|The Site is proudly operated to you by Canarylogic LLC, hereinafter referred to as "Wajooba". As used herein, the terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to Wajooba and/or its affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.||Howdy ho! Who uses words like "therein" or "hereinafter forthwith"?|
Our attorneys do!
|These Terms include a jury trial and class action waiver, and require binding arbitration on an individual basis in order to solve possible disputes. These Terms also limit the remedies that may be available to you in the event of a dispute with us.||Read it all please. Yes, most people will never read it. Except big users and problematic ones.|
|Wajooba reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services and Site, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update -either by an account registration or simple use- thereby indicates your acceptance thereof.||We can change the rules of the house as needed, when we want it. Sorry but we cannot wait to negotiate with every user if we raise our fees 2%.|
|In order to use part or all of the functionalities and Services provided via the Site, you may or will need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. In order to register and create an account with us, you may be requested to provide your name, email and other information. You shall not disclose your user credentials to any third party. If you suspect any unauthorized or fraudulent use of your account, please notify us immediately. You must inform us of any changes to the information of your account.||Do not forget to register! You will not be able to use our services anyway if you do not register.|
Oh and do not leave you computer open so that everyone can use your passwords.
|Wajooba reserves the right, in Wajooba’s sole discretion, to cancel unconfirmed or inactive accounts, for any reason, at any time, in Wajooba’s sole discretion. Access to the Site is offered only for your use, and not for the use or benefit of any third party. You may cancel your account at any time; provided, however, that the effective date the cancellation will be determined by Wajooba to ensure that pending transactions have been completed and any other matters have been resolved.||This is not a public hospital, so we have the ultimate face-control mechanisms in order to keep our community safe and vibrant.|
|Yes, you can resell your awesome services with us!|
|From time to time, we will offer certain partnership opportunities for our Services. Upon your prior consent and after we approve your registration with un under an affiliate account (a "Partner") we will match you with our other users who would like to promote their products and services through your personalized channel with us. Funds management will be taken care by the Wajooba team itself, while you will act as a reseller and promoter of our Services.||We take great care of our partners, resellers and promoters, which form a material part of our platform. We have specific terms that apply so please read them before accepting to enter into our partnership program.|
By the way, the entire Terms apply out resellers and promoters!
|Accordingly, Wajooba will make the Services available to your end users, who have subscribed to your channel with us. The provision of such functionalities will be subject to our standard Terms and Conditions of Service. We shall not be responsible for any third party products that are integrated with or used in connection with our Services. Henceforth, although our Services may allow you to access or use third party offerings, they are not considered "Services" under these Terms and, thus, are not subject to any of the warranties, commitments or other obligations with respect to our Services hereunder.||Once you set up your partner channel, you can use it to promote your awesome activities and services, manage classes, attendees and more.|
They are your services, though, we offer only the platform!
|All information posted in your personal partner channel in our Site is your responsibility, and does not constitute a direct endorsement of any kind of product or service and any and all rates shown to you may change subject to various factors outside of Wajooba’s or its Partner’s control. Wajooba does not control them and will have no liability to you or other Partners in connection with any of them. We have no obligation whatsoever to monitor or maintain the quality, adequacy, fitness or title of such products.||We are not responsible if you name your channel "bros and yoga" and then use it to promote used cars. Oh and we will delete it too.|
|Wajooba may also offer advertising opportunities to increase the visibility of your services and personal partner channel in our network. Advertising fees vary by opportunity, as indicated from time to time by us. Any possible advertising fees will be clearly outlined before you commit to purchasing an ad and will be reflected to your monthly bill.||But wait, there is more! If you want to save yourself the hassle of promoting your channel, we can do it for you! Not for free though.|
|Our promotion and marketing Services allows consumers to locate our Partners and evaluate, review and book their services, directly through the Site and through our partner applications.|
|You hereby represent and warrant that, through the simple access to the Site, and any use of our Services: (i) you will comply with all applicable laws, rules and regulations applicable to the use of the Services; and (ii) you will not use the Service to infringe any intellectual property rights of any third party. If you knowingly misrepresent that user generated content disseminated by you via our Services is not infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.||Be a good citizen; comply with the law of the land.|
And do not steal content.
Fees and Billing
|When you make a sale on Wajooba, you will be charged a transaction fee of ___________ (___ %) of the transaction amount. All transactions with will be managed by us and processed though through PayPal other payment processors, financial institutions and/or credit card issuers. These percentages may be modified as provided for in these Terms, and we will notify you of any changes as soon as reasonably possible.||We have to earn our keep too. That is the whole idea of our reseller platform.|
|When you get a payment Wajooba (e.g. payment for reservation of an attendee to a class), you will receive a confirmation of payment, along with appertaining attendee’s data and contact information. You will be charged the amount you agreed with through PayPal, other payment processors, financial institutions and/or credit card issuers. You are ultimately responsible to arrange service, class, location and other delivery terms, along with any other sale conditions, not us.||We take care of everything! Including billing, payment processing and more. Try to do it yourself, let’s see how many hours it takes you each month.|
Already thanking us?
|If Wajooba terminates a listing or your Affiliate account, if you close your account, or if the payment of your Wajooba fees cannot be completed for any reason, you shall remain obligated to pay Wajooba for all unpaid fees plus any penalties and chargeback, if applicable. If your account is not paid in full and becomes past due, we may terminate your account and take other collection actions (including retaining collection agencies and legal counsel).||No free meals. If you owe us ten bucks, you will have to pay them before reactivating your|
|Wajooba records your transaction activities for each month (both as seller and buyer) and will remit to you a monthly statement and invoice.|
|If you believe a payment has been processed in error, you must provide written notice to Wajooba within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by Wajooba within such thirty (30) day period, the payment will be deemed final.|
|Any amounts not received by the applicable due date may accrue late interest at 1.5% of the outstanding balance per month, or the maximum interest permitted by applicable law, whichever is less, plus costs of collection. Any amount not received by Wajooba within thirty (30) days after the applicable due date will be deemed a material default under these Terms, and Wajooba will be entitled to either suspend the Services or terminate our agreement with you.|
|We are not a bank.|
|We use third-party payment processors such as credit card and/or PayPal to bill you through a payment account linked to your account on the Site, for any purchases made through the use of the Site. The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such payment processors. Wajooba is not responsible for any and all errors by the payment processors. A certain amount of your funds may be subject to an additional hold period based on perceived risk and transaction history. As a Partner, funds become available for transfer to your PayPal account once items are confirmed as "cleared" by Wajooba (e.g. class done, attendees went to class).||Just as you have to read all of this text (really, you have to), our payment processors have loads of text that govern their relationship with you. They are about 10x longer and complex than ours, so good luck reading and understanding them!|
|You authorize and hereby appoint Wajooba as your payment agent in order to bill your credit card and/or payment processing system account directly or apply outstanding balances and to charge the outstanding balance for your account each calendar month, upon termination of your account, and at any time the balance of fees reaches the designated fee threshold for your account.||You name us as your payment agent so we can make your life easier.|
|Henceforth, the terms of your payment will be based on your payment method and may be determined by agreements between you and PayPal, any payment processors, financial institutions, credit card issuers, or other provider of your chosen payment method. If we, through the payment processors, do not receive payment from you, you agree to pay all amounts due on your billing cycle upon demand.||No cash here pals, we are in the digital age.|
|Our Services do not include any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes. You are responsible for paying all of your taxes associated with transactions under these Terms. If Wajooba is legally required to pay or collect any taxes on your behalf, Wajooba will invoice you and you will pay the invoiced amount. For clarity, Wajooba will be solely responsible for taxes assessed on Wajooba based on its income.||We will not help you against uncle sam. You have to pay your dues to him, just as we have to.|
User Code of Conduct
|As our user, you represent, warrant and covenant to not undertake, motivate, or facilitate the use or access of the Site in order to:||These are the things you cannot do with our Site and Services.|
Some of them sound outrageous, like hacking our site or scrapping our content, but it never hurts to explain it clearly.
|a. Infringe these Terms, or allow, encourage or facilitate others to do so.||This mountain of text basically says what we consider as prohibited or illegal activities. Use logic and common sense, too. Come on, we know you can.|
|b. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.|
|c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.||By the way, who reads this kind of documents? Well, savvy users, our main clients, possible investors and their attorneys.|
Google and Amazon have like 8 applicable terms. Each one.
|d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.|
|e. Upload infringing, false, duplicated, altered or otherwise misleading information.|
|f. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.|
|g. Use the Site to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.|
|h. Undertake any action that will or may cause an unreasonable load on Wajooba’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from the Site.|
|i. Intercept or monitor activity via our Services without our express authorization.|
|j. Otherwise reverse engineer, decompile or extract the proprietary code of the Site.|
|You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and our Services, without refund or reimbursement on our part.||If we catch you breaking the rules, we will ban you. Or perhaps not, depending on what we decide.|
|We do not claim any ownership rights of any kind in content and/or materials that you access via our Services. Accordingly, you represent and warrant to us that you have secured any and all rights, authorizations, licenses and clearances required for each and every content piece you create, disseminate, access or otherwise use.||For the third time, please do not steal content, much less upload it to our site.|
|Wajooba does not knowingly provide its Services to persons under the age of thirteen (13). Users under the age of eighteen (18) and over thirteen (13) may use the Site with the consent of their legal guardians, but are otherwise prohibited from providing Wajooba with personally identifiable information of persons under the age of thirteen (13).||Only adults here!|
Oh and do not open an account for your little sister, come on.
|The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) Wajooba begins providing its Services to you.||All great things have small beginnings.|
|The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services or the Site; (iii) Wajooba’s termination of these Terms or the Services, at its sole and final discretion; (iv) the termination date indicated by Wajooba to you from time to time; or (v) Wajooba’s decision to make the Site or Services no longer available for use, at its sole and final discretion.||All great things have an end. And we decide when to end it. Not you, us. It is a business, not a hippie commune.|
|Upon expiration of these Terms or termination of your subscription to our Services, you shall thereafter immediately cease any and all use of our Services, along with any and all information and data collected therefrom.|
|Limited License. Wajooba grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site and the Services, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Wajooba does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site or the Services, in whole or in part.||This is our authorization to use our site, your account and our platform.|
As these terms, we make the rules. They are fair, do not worry.
|User generated content License. You hereby grant Wajooba an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to the Site. You represent and warrant to Wajooba that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Wajooba as set forth herein.||This is getting interesting, don’t you think? These legalese glub just said that any kind of content you give us, can and will be used by us for our business activities. You even grant us a license for it, forever.|
Whoa. This is nothing new, actually. By using Facebook you are basically giving them the right to use your life story to make a movie, using your own pictures nonetheless. It is no different here, so think twice before posting pictures of you.
|Open Source License. Part of the computer code incorporated into the Site or Services may be licensed by third parties under “open-source” or “public-source” software licenses. Henceforth, any and all open source software thereinto is not licensed under these Terms, but instead licensed under the respective open source software licenses.|
|The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site are the property of -or otherwise are licensed to- Wajooba or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.||We own our content. You own yours.|
We do not sell our content, much less so you can use it on your sites.
|For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States of America and other applicable jurisdictions.||Legalese for "we own our content as some obscure laws say so".|
|You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.||Don’ post nasty pictures or insult any other of our users. For real. We monitor our comments and other sections of the Site, and will ban any troublemaker.|
|As between you and Wajooba, you own all right, title and interest into your data. Accordingly, you hereby grant Wajooba an unlimited, non-exclusive, royalty-free, for all the world, right and license to copy, distribute, display and perform, publish, prepare derivative works of and otherwise use and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to the Site.||You own your data, not us. We own our data, not you.|
Still, in order to run our business, we need to process your data, so you grant us an authorization to use it. This is handy for data porting when our users switch an account to another one.
|You represent and warrant to Wajooba that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Wajooba as set forth herein, and that your provision of such data through and in connection with our Services does not violate any applicable laws or rights of any third party.||Be sure to know where your used data comes from. Take care of it.|
|For the avoidance of doubt, any and all right, title and interest into any aggregated, non-personally identifiable, anonymized data and/or information collected by Wajooba independently and without access to user, client and/or customer data, will be solely owned by Wajooba.||We own our aggregated databases. They cannot be used to send you emails, not even to know your name (of or your customers).|
|You shall be solely responsible for handling and resolving any and all disputes regarding ownership or access to user data collected by you, including those involving any current or former agents, partners, employees or contractors of yours. You acknowledge and agree that Wajooba has no obligation whatsoever to resolve or intervene in such disputes and you will defend and hold harmless Wajooba in case Wajooba is affected by one.||You handle your own databases and marketing practices, not us.|
Third party links
|From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services).||If you click any banner and go to any other site even from our affiliates, the rules of the house will change. Yes, you have to read them too. Like we know you are reading these terms, letter by letter.|
|From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Wajooba, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Wajooba is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.||If you click a banner and end up in a Japanese site selling you square watermelons, it is not our site!|
Another wall of legal mambo jumbo explaining you what we do with your name and email, in a most complicated way!
Digital Millennium Copyright Act (”) Notice
|For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section. Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney’s fees.||In the unlikely case that we use a picture that you think belongs to another, just message us. We will help, because we are the good guys.|
|You must notify us of your claim with subject: "Takedown Request". Once received, Wajooba will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’ copyright, Wajooba may delete it, disable or otherwise stop displaying it.|
|Your DMCA notification claim must be made in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.||No, messages saying: "yo hello there dudes plis deleite my pic" will not be treated seriously.|
Please use clear and succinct language.
|We will not tolerate, nor allow others to undertake, any and all use of any information regarding the Site, pursuant to the remission of any other unsolicited bulk communication to any of our users or to any third party. Under the CAN-SPAM Act, you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.||Don’ send spam. We won’ for sure. And we do not mean the one that is for eating.|
|To the fullest extent permissible under applicable law, the Site and the Services are provided to you "as is", with "all faults" and "as available", with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by Wajooba, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty. The entire risk of satisfactory quality and performance resides with you. Wajooba, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy and non-infringement.||Legalese for: you get what you see. And that is all.|
We do not promise the moon and the stars, nor should any business do. And our lawyers specially insisted on this.
|Neither Wajooba, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by Wajooba or its employees, affiliates, contractors and/or agents shall create a guarantee. The functionalities and results displayed within the Site and the Services may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of Wajooba. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.||We do not promise 100.1% performance. We are not NASA.|
But we try our best.
Disclaimer of Damages
|In no event shall Wajooba, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, lost or corrupt data, re-procurement amount, anticipated savings, wasted expenditure, or other commercial or economic loss; or for any indirect, incidental, special, punitive, aggravated, exemplary, or consequential damages whatsoever arising out of or related to the Site, or the Services, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Wajooba, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. For purposes of this limitation of liability, Wajooba’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.||Please don’t blame us if your kitchens’ sink floods while you are using our Site. Or if you miss a job interview because you were reading our Site. Or, and this is even more farfetched but in no way impossible, if your computer catches fire while registering an account with us. Not our fault buddy.|
|Limitations Period. You and Wajooba agree that any cause of action arising out of or related to these terms or our site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.||Do not come to us 10 years in the future to ask for a refund. We will likely be grandparents by then.|
Limitation of Liability
|In no event, shall Wajooba’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed; (i) the actual price paid by you for the license and/or use of the Site or our Services in the twelve (12) months preceding the claim; or (ii) the amount of USD$100.00 (One Hundred United States Dollars); whichever results less; and henceforth any award for direct, provable damages shall not to exceed such total amount.||Our lawyers told us to put this. Basically, we are open to reach an agreement if you have a problem.|
But if you get unreasonable or violent, we will not pay more than 100 bucks. For real, be nice.
|These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.||What if you live in a civilized country where a company cannot limit its exposure in so many farfetched ways as in the USA? Well, then we won’t limit it.|
|Indemnification by You. You shall indemnify, hold harmless and defend Wajooba, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the "Wajooba’s Indemnitees") from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Wajooba’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Wajooba); and/or (ii) any third party claim arising out of or in relation to the Site or use thereof in combination with your business platform, including without limitation, any claim that the Site violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.||This is more legal mambo jambo that our attorneys told us to use. It is like a little insurance in case we ever have a problem with one or our users (maybe you). You basically say that if you use our Site or our stuff and cause us a problem, you will pay us for that if the matter ever gets to court.|
Quite unlikely, but again, not impossible.
|Indemnification by Wajooba. Wajooba will indemnify you against all claims and proceedings arising from infringement (or alleged infringement) of any intellectual property rights by reason of your permitted use of the Site as supplied by Wajooba. As a material condition of this indemnity, you will: (i) promptly notify Wajooba in writing of any allegation of infringement; (ii) make no admission relating to the infringement; and (iii) allow Wajooba full control over all negotiations and proceedings and give Wajooba all reasonable assistance.|
|Wajooba’s indemnification obligations contained in this section shall not apply to the extent that any claim against Wajooba’s Indemnitees arises as a result of or in relation to: (i) any user generated content; and/or (ii) use of the Site or the Services other than in accordance with these Terms and/or any applicable laws.|
|For purposes of these Terms, "Confidential Information" shall be defined as the verbal and/or written disclosures, documents or communications, stored in either written, graphic, digital, optical electromagnetic form or in software as a service systems, commonly known as "the cloud", e-mails, optical disks, memory cards or removable drives or any other means that can retain information; disclosed by Wajooba to you.||We will not tell your secretes, and we wholeheartedly expect that you will not tell ours.|
|The parties hereby agree that all Confidential Information disclosed under these Terms, unless written consent is otherwise granted by the other party, shall be maintained in strict confidence and shall be used solely in connection with performing its obligations as required herein.||The Internet is not a secure network, and except as specifically indicated, most stuff you post will become public. Use your common sense and don’t blame us if you post your phone number in public.|
|You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Wajooba. You shall notify Wajooba in writing promptly upon discovery of any unauthorized use or disclosure of Confidential Information.|
|If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will: (i) promptly notify Wajooba prior to such disclosure to allow Wajooba an opportunity to contest the disclosure; and (ii) cooperate fully with Wajooba in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.|
|Advertisements and Promotions. From time to time, we may place ads and promotions from third party sources in the Site. Accordingly, your participation or undertakings in promotions of third parties other than Wajooba, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. Wajooba is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.||If you click on an Amazon link that offers 99% discount for life, it is not our responsibility.|
|Assignment. These terms will inure to the benefit of any successors of the parties. You shall not be authorized to assign our rights and obligations under these Terms to any other third party.|
|Trial and Beta versions. Wajooba may, in its sole discretion, offer trial Services or beta Services from time to time at no charge. We may discontinue any trial or beta services at any time, with or without notice and without any further obligations to you. We will have no liability for any harm or damages suffered by you or any third party in connection with any trial or beta services.|
|California Residents Notice. As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided to you by Canarylogic LLC. For any inquires or complaints regarding the Site, please contact our customer service team at the address indicated in our site. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at (800) 326-2297 or (916) 322-1700.||Go Cali! Our California users can rest assured that their rights as consumers are protected.|
|Content Moderation. Wajooba hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Site, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.||We can delete any content on our site.|
|Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Wajooba will be irreparably damaged, and therefore you agree that Wajooba shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.|
|Export Controls. You will comply with all applicable export laws and restrictions and regulations of the US Department of Commerce or other United States or foreign agency or authority, and you will not use the Services to export, or allow any export or re-export in violation of any such restrictions, laws or regulations. You represent and warrant to Wajooba that you are not a prohibited party or located in, under the control of, or a national or resident of any restricted country, and that you will otherwise comply with all applicable export control laws. If you reside outside the United States, then in addition to complying with the foregoing, you will comply with any relevant export control laws in your local jurisdiction.||Please do not resell our services to crazy dictators.|
|Force Majeure. Wajooba shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Wajooba’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.||We are not responsible if a sudden hurricane takes down our site.|
|Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.|
|No Waiver. Failure by Wajooba to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.|
|No Relationship. You and Wajooba are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.||We are proud of you. You managed to get here without your head exploding. This is the last shot, so we will make little handy paragraphs explaining various legal concepts that, guess what, also apply to you!|
|Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.|
Applicable Law, Waiver, Dispute Resolution
|Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Wajooba shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Wajooba, you may not adjoin or consolidate any claim with more than one person’s; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.|
|Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.|
|Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, United States of America, without regard to conflict of law principles.|
|Arbitration Procedure. In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.|
|Any arbitration shall be managed by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures. The arbitration shall be conducted in the English language in the City of Santa Clara, California, United States of America in accordance with the provisions set forth in the Rules of the AAA. The arbitral tribunal shall comprise of three (3) arbitrators, one appointed by each of the parties and a third one, who shall preside the arbitral tribunal, shall be elected by the parties’ appointed arbitrators. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding.|
|The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.|
|The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.|
|If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.|
|If you have any questions or queries about us, our Site, our Services or these Terms, please contact us at firstname.lastname@example.org and also at 5255 Stevens Creek Blvd, Santa Clara, CA 95051.|
|Date of last effective update is October 2017.|