMENT").
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
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
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
1117 Ellis St
Bellingham WA, 98225
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
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
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
• Infringes any copyright, trademark, trade secret, patent or other intellectual
• 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.
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
• 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.
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
• 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
• Attempting to intercept, redirect or otherwise interfere with communications intended
• Intentionally transmitting files or messages containing computer viruses or propagating
worms, Trojan horses, or "spyware" programs.
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
• 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
• 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.
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.
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.
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.
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.
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
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.