Terms of Use

WAND CORPORATION SERVICES

The Services offer digital signage and technology services to you, based on your individual services agreement with WAND Corporation. Find out more about our Services here. Our Services are only available to individuals at least 18 years of age. If there is any inconsistency or conflict between the provisions of this Terms of Use and your services agreement, then the services agreement shall prevail.

If you wish to use WAND Corporation’s Services, you will be requested to provide WAND Corporation and/or its third party service providers with certain information, including, without limitation, information about your identity, e-mail address, physical address, birthdate, and such similar information. We may (or through an analytic service or other third party provider), either incidentally during the course of business or with your permission, also access your name, company name, credit card or banking information, email address, mobile device number, collect other third party data about you, and collect other information as we may request from time to time, (collectively, the “Personal Information”). Please see our Privacy Policy here for further details. The information collected by analytic services, including, without limitation Personal Information, is anonymous and aggregated. We reserve the right to use this information for any lawful business purpose.

The Services may also contain links to third party websites that are not owned or controlled by WAND Corporation. WAND Corporation makes no representations or warranties regarding any websites, information or Content that may be accessible through the Services that is not maintained, controlled or created by WAND Corporation. Further, WAND Corporation assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites. WAND Corporation will not censor or edit the content of any third-party websites. Additionally, because WAND Corporation does not control non-WAND Corporation sites or the products advertised therein, you acknowledge and agree that WAND Corporation is not responsible for the availability of such non-WAND Corporation sites, products, or services, and is neither responsible nor liable for any content, advertising, products, services or other materials on or available from such sites. In no event shall any reference to any non-WAND Corporation site, product or service be construed as an approval or endorsement by WAND Corporation of such site, product or service. Please see our Privacy Policy for further details. By using the Services, you expressly relieve WAND Corporation from any and all liability arising from your use of any third-party website.

If you are agreeing to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms of Use and, in such event, “you” and “your” refer to that company or other entity.

PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you, including your Personal Information. The information you provide us is subject to our Privacy Policy.

USE OF AND REQUIREMENTS TO USE THE SERVICES

In using the Services, you agree that:

you accept and agree to these Terms of Use and our Privacy Policy;
you will register an account with us on the Site if you choose to access the Portal;
you are a U.S. citizen of at least 18 years of age; your use and your Representatives use of the Services shall comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data, and specifically including the US Foreign Corrupt Practices Act and United Kingdom Bribery Act and any other similar applicable law; you will not modify, translate, disassemble, reverse engineer any portion of the Services, or otherwise seek to obtain the source code of the Services or WAND Corporation Content; you will not launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the WAND Corporation servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WAND Corporation grants the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content and provided that such spiders do not affect operation of the Services. WAND Corporation reserves the right to revoke these exceptions either generally or in specific cases; you will neither collect or harvest any personally identifiable information, including e-mail addresses, from the Services, nor use the communication systems provided by the Services for any commercial solicitation purposes; you will not solicit, for commercial purposes, any users of the Services; you will not create or transmit unwanted electronic communications such as “spam” to other users or members of the Services or otherwise interfere with other user’s or member’s enjoyment of the Services; you will not transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; you will not use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; you will not use any device, software or routine that interferes with the proper working of the Services; you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of the Services; you will not to violate or attempt to violate the security of this Services, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of the Services.

SERVICES CONTENT, OWNERSHIP, AND USE RESTRICTIONS

You are authorized to use the Content featured on the Services, for your own personal or commercial use, and all other uses are prohibited. For clarity, you are not permitted to use the Content or the Services to sell third party products or services, however, you may direct your customers to the Content or the Services to facilitate the sale of WAND Corporation’s digital signage software and technology services or identify potential leads through WAND Corporation’s partnership program. You agree neither to use the Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password in order to use the Services

You are solely responsible for any and all activity that occurs on your account and mobile device (if applicable), and you must keep your password and mobile device secure. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorized or performed using your username and password or mobile device, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms of Use or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your Personal Information on your mobile device or from unauthorized or fraudulent transactions associated with your account. If you suspect or become aware of any unauthorized activity or access to your username, password, or mobile device, or if your mobile device is stolen or lost, you must contact us immediately at support@wandcorp.com or +1 952-361-6200.

YOUR ACCOUNT

You may be required to create an account and specify a password in order to use the Services or features of the Services. You are solely responsible for selecting the password of your choice. To create an account, you must be at least 18 years old and you must provide truthful, accurate, and complete information about yourself. Do not try to and do not impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You agree to update such information to keep it true and accurate. WAND Corporation is not responsible or liable for any inaccurate information you provide.

In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Services. Moreover, your administrator may be able to access or disable your account without our involvement.

You will be asked to select a password upon creation of an account. Select a password that would be difficult to guess, and change it regularly as an added precaution. You agree not to share your password or share access to your account. You agree that you are responsible for activities that occur under your account. You agree to notify us immediately of unauthorized use of your password or account.

We reserve the right to take such action in our discretion to help ensure the security of the Services, including, without limitation, terminating an account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liabilities or damages arising out of (i) any action or inaction of WAND Corporation under this provision or (ii) any compromise of the confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by WAND Corporation’s breach of the express terms of these Terms of Use, as proved by clear and convincing evidence. You may not use anyone else’s account at any time.

TERMINATION

Unless earlier terminated by us, this Terms of Use is effective so long as you access or otherwise use the Services. Without limiting the foregoing, we have the right to immediately terminate your account or your access to the Services in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use.

You may stop using the Site, Portal any of the services offered by WAND Corporation made available through the Site or the Portal, and thus terminate the Terms of Use at any time by contacting us at support@wandcorp.com or +1 952-361-6200 and providing sufficient information for us to verify your identity. Your termination of these Terms of Use will not affect any of our rights or your obligations arising under these Terms of Use prior to termination.

Upon termination of these Terms of Use, you shall destroy all Content, WAND Corporation Content and any other information obtained from the Services and all related documentation thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from WAND Corporation if in WAND Corporation’s sole discretion you fail to comply with any provision of the Terms of Use, if we are required to do so by law, or if we no longer make the Services available for any reason or no reason. Further, except as otherwise required by law, upon termination WAND Corporation will retain all information and data utilized with the Services, including all Content and Personal Information utilized therewith.

Provisions of these Terms of Use that, by their nature, should survive termination of these Terms of Use will survive termination of these Terms of Use.

TEXT MESSAGING AND ELECTRONIC COMMUNICATIONS

You represent and warrant that all communications you cause to be sent through the Services shall at all times comply with all applicable local, state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.

To permanently cease receiving text messages from WAND Corporation, reply STOP to any WAND Corporation message. You can also adjust your settings through the Services.

You may sign up to receive certain WAND Corporation notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your
service provider.

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms of Use electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at communications@wandcorp.com. If you withdraw your consent to receive Communications electronically, we may decide, in our sole discretion, to close your account, in which case you will no longer be able to use your account or the Services, except as expressly provided in these Terms of Use. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Site or Portal. Your failure to do so will result in a failure to receive Communications and WAND Corporation will not be responsible or liable to you for any such failures for you to receive such Communications.

In order to access and retain Communications provided to you electronically, you must have: (1) a valid e-mail address; (2) a computer or other mobile device (such as a tablet or smart phone) that operates on a platform like Windows or macOS; (3) a connection to the Internet; (4) software that will connect you to the Internet and the Portal and Site; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader X or higher, or Apple Preview 10 or higher; (6) a computer or device and an operating system capable of supporting all of the above; (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO WAND CORPORATION.

Message and data rates may apply. You agree that if the mobile telephone number you provide at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY WAND Corporation of any such reassignment or termination by calling +1 952-361-6200 or by sending an email to support@wandcorp.com. All charges are billed by and payable to your mobile service provider. WAND Corporation does not charge for sending or receiving text messages. Data obtained from you in connection with the Services may include your mobile phone number, your carrier’s name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Services. All such data obtained is subject to our Privacy Policy.

You acknowledge that any text messages you receive from WAND Corporation are distributed via third-party mobile network providers. As a result, WAND Corporation cannot control certain factors relating to message delivery. You further acknowledge that neither WAND Corporation nor your wireless carrier is liable for delayed or undelivered text messages.

USER CONTENT

We may provide opportunities for you to post text, photographs, videos, links, or other content (collectively, “Content”) on the Services. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual, worldwide, sub-licensable (through multiple tiers), non-exclusive, right, license and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, distribute, adapt, modify, create derivative works of, exhibit, and otherwise use your Content in any manner. Without those rights, we couldn’t offer our Services. Please note that this license continues even if you stop using our Services. You hereby acknowledge and agree that your relationship with WAND Corporation is not a confidential, fiduciary or other special relationship and that your decision to submit any Content does not place WAND Corporation in a position of trust regarding such Content.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post. You further release and discharge WAND Corporation, any owners and/or operators, of the Site or Portal, their respective affiliates, subsidiaries, employees, agents, successors and assigns from any and all claims that you might have in connection with the use, publication, display, reproduction, distribution or exploitation of the Content.

Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications may not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

By submitting any Content to WAND Corporation, you represent and warrant that:

the Content is true, accurate, current, and complete; you are not and shall not misrepresent your identity or your Personal Information; you shall promptly notify us of changes to your Personal Information by updating your account on the Site or Portal; you are the sole author and owner of the Content and any intellectual property rights thereto, and have the appropriate authority to provide us with the rights and permissions to use the Content as stated herein; all “moral rights” that you may have in such Content have been voluntarily waived by you; and use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any Content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s intellectual property rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation; that is, or may reasonably be considered to be, fraudulent, abusive, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that contains Personal Information that you do not wish to be made public or to be displayed in accordance with the applicable settings that you indicate, or that contains another person’s personal information or otherwise invades another’s privacy; that contains any information (such as medical, insider, proprietary or confidential information) that you do not have a right to make available due to healthcare laws, contract, fiduciary duty, or operation of any other law; that creates any liability to WAND Corporation whatsoever; that includes any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the company or individual you have been authorized by; or that contains any computer viruses, worms or other potentially damaging computer programs or files. WAND Corporation reserves the right to change, condense or delete any Content that WAND Corporation deems, in its sole discretion, to violate the Privacy Policy or any provision of these Terms of Use. WAND Corporation does not guarantee that you will have any recourse through WAND Corporation to edit or delete any Content you have submitted. WAND Corporation reserves the right to remove, modify or to refuse to post any Content for any reason. You acknowledge that you, not WAND Corporation, are solely responsible for the Content and the consequences of posting or publishing the same. WAND Corporation has taken reasonable steps to ensure the confidentiality of information collected in the Services and any Content. However, unexpected changes in technology may be used by unauthorized third-parties to intercept confidential information and WAND Corporation cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.

We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify WAND Corporation as follows:

Address: WAND Corporation
Attn: Marketing Department
7575 Corporate Way
Eden Prairie, MN 55344

E-Mail Address: communications@wandcorp.com

Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to WAND Corporation for certain costs and damages.

USER CONDUCT GUIDELINES

Do not use the Services in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms).

If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Services, and take appropriate legal actions.

Using our Services does not give you ownership of any intellectual property rights to the WAND Corporation Content or any other content you access, including, without limitation the Content of others. You may not use any content from our Services unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.

When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

SECURITY

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with generally accepted industry standards that are designed to guard the Services, our systems, and Content provided by our users. We will maintain any personally identifiable information that we collect and/or receive in accordance with our Privacy Policy.

NON-DISCRIMINATION POLICY

We want all users to feel welcome and included on our Services. As such, WAND Corporation prohibits discrimination by users against other users, visitors, or any other party (“Protected Class”) on the basis of race, ethnicity, color, religion, sex, national origin, ancestry, physical characteristic, disability, marital status, family status or composition, pregnancy status, sexual orientation, gender identity, gender expression, political affiliation, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law (“Protected Characteristic”). Such discrimination includes, but is not limited to, doing any of the following: submitting discriminatory content on the Services;
imposing any different terms or conditions upon a member of any Protected Class on the basis of a Protected Characteristic; or any other conduct that improperly takes into account any Protected Characteristic. WAND Corporation will take steps, in its sole discretion, to enforce this policy, up to and including the suspension or termination from the Services of anyone who violates this policy. If you experience discrimination from any user, WAND Corporation employee, licensor, visitor, or third-party provider, please contact info@wandcorp.com or +1 952-361-6200, with the subject “Non-Discrimination Policy”, so we can investigate and take appropriate measures.

WAND Corporation reserves the right to suspend or terminate any user’s access to the Services who violates these rules or who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory ,or offensive comments on the Services or by taking actions that would tend to reflect poorly on WAND Corporation.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to communications@wandcorp.com. You may also contact us by writing to 7575 Corporate Way, Eden Prairie, MN 55344. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CROSS-BORDER APPLICATION

The Services are intended to be made available only to individuals in the United States, and the information on the Site or Portal is only for such persons. Nothing on the Services shall be considered a solicitation to sell services to any person in any jurisdiction where such offer or solicitation would be unlawful under the laws of such jurisdiction. You may not use the Services and may not accept these Terms of Use if (1) you are not 18 years of age, or (2) you are a person barred from using the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

THIRD-PARTY BENEFICIARY; ADDITIONAL TERMS

You agree that our third-party providers are third-party beneficiaries of the applicable provisions of these Terms of Use, with all rights to enforce such provisions as if such service providers were a party to these Terms of Use.

In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions that are posted on the Site or Portal (the “Additional Terms”), which are hereby incorporated by reference into these Terms of Use. In the event of a conflict between any Additional Terms and these Terms of Use, these Terms of Use will control.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) Content that you submit; (2) use of the Services; (3) a breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAND CORPORATION SHALL NOT BE LIABLE FOR (1) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF WAND CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED (COLLECTIVELY, “DAMAGES”).

THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES; (2) THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT; (3) ANY INCOMPATIBILITY BETWEEN THE SERVICE’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, (4) ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT ON THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF WAND CORPORATION’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

IF THERE IS A DISPUTE BETWEEN USERS OF THE SERVICES, OR BETWEEN USERS AND ANY THIRD PARTY, YOU AGREE THAT WAND CORPORATION IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR ANY THIRD PARTY, YOU RELEASE WAND CORPORATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR OUR SERVICES (INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY REVIEWS POSTED ABOUT YOU OR THIRD-PARTY PROVIDERS). IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO 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.”

OUR WARRANTIES AND DISCLAIMERS

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE, NEITHER WAND CORPORATION NOR ITS AGENTS OR THIRD PARTY SERVICE PROVIDERS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, THE CONTENT OF THE SITE, AND THE WAND CORPORATION CONTENT. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTIES OR CONDITIONS OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.

ALTHOUGH WAND CORPORATION BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WAND CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WAND CORPORATION DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE SERVICES WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.

WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

The Content and WAND Corporation Content on the Services may be out of date and WAND Corporation makes no commitment to update the information on the Services. However, in an effort to provide you with the most current information, WAND Corporation will, from time to time, make changes to the Content and on the Services. Your use of the Services is at your sole discretion and risk.

Any Content or other material downloaded or otherwise obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

NO PROHIBITED INDIVIDUALS

You hereby represent and warrant that, neither you nor any of your Representatives that may use or have access to the Services are the target of or designated under any sanctions program that is established by statute or regulation of the United States, by Executive Order of the President of the United States or by designations of any department or agency of the United States government including those designations reflected in the “List of Specially Designated Nationals and Blocked Persons” of the Office of Foreign Assets Control, U.S. Department of the Treasury (http://www.treas.gov/offices/enforcement/ofac/sdn/t11sdn.pdf). If you or any of your Representatives that may use or have access to the Services become the target of or designated under any such sanctions program during your or your Representatives use of the Services, you shall immediately notify WAND Corporation of such target or designation. Any misrepresentation or failure by you to comply with this paragraph of the Terms of Use shall be a material breach of this Terms of Use, and in such event WAND Corporation may immediately terminate your account or your access to the Services without payment of penalty or damages or further performance of any kind and refuse delivery of any goods, technology or other services regardless of any existing contractual obligation.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Binding Arbitration

If the Parties are unable to resolve a any controversy or claim arising out of or relating to the Services, use of the Services, these Terms of Use and/or the Privacy Policy (each a “Dispute”) through informal negotiations, you and WAND Corporation agree that the Dispute (except those Disputes expressly excluded below) shall be settled by binding arbitration to be held in Hennepin County, Minnesota in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. To the extent permitted by law, WAND Corporation shall pay the administrative fees associated with the arbitration, except for the first $300.00 in administrative fees for any arbitration that is initiated by you, and each of us shall separately pay our counsel fees and expenses. The arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the American Arbitration Association, then 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. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor WAND Corporation shall be entitled to arbitrate their dispute. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE SERVICES IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Class Action Waiver

The parties agree to bring any dispute in arbitration only on their own behalf, and not on a class or collective actions basis. Accordingly:

There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). The Class Action Waiver shall not be severable from this Arbitration Agreement in any case in which: (a) the dispute is filed as a class and/or collective action and (b) a civil court of competent jurisdiction (subject to appeals if any to an appellate court) finds the Class Action Waiver is unenforceable. In such instances, the class and/or collective action must be litigated in a civil court of competent jurisdiction.

Notwithstanding any other clause or language in these Terms of Use and/or any rules or procedures that might otherwise apply by virtue of these Terms of Use or by virtue of any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, any claim that the Class Action Waiver or any portion of the Class Action Waiver, is unenforceable, inapplicable, unconscionable, or void or voidable, shall be determined only by a court of competent jurisdiction and not by an arbitrator.

The Class Action Waiver and any other provision of this Arbitration Section shall be severable in any case in which the dispute is filed as an individual (non-class and non-collective) action and severance is necessary to ensure that the action proceeds in arbitration.

COPYRIGHT AND TRADEMARKS

The information contained on the Services, including all text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “WAND Corporation Content”) are copyrights, trademarks, trade dress or other intellectual property owned by, controlled by, licensed to WAND Corporation, or are otherwise used by WAND Corporation with permission, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, WAND Corporation and our licensors reserve all rights in and to our Services and the WAND Corporation Content. We may, but are not obligated to, monitor your use of the Services and WAND Corporation Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and WAND Corporation Content for (i) your own personal or commercial use as authorized in this Terms of Use or (ii) if you are a business or organization, to communicate about your business or organization with your customers. However, such license is subject to these Terms of Use and does not include any right to (a) sell, resell or commercially use our Services or WAND Corporation Content; (b) copy, reproduce, distribute, publicly perform or publicly display WAND Corporation Content, except as expressly permitted by us or our licensors; (c) modify the Services, WAND Corporation Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or WAND Corporation Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or WAND Corporation Content other than for their intended purposes and in compliance with these Terms of Use. Any use of our Services or WAND Corporation Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and/or these Terms of Use.

CHANGES TO THESE TERMS

WAND Corporation reserves the right, in its sole discretion, to revise these Terms of Use at any time upon posting the amended terms on the Site and/or Portal without providing notice to you. The amended terms shall automatically be effective upon posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. Your continued use of the Services following WAND Corporation’s posting of any changes will constitute your acceptance of such changes.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Content, WAND Corporation Content, or other materials (“Materials”) on the Services infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act (“DMCA”). To follow those procedures, contact Compliance at WAND Corporation (address below) and provide the following information:

A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner. Sufficient information about the location of the allegedly infringing Materials so that Accretive can find and verify its existence. Your name, telephone number and e-mail address. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf. A signature or the electronic equivalent from the Owner or authorized representative. WAND Corporation’s agent for notice of copyright or trademark issues on the Services can be reached as follows: communications@wandcorp.com

WAND Corporation shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that WAND Corporation may use information about your demographics and use of the Services in any manner that does not reveal your identity.

CONTACT US

If you have questions or comments about this policy, you may email us at communications@wandcorp.com