You must exercise caution, good sense and sound judgment in using the Services. Subject to your continued compliance with the Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use ourServices. Your use of the Services is limited to your personal and non-commercial use only.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of theServices. You agree that we may, under certain circumstances, immediately suspend or terminate your access to or use of all or any part of the Services.Such circumstances include, without limitation: (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines; (b)discontinuance or material modification to the Service; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; or (e)engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in our sole discretion and without liability to you or any third party.
From time to time, without notice, we may, in our sole discretion, change, modify, supplement or remove portions of theseTerms of Service (“Additional Terms”). Such Additional Terms shall become effective upon posting of the Additional Terms by Wishroute on the Website. You should review the Terms of Service regularly. You will be deemed to have agreed to such Additional Terms by your decision to continue using the Services following the date in which such Additional Terms become effective.
You may browse the Website without creating anAccount, but a user will need to have an Account and agree to the Terms ofService in order to use the Services. To create an account (an"Account"), you will be required to provide certain information, including some personally identifiable information (“PersonalInformation”),such as your name, phone number, email address, gender, geographic location, and other information that is linked or linkable to you.Once you create your Account, you will be required to answer a series of questions to sign up for a Subscription. "Subscription" means the personal encouragement service you signed up for on the Website. A Subscription may be offered for various time periods - for example, a term of one week free trial or a re-occurring month-to-month subscription. The duration of yourSubscription is referred to as the "Subscription Term." By creating an Account, you agree that we may send you SMS, MMS, text messages, email messages and/or push notifications about your Account and Subscription, in accordance with our messaging practices. If you do not wish to receive a type of notification, please text or email us.
You agree not to register or subscribe for more than one Account, create an Account on behalf of someone else (unless done so as a gift arrangement via our Website), or create a false or misleading identity. If your Account is revoked for any reason, you agree not to subscribe again with our Services using another name or through any other means. If we have reason to suspect, in our sole discretion, that your Account has previously been terminated, we reserve the right to terminate any new Accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms of Service or by law.
You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. You also agree that you will provide truthful and accurate information that belongs to you during the Account registration process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us. You are also entirely responsible for any and all activities which occur under your Account. We will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. You may also be held liable for any losses incurred by Wishroute, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your Account.
You and other users may be asked, in connection with group competitions among Wishroute users, to create public profiles on so-called "leader boards" which may contain certain identifying information (such as name, profile photos, location, etc.). In addition, you and other users may have the option to post photographs, messages, videos and other information on your public profile or elsewhere within the Services. You may share tips, ideas, messages, pictures, images, comments, questions, graphics while messaging with your Wishroute Guides (“Wishroute Guides” or “Wishroute Guide” or “Guides”) who are those personnel contracted by Wishroute to provide the encouragement portion of the Services. This previously described content will be referred to as “User Content”. Wishroute relies on its users to provide current and accurate information, and Wishroute does not, and cannot, investigate information contained in user public profiles and on message boards and other similar publicly available or user-only area pages.Accordingly, we must assume that information contained in each user’s public profile is current and accurate.
You hereby grant Wishroute a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights that may exist in such User Content.
You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to Wishroute under this Terms of Service.You further acknowledge that Wishroute shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. You also permit any other Wishroute user to access, display, view, store and reproduce any User Content that you have made available within the Services for their own personal use.
Wishroute reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if Wishroute is concerned that you may have violated theseTerms of Service), or for no reason at all, and (ii) to remove, suspend or block any User Content. We are not responsible for maintaining a copy of anyUser Content we remove from our Services, and we are not liable for any loss you incur in the event that User Content you post or transmit to our Services is removed.
WISHROUTE DOES NOT REPRESENT, WARRANT OR GUARANTEE THE VALIDITY OR ACCURACY OF PUBLIC PROFILE INFORMATION AND USER CONTENT, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY USERS BY MEANS OF PUBLIC PROFILES, USER CONTENT OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.
If you access the Services using your mobile device or communicate with Wishroute using text messages, SMS, or MMS, you understand that your mobile network provider may charge you fees for your use of its network while accessing or using the Services, for data downloading, or roaming, and/or for text messages,SMS, or MMS, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.
We do not permit individuals under 18 years of age to become users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms of Service and to abide by the terms and conditions of these Terms of Service.
Fees, Renewal, Cancellations & Refund Policies
The fees associated with any Subscription can be found on the Website or by contacting us via text message or email. Please refer to the pricing listed at the time you select your Subscription for your applicable Subscription fees. You may have access to a free trial period in accordance with certain promotional offers. We will charge you for your selected Subscription using a Payment Processor (as defined below). By using the Services and enrolling in a Subscription, you agree to pay us, through thePayment Processor, all charges at the prices then in effect for the services provided under your Subscription in accordance with any applicable payment terms. The processing of payments is subject to the terms and conditions and privacy policies of our Payment Processor.
If you decide to sign up for a paid subscription (after any applicable free trial period), you agree to pay the initial Subscription fee and the following recurring fees for the selectedSubscription and accept responsibility for all recurring charges prior to any cancellation.Your Subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase. We may change the price of any Subscription at any time but we will give you prior notice. Any price change for a Subscription will become effective on the first day of the next Subscription Term. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription may be automatically cancelled effective as of the end of your current billing cycle.
You can cancel your Subscription at any time by contacting us by text message or email. We will attempt to process all cancellation requests within 72 hours after we receive your request. Should you cancel your Subscription before the end of the applicable Subscription Term, you will have access to your Subscription features and services until the end of that Subscription Term. All fees and charges assessed by Wishroute are non-refundable if you cancel prior to the end of a Subscription Term. If you have questions please contact us.
Third Party Content
We always welcome your Feedback. You may submit comments, suggestions, ideas, feedback, ratings, materials, or other information ("Feedback") to us through the Website or by texting ore mail us. You hereby agree that all Feedback that you disclose or submit to us is voluntary, non-confidential, and becomes and remains our property. Your disclosure or submission of Feedback to Wishroute constitutes an assignment to Wishroute of all rights, title, and interest in and to the Feedback. Wishroute may disclose or use any Feedback as it sees fit without any compensation to you.
Intellectual Property Rights
You acknowledge that our Services contain content, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (“Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws),and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Services are trademarks of their respective owners.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of theContent for any other purpose, including, but not limited to, use of anyContent in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent. We may at any time suspend your use of the Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms of Services.
Restrictions on use of Services
Your use of the Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
· Post, upload, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is false, misleading or deceptive; (iv) is defamatory, pornographic, vulgar or offensive; (v) promotes discrimination or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii)promotes illegal or harmful activities or substances.
· License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Services or Content;
· Access, tamper with, or use non-public areas of the Website, Wishroute’s computer systems, or the technical delivery systems of Wishroute’s providers;Attempt to probe, scan, or test the vulnerability of any Wishroute system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented by Wishroute or any of Wishroute’s providers or any other third party (including another User) to protect theServices;
· Use any manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Services (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Services;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
· Interfere with, or attempt to interfere with, the access of anyUser, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
· Collect or store any personally identifiable information from the Services from other Users without their express prior permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation;
· Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
· Use the Services to gain competitive intelligence about us or develop a competing Services or service;
Wishroute will have the right to investigate and prosecute violations of any of the above. Wishroute may involve and cooperate with law enforcement authorities in prosecuting Users who violate theTerms of Service. You acknowledge that Wishroute has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Digital Millennium Copyright Act of 1998(the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have evidence, know, or have a good faith belief that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
(i) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material;
(iv) your name, mailing address, telephone number and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Hackett Feinberg P.C.
Attn: Brian Plunkett, Wishroute Designated Copyright Agent
155 Federal Street, 9th Floor
Boston, MA 02110
NOT Providing Medical Advice
The Services may provide weight loss information and motivational and inspirational messages and are intended only to assist users in their personal weight loss and life improvement efforts. Wishroute is not a medical organization and our staff and contractors cannot give you medical advice or diagnosis. Wishroute guides are not certified in any medical field and are only intended to help motivate users to achieve users own goals.Nothing contained or experienced in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen.
As part of the Services, Wishroute sharesContent, developed by Wishroute and by third parties, that may include ideas for recipes, mobile apps, products and services, wellness tips, educational materials, workouts, etc. Please be advised that not all Content has been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information.
WISHROUTE DOES NOT (I) GUARANTEE THE ACCURACY,COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL, WELLNESS OR EXERCISE INFORMATION; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL, WELLNESS OR EXERCISE INFORMATION. UNDER NO CIRCUMSTANCES WILL WISHROUTE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL, WELLNESS OR EXERCISE INFORMATION.
THE SERVICES ARE PROVIDED "AS IS"AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE ANY RESULTS.
THE INFORMATION, ASSESSMENTS, OR OTHER CONTENT PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES AND NOT A SUBSTITUTE FOR MEDICAL ADVICE, SERVICES, DIAGNOSIS, OR TREATMENT. YOU AGREE TOSEEK THE PROFESSIONAL MEDICAL ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO STARTING ANY TREATMENT OR EXERCISE PROGRAM AND FORANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR PHYSICAL CONDITION. WE MAKENO REPRESENTATION OR WARRANTY (A) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; (C)REGARDING THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, OR PERFORMANCE OFTHE SERVICES; (D) THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THAT ANY CONTENT, MATERIAL, INFORMATION, OR DATA OBTAINED BY YOU THROUGH THE SERVICES IS ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED BY YOU FROM THE SERVICES OR US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. THE SERVICES ARE NOT MEDICAL, MENTAL HEALTH OR ANY OTHER TYPE OF PSYCHOTHERAPY OR MENTAL HEALTH COUNSELING. NO ADVICE REGARDING ANY MEDICAL OR MENTAL HEALTH CONDITION OR ILLNESS WILL BE OFFERED. THE SERVICES CANNOT SUBSITUTE FOR, AND ARE NOT AN ALTERNATIVE TO, MEDICAL, PSYCHIATRIC,PSYCHOLOGICAL, PSYCHOTEHRAPY OR OTHER HEALTHCARE DIANOS IS AND TREATEMENT. USEOF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
WISHROUTE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING,WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY GROUP INTERACTION WITH ANY WISHROUTE GUIDE OR OTHER USER. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT WISHROUTE ISNOT OBLIGATED IN ANY WAY TO (A) SCREEN ITS USERS, (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS,INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USERIN PERSON.
WISHROUTE USES REASONABLE EFFORTS TO MAINTAIN THE SERVICES BUT WISHROUTE IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE SERVICES, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE SERVICES, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES)THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE SERVICES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A)EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C)CAUSES BEYOND THE CONTROL OF WISHROUTE OR WHICH ARE NOT FORESEEABLE BY WISHROUTE.
WISHROUTE DOES NOT HAVE ACCESS TO OR VISIBILITY OF ANY COMMUNICATIONS THAT YOU ENGAGE IN WITH ANY WISHROUTE GUIDE OUTSIDE OF THE SERVICES. IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT WISHROUTE IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT INVOLVE YOU OUTSIDE OF THE SERVICES. YOUR COMMUNICATIONS OR DEALINGS WITH ANY THIRD PARTY OR WISHROUTE GUIDE IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY OR WISHROUTE GUDIE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WISHROUTE SHALL NOT BE LIABLE FOR ANY INJURY YOU MAY SUSTAIN OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES,ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY FEATURES,INFORMATION OR MATERIALS PROVIDED ON THE SERVICES, OR COMMUNICATIONS RELATED TOTHE SERVICES, EVEN IF WISHROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WISHROUTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES.
These Terms of Service are effective upon your acceptance and will continue in full force until terminated as set forth herein. You agree that Wishroute may terminate your use of the Services, or any part thereof, or remove, discard, or discontinue providing any Content or portion of the Website or Services, without notice. You may terminate theseTerms of Service at any time by discontinuing your use of the Services and destroying all materials, including any Content, that you obtained from theServices and any related documentation. Your access to the Services may be suspended or terminated immediately without notice from us, in our sole discretion, if you fail to comply with any term or provision of these Terms of Service.Upon termination, you must cease use of the Services and destroy all materials, including Content, obtained via the Services and all copies thereof.
You agree that the laws of the Commonwealth ofMassachusetts, without giving effect to any principles of conflicts of law, govern these Terms of Service and any dispute of any sort that may arise between you and us or any of our affiliates. Wishroute and you acknowledge that these Terms of Service evidence a transaction involving interstate commerce.Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of Service of use shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16.
Release and Indemnification
You agree to release Wishroute, its members, officers, directors, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of theServices. If, at any time, you are not satisfied with the Services or any related offerings, your sole remedy is cessation of use of the Services and such offerings.
You agree to defend, indemnify, and hold harmless Wishroute, its officers, directors, employees, agents, shareholders, licensors, and suppliers from and against any and all claims, actions, demands, obligations, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Services; (b) breach of these Terms of Service; (c)infringement or misappropriation of any intellectual property or other rights of Wishroute or third parties by you; or (d) any negligence or willful misconduct by you.
Any dispute, claim, controversy, action, or proceeding arising out of or relating to this Agreement or the services (a"Dispute") will be determined by arbitration in the Commonwealth ofMassachusetts before a single arbitrator. The American Arbitration Association("AAA") will administer the arbitration in accordance with the AAA rules. The claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party will initiate the arbitration. You and Wishroute will select an arbitrator in accordance with the applicable AAA rules, within thirty (30) calendar days of the date the demand for arbitration is filed. Except as otherwise required by law, neither you, Wishroute, nor the arbitrator may disclose the existence, contents, or results of any arbitration under this Agreement without the prior written consent of you and Wishroute. Any award of the arbitrator will be accompanied by a statement of the reasons upon which the award is based.
No Class Action
YOU AGREE THAT ANY CLAIM YOU MAY HAVE AGAINST US MAY ONLY BE BROUGHT INDIVIDUALLY AND YOU WILL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION AGAINST US. BY ACCEPTING THESE TERMS OF SERVICE, YOU AND WISHROUTE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION.
Time to File
ANY DISPUTE THAT YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Notwithstanding anything herein to the contrary, Wishroute reserves the right to seek injunctive relief if you use theWebsite or Services in violation of the rights granted herein or infringe upon or misappropriate any intellectual property rights of Wishroute.
Use in United States Only
Unless otherwise specified, the Content,Services, and other materials are solely for the services or products available in the United States. Wishroute makes no representations or warranties that theServices, Content, or other material accessible via the Services is appropriate or available in locations outside of the United States. If you access theServices from outside of the United States, you are responsible for compliance with all applicable laws, including any export or re-export controls, restrictions, and regulations.
These Terms of Service, including any other terms or agreements referenced herein, constitute the complete and entire agreement between you and us with respect to Services and Content offered via the Services, and unless otherwise expressly stated herein, supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the Parties concerning theServices or Content.
No waiver by either Party of any breach of these Terms of Service shall be deemed to be, or construed as, a further or continuing waiver of any other such breach or a waiver of any other breach of these Terms of Service.
Should you have any questions or issues related to these Terms of Service or the Services, please contact us at: