TERMS AND CONDITIONS
Date of Last Revision: _26 September 2013_____
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR OTHERWISE INDICATING ASSENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Terms and Conditions”) govern your access to, and use of, the Wise Publishing Group Web site located at www.WisePublishingGroup.com (the “Site”), owned by My City Wise LLC doing business as Wise Publishing Group (“Wise Publishing”) and bind those who agree to incorporate these Terms and Conditions into other agreements with Wise Publishing. These Terms and Conditions do not amend or supersede in any way the terms or conditions of any written agreement you may have with Wise Publishing. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf.
Wise Publishing reserves the right to change these Terms and Conditions at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. You warrant and attest that you are at least eighteen (18) years of age.
All questions or comments about the Site or its contents should be directed to support[at] wisepublishinggroup[dot]com
1. Privacy Policy
Please refer to our Privacy Policy for information on how Wise Publishing collects, uses and discloses personally identifiable and other information from its Site users.
2. Copyright and Limited License
Unless otherwise indicated, core content for magazines and content of this Site , including, without limitation, the Wise Publishing logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are the property of Wise Publishing and its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site. Such license is subject to these Terms and Conditions and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or the Site Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site; (e) downloading (other than page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to Wise Publishing’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; or (g) any use of the Site or the Site Materials other than for their intended purpose; (h) use of any portion of the Site or the Site Materials as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site or the Site Materials other than for their intended purpose; (j) copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of any software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Wise Publishing, in writing. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Wise Publishing, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason by Wise Publishing.
3. Registration for the Services.
If you wish to purchase items, services or magazines through the Site, you will be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification and contact details). You agree that any such information you provide is accurate, complete and updated. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your User ID and password. You agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself. You agree to immediately notify Wise Publishing of any unauthorized use of your User ID or password.
4. Payment.
If you agree to make a payment through use of the Site, all charges shall be in U.S. dollars. For those customers making payment by Paypal or other method, you authorize Wise Publishing to bill your Paypal account or other account (as the case may be) for amounts authorized. Wise Publishing reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes, you must provide Wise Publishing with documentation required by the taxing authority to support an exemption.
5. Consent to Receive Emails and Notice
As long as you maintain an account, you may not “opt out” of receiving account-related emails from Wise Publishing. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of Wise Publishing shall be support[at]wisepublishinggroup[dot]com (or such other address as is provided by Wise Publishing to you) and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account registration. You also agree, unless you opt out, to receive marketing emails related to the Services and content of this Site.
6. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Wise Publishing, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use a Wise Publishing logo or other proprietary graphic to link to this Site without the express written permission of Wise Publishing as long as the manner of your use is not objectionable to Wise Publishing. In the event that Wise Publishing objects to your use of the Wise Publishing logo or other proprietary graphic, you agree to cease using them. Further, you may not use, frame or utilize framing techniques to enclose any Wise Publishing trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Wise Publishing’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Wise Publishing or any third party.
7. Third Party Services
The Site may contain, provide information regarding, or link to, certain applications and services provided or offered by third parties (collectively the “Third-Party Services”). Wise Publishing does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Wise Publishing makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Wise Publishing assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Wise Publishing is not responsible or liable for any Third-Party Services.
8. Trademarks
“Wise Publishing”, the Wise Publishing logo and any other product or service name or slogan displayed on the Site are trademarks of Wise Publishing and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wise Publishing or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Wise Publishing” or any other name, trademark or product or service name of Wise Publishing without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wise Publishing and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Wise Publishing names or logos displayed on the Site are the property of their respective owners.
9. WARRANTY DISCLAIMER
ALL SITE AND MAGAZINE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WISE PUBLISHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. WISE PUBLISHING DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WISE PUBLISHING DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WISE PUBLISHING IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. WHILE WISE PUBLISHING ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WISE PUBLISHING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Wise Publishing reserves the right to change any and all content contained on the Site and any services offered through the Site at any time without notice.
10. Limitation of Liability
IN NO EVENT SHALL WISE PUBLISHING OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ITS PUBLISHING BUSINESS OR ANY USE OF THIS SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM WISE PUBLISHING, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WISE PUBLISHING’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF WISE PUBLISHING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO ITS PUBLISHING BUSINESS OR THE USE OF THE SITE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WISE PUBLISHING THEREFOR.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. Dispute Resolution.
All legal matters between the parties shall be construed and determined under and in accordance with the laws of the State of Washington, without regard to conflicts of law principles. In the event of any controversy or claim between the parties, the parties agree hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of sixty (60) days, then either party may, by notice to the other party demand mediation under the mediation rules of the American Arbitration Association in Seattle, WA. The parties give up their right to litigate their disputes and may not proceed to arbitration without first attempting mediation. If settlement is not reached within sixty (60) days after service of a written demand for mediation, any unresolved controversy or claim shall be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings shall be English. The arbitrator shall render a written opinion including findings of fact and law and the award and/or determination of the arbitrator shall be binding upon the parties, and their respective administrators and assigns, and shall not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration shall be shared equally by the parties unless the arbitration determines that the expenses shall be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings shall be concluded within ninety (90) days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit shall not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously. Nothing herein shall prevent either party from seeking injunctive relief for any breach of its intellectual property rights by the other party.
12. Venue
You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
13. Severability
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Wise Publishing under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. You acknowledge that, by acceptance of your submission, Wise Publishing does not waive any rights to use similar or related ideas previously known to Wise Publishing, or developed by its employees, or obtained from sources other than you.
15. Waiver.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
16. Force Majeure.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
17. Entire Agreement.
This Agreement and Privacy Policy, together with any written agreement referencing this Agreement (to which the parties manifest their assent) constitute the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties.