WAMessages TERMS AND CONDITIONS

Last updated September 27, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an agency ("you"), and Noosa Labs Inc ("Company", "we", "us" or "our"), regarding with your access and use of the https://wamessages.com website, as well as any other form of media, media channel, web application, browser extension, mobile website or mobile application related, linked or connected to another mode with it (collectively, the "Site"). We are registered in Delaware, USA. You agree that by accessing the Site, you have read, understood and agreed to all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST IMMEDIATELY STOP USING THE SITE.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will notify you of any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to specific notice of each such change. Please be sure to review the Applicable Terms each time you use our Site to understand which Terms apply. You will be bound by, and will be deemed to be aware of and accepting, the changes to the revised Terms of Use by your continued use of the Site after the date of posting of the revised Terms of Use.

The information provided on the Site is not intended to be distributed or used by any person or body in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirements in that jurisdiction or country. Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent applicable.

The Site is not designed to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you may not use this Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users over the age of 18. Persons under the age of 18 are not authorized to use or register on the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is owned by us and all of the Site's source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content ") and the trademarks, service marks and logos contained therein (the "Trademarks") are owned or controlled by us or licensed to us, and are protected by copyright laws and the trademark and other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or any Content or Mark may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, certified or otherwise exploited. in any other way for any commercial purpose, without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Content that you have successfully accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that (1) you have legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).

FEES AND PAYMENT

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. In addition, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you. you if necessary. We bill you for purchases made through the Site through an online billing account. Sales tax will be added to the price of purchases as we deem necessary. We can change prices at any time. All payments will be made in US Dollars, Euros, Indian Rupees or other relevant currencies that we may add in the future.
You agree to pay all charges or fees at the then-current prices for your purchases, and you authorize us to charge your selected payment provider for any amount when you make your purchase. If your purchase is subject to recurring charges, then you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

FREE TRIAL

We offer a free trial of 100 messages to new users who register on the Site. The account will not be charged and the subscription will be suspended until you upgrade to a paid version at the end of the free trial.

CANCELLATION

All purchases are non-refundable. You may cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are not satisfied with our services, please send us an email at support@wamessages.xyz 

SOFTWARE

We may include software for your use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use. Any Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept all risks arising out of the use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

WHATSAPP’S TERMS AND CONDITIONS

We are not affiliated in any way with WhatsApp, Facebook or any of their brands. Facebook and WhatsApp are separate companies and as such have their own Terms and Conditions, which you must adhere to.

Our site is designed to be used in conjunction with WhatsApp and is therefore intended to be used under the WhatsApp Terms and Conditions. You agree to comply with the terms of use of WhatsApp. In no case will you hold us responsible for the use you make of WhatsApp. You agree that you are solely responsible for the content you share through our Site and that you do so at your own discretion.

You agree to use our Site and WhatsApp in accordance with this agreement and WhatsApp's policies. You can find WhatsApp's terms and conditions here . If you do not comply with these policies, your account could be blocked and this is entirely your responsibility, you will not hold us responsible in any way if this happens.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that which we make available to you. The Site may not be used in connection with any commercial activities, except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:

  1. Systematically obtain data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
  2. Circumventing, scamming, or misleading us and other users, especially in any attempt to learn sensitive account information, such as user passwords.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site and/or the Content it contains .
  4. Disparage, damage or harm, in our judgment, us and/or the Site.
  5. Use any information obtained from the Site for the purpose of harassing, abusing or harming another person.
  6. Misusing our support services or making false reports of abuse or misconduct.
  7. Use the Site in a manner inconsistent with any applicable law or regulation.
  8. Engage in unauthorized framing or linking to the Site.
  9. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive capitalization and spam (continuous posting of repetitive text), that interferes with any party's continued use and enjoyment of the Site or that modifies, impairs, interrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  10. Engage in any automated use of the system, such as the use of scripts to post comments or messages, or the use of any data mining, robots, or similar data gathering and extraction tools.
  11. Remove any copyright or other proprietary rights notice from any Content.
  12. Attempt to impersonate another user or person or use another user's username.
  13. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for information collection or transmission, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs , cookies, or other similar devices (sometimes called "spyware" or "passive collection mechanisms" or "pcms").
  14. Interfere with, disrupt, or create an undue burden on the Site or networks or services connected to the Site.
  15. Harass, annoy, intimidate or threaten any of our employees or agents tasked with providing any part of the Site to you.
  16. Attempt to circumvent any measures of the Site designed to prevent or restrict access to the Site, or any part of it.
  17. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  18. Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the computer programs that make up or are in any way part of the Site.
  19. Except as the result of using a standard search engine or Internet browser, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheating tool, plagiarist, or reader outside of line accessing the Site, or use or launch any unauthorized scripts or other software.
  20. Use a purchasing agent or buyer to make purchases on the Site.
  21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  22. Use the Site as part of any attempt to compete with us or use the Site and/or the Content for any commercial or income-generating endeavor.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute or participate in blogs, message boards, online forums and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or disseminate content and materials to us or on the Site, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Site and through third party websites. Therefore, contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contribution, you represent and warrant that:

  1. The creation, distribution, transmission, public display or performance, accessing, downloading or copying of your Contributions does not and will not infringe any proprietary rights, including, without limitation, copyrights, patents, trademarks, secret commercial or moral rights of third parties.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated on the Site and in these Terms of Use. use.
  3. You have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of any and all such identifiable individual persons to enable inclusion and use. of your Contributions in any manner contemplated by the Site and these Terms of Use.
  4. Your Contributions are not false, inaccurate or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not indecent, lewd, obscene, violent, harassing, defamatory, or otherwise objectionable (as determined by us).
  7. Your contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against any particular person or class of persons.
  9. Your contributions do not violate any applicable law, regulation or rule.
  10. Your contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law relating to child pornography, or intended to protect the health or welfare of minors.
  12. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
  13. Your Contributions do not violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions anywhere on the Site, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free right and license and fully paid worldwide to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, store, store, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and license sublicenses of the foregoing. Use and distribution may occur in any format and through any communication channel.

This license shall apply to any form, media, or technology now known or hereafter developed, and includes our use of its name, company name, and franchise name, as applicable, and any trademarks, names, logos, and personal and business images that you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights in your Contributions have been asserted.

We do not assert any ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of ​​the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless and refrain from taking any legal action against us in connection with your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contribution; (2) to re-categorize any Contributions to place them in more appropriate places on the Site; and (3) to pre-screen or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your contributions.

GUIDELINES FOR REVIEWS

We may offer you areas on the Site to leave reviews or ratings. When posting a review, you must meet the following criteria: (1) you must have first-hand experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity, abusive, racist, offensive or hateful language; (3) your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews must not contain references to illegal activities; (5) you must not be affiliated with a competitor if you post negative reviews; (6) must not draw conclusions about the legality of conduct; (7) you may not post false or misleading statements; and (8) you may not run a campaign that encourages others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We are under no obligation to review reviews or remove them, even if someone finds them objectionable or inaccurate. Opinions are not endorsed by us and do not necessarily represent our views or those of any of our affiliates or partners. We do not assume responsibility for any review or for any claim, liability or loss resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all the content related to the opinions.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site ("Communications") that you provide to us is non-confidential and shall become our sole property. We will have exclusive rights, including all intellectual property rights, and will have the right to use and disseminate these Communications without restriction for any legal, commercial or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights in such Communications, and you warrant that such Communications are original to you or that you have the right to send them. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Communications.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or may be sent to you through the Site) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information , applications, software and other content or elements belonging to or originating from third parties ("Third Party Content"). We do not investigate, monitor or verify the accuracy, adequacy or completeness of such third party websites, and we are not responsible for any third party websites accessed through the Site or any third party content posted, made available or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of third party websites or third party content. The inclusion, linking or authorization of the use or installation of Third Party Websites or Third Party Content does not imply our approval or endorsement of them. If you decide to leave the Site and access Third Party Websites or use or install any Third Party Content, you do so at your own risk, and you should be aware that these Terms of Use no longer govern. You should review the applicable terms and policies, including the privacy and data collection practices, of any website you navigate to from the Site or related to any application you use or install from the Site. Any purchases you make through third party websites will be through other websites and other companies, and we assume no liability in connection with such purchases, which are solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third party websites and hold us harmless from any damages caused by your purchase of such products or services. In addition, you hold us harmless from any loss or damage you suffer in connection with any Third Party Content or any contact with Third Party Websites.

U.S. GOVERNMENT RIGHTS

Our services are "trade items" as defined in Federal Acquisition Regulation ("FAR") 2.101. If our services are purchased by or on behalf of any agency other than the Department of Defense ("DOD"), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulations ("DFARS") 227.7202-3. Additionally, DFARS 252.227-7015 applies to technical data acquired by the DOD. This United States Government Rights Clause supersedes and supersedes any other clause or provision of the FAR, DFARS or otherwise that addresses Government rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, reject, restrict access, limit availability, or disable (to the extent technologically possible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or in any way a burden on our systems; and (5) otherwise administer the Site in a manner that protects our rights and property and facilitates the proper operation of the Site.

PRIVACY POLICY

We care about privacy and data security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United States, by continuing to use the Site you are transferring your data to the United States. , and you agree that your data will be transferred to and processed in the United States.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes any copyright that you own or control, please notify us immediately using the contact information provided below (a "Notification"). A copy of your Notice will be sent to the person who posted or stored the material to which the Notice refers. Please note that under applicable law, you may be held liable for damages if you make false statements in a Notice. Therefore, if you are not sure whether material located or linked by the Site infringes your copyright, you should first consider contacting an attorney.

TERM AND TERMINATION

These Terms of Use will remain in effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal, and injunctive prosecution.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Site at any time or for any reason, at our sole discretion and without notice. However, we are under no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or perform maintenance related to the Site, which may cause interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site at any time or for any reason without notice to you. You agree that we have no liability or responsibility for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or interruption of the Site. Nothing in these Terms of Use shall be construed as an obligation to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.

REFUND POLICY

Our refund policy is available here.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements entered into and to be performed in their entirety within the State of Delaware, without regard to its conflict of principles. legal.

DISPUTE RESOLUTION

informal negotiations

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each "Dispute" and collectively, "Disputes") brought by you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to settle any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notification by one Party to the other.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except for Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA Supplemental Procedures for Consumer Related Disputes ("AAA Rules"). AAA Consumer Policy"), both available on the AAA website at www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where applicable, will be limited by the AAA Consumer Rules. Arbitration may be conducted in person, by filing documents, by telephone, or online. The mediator will make a decision in writing, but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the mediator fails to do so. Except as otherwise required by AAA Rules or applicable law, the arbitration will take place in Delaware. Except as otherwise provided, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, annul, or enter judgment on the award rendered by the arbitrator.

If, for any reason, a dispute proceeds to court rather than arbitration, the dispute will be commenced or prosecuted in the state and federal courts located in Delaware, and the Parties hereby consent and waive all defenses of lack of personal jurisdiction and of forum non conveniens with respect to the venue and jurisdiction of said state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transactions Act (UCITA) are excluded from these Terms of Use.

In no event shall a Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute that falls within the part of this provision that is found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.

Exceptions to Informal Negotiation and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Dispute that seeks to enforce or protect, or that concerns the validity of, any of the proprietary rights intellectual of a Party; (b) any Dispute relating to, or arising out of, allegations of theft, hacking, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute covered by that part of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction. above, and the Parties agree to submit to the personal jurisdiction of such court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, prices, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to modify or update the information on the Site at any time, without notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NO INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR THE CONTENT OF ANY WEB SITE LINKED TO THE SITE AND SHALL NOT BE RESPONSIBLE FOR (1) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY ERRORS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED ON, TRANSMITTED OR OTHERWISE AVAILABLE THROUGH THE SITE. WE DO NOT ENDORSE, WARRANT OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION APPEARING IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER DAMAGES. DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE ARISE OF ANY CAUSE OF ACTION. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective directors, agents, partners and employees, against any loss, damage, liability, claim or demand, including reasonable fees and expenses of attorneys, made by any third party due to, or arising out of: (1) your Contributions; (2) use of the Site; (3) your 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, without limitation, intellectual property rights; or (6) any manifest harmful act towards any other user of the Site with whom you have connected through the Site. 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 our best efforts to notify you of any claim, action or proceeding that is subject to this indemnification as soon as we become aware of it.

USER DATA

We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we regularly back up data, you are solely responsible for all data that you transmit or that is related to any activity you have conducted using the Site. You agree that we will have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising out of any loss or corruption of any such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any right or requirement under the statutes, regulations, rules, ordinances or other laws of any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or the payment or granting of credits by any means other than electronic.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved to your satisfaction, you may contact the California Department of Consumer Affairs, Division of Consumer Services, Complaint Assistance Unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento. , California 95834 or by phone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use will not waive that right or provision. These Terms of Use apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is found to be illegal, void, or unenforceable, that provision or part of a provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us because we drafted them. You hereby waive any defense you may have based on the electronic form of these Terms of Use and the lack of signature by the parties to execute these Terms of Use.

CONTACT US

To resolve a complaint about the application or to receive further information about the use of the site, please contact us via support@wamessages.xyz 

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