WAND Corporation (“WAND Corporation”, “we”, “our”, “us”) offers a digital signage software and technology services, which may include mobile applications and websites related to such services.
WAND CORPORATION SERVICES
USE OF AND REQUIREMENTS TO USE THE SERVICES
In using the Services, you agree that:
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 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.
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
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.
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.
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:
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: email@example.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.
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 firstname.lastname@example.org 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 email@example.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.
THIRD-PARTY BENEFICIARY; ADDITIONAL TERMS
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.
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
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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.
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
CHANGES TO THESE TERMS
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: firstname.lastname@example.org
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.