*This page includes the
THESE TERMS AND CONDITIONS
(THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND PREDICTION MARKETING LLC.
(“WISEDIGITALCONSULTING”, “WE” OR “US”). THESE TERMS EXPLAIN HOW YOU ARE
PERMITTED TO USE THE WEBSITE AS WELL AS ALL ASSOCIATED SITES PROVIDED BY WISEDIGITALCONSULTING,
ITS SUBSIDIARIES, AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING
THIS SITE OR REGISTERING TO USE THE SERVICES OFFERED THROUGH THE SITE
(“SERVICES”), YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY
OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES OR ANY
INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A
DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER
THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY
HAVE WITH WISEDIGITALCONSULTING. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL
ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
make changes to the content and Services offered on or through the Site at any
time. WISEDIGITALCONSULTING can change, update, or add or remove provisions of
these Terms, at any time by posting the updated Terms on this Site and, if you
are a current Subscriber (as defined below), emailing you at the email address
associated with your registered account. By using this Site after
WISEDIGITALCONSULTING has updated the Terms, you are agreeing to all the
updated Terms; if you do not agree with any of the updated Terms, you must stop
using the Site and Services.
By using this Site and/or
Services, you represent, acknowledge and agree that you are at least 18 years
of age, or if you are under 18 years you may not use the Site or Services at
any time or in any manner or submit any information to WISEDIGITALCONSULTING or
provides content on the Site and through the Services that is the copyrighted
and/or trademarked work of WISEDIGITALCONSULTING, WISEDIGITALCONSULTING’s
third-party licensors and suppliers or other users of the Site (collectively,
the “Materials”). Materials may include logos, graphics, video, images,
software and other content.
Subject to your compliance
with these Terms, WISEDIGITALCONSULTING hereby grants you a limited, personal,
non-exclusive and non-transferable license to use and to display the Materials
and to use this Site and Services solely for your personal use. Except for the
foregoing license, you have no other rights in the Site or any Materials and
you may not modify, edit, copy, reproduce, create derivative works of, reverse
engineer, alter, enhance or in any way exploit any of the Site, Services or
Materials in any manner.
If you breach any of these
Terms, the above license will terminate automatically and you must immediately
destroy any downloaded or printed Materials.
Using the Site and the
Services on the Site
You need not register with
WISEDIGITALCONSULTING to simply visit and view the Site. However, in order to
access certain password-restricted areas of the Site and to use the Services
and certain Materials offered on and through the Site, you must register with
WISEDIGITALCONSULTING for an account and receive a password.
Restricted Areas of this Site
administrator shall have the right to approve or reject the req WISEDIGITALCONSULTIN
Guested registration, in the Company’s sole discretion. If your account is
approved by MARKETINGAGENCY’s administrator, you will be notified and provided
with Access Details such as username and password. The Access Details are for
your own personal use only. You are responsible for maintaining the
confidentiality of your Access Details and you are responsible for all
activities that occur using your Access Details.
All the information that
you provide when registering for an account and otherwise through the Site must
be accurate, complete and up to date.
By registering for an
account with WISEDIGITALCONSULTING and subscribing to use the Services, you
become a “Subscriber” with access to certain password-restricted Services, Materials
and areas of the Site (a “Subscription”). Subscriptions and the rights and
privileges provided to a Subscriber are personal and non-transferable.
Certain Services sold by
WISEDIGITALCONSULTING may require WISEDIGITALCONSULTING to host certain
elements of such Services and to provide ongoing support services.
WISEDIGITALCONSULTING reserves the right, in its sole discretion, to
discontinue hosting, support and all other activities related to such Services
at any time following 12 months from your initial purchase of such Services.
Prior to such discontinuance, WISEDIGITALCONSULTING will provide you with at
least 30 days prior notice. Such notice will be sent to the email address
associated with your account, so it is your responsibility to update as
necessary the email address associated with your account. Notwithstanding the
foregoing, WISEDIGITALCONSULTING shall only be required to provide such notice
to users that have logged into the accounts associated with the Service to be
discontinued within the period of 90 days prior to the date of notice of
discontinuation. Upon discontinuation of a Service, WISEDIGITALCONSULTING may
delete all databases associated with your use of the Service.
Payment and Purchases
You may pay for your
Subscription fee with credit card or PayPal. We or our payment processing
partner will charge your credit card or PayPal account for your first
Subscription fee on the date that we process your account registration (or if
you sign-up for a Subscription that includes a free-trial period, we or our
payment processing partner will charge your credit card for your first
Subscription fee upon your upgrade to a paid Subscription).Once your credit
card is charged the first Subscription fee (or if you sign-up for a
Subscription that includes a free-trial period, once your order for your
Subscription has been processed), you will receive a confirmation e-mail
notifying you of your ability to access the Services. All orders for services
and products are subject to acceptance by WISEDIGITALCONSULTING.
WISEDIGITALCONSULTING may refuse to accept any order for any reason in
WISEDIGITALCONSULTING’s sole discretion. Additionally, WISEDIGITALCONSULTING
may cancel any order for any reason at any time, even after acceptance, and
refund the associated payments.
WISEDIGITALCONSULTING WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON YOUR
MONTHLY OR YEARLY ANNIVERSARY DATE AND, AS AUTHORIZED BY YOU DURING THE
SUBSCRIPTION SIGN-UP PROCESS, WISEDIGITALCONSULTING OR OUR PAYMENT PROCESSING
PARTNER WILL CHARGE YOUR CREDIT CARD OR PAYPAL ACCOUNT WITH THE APPLICABLE
MONTHLY SUBSCRIPTION FEE (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE) ON EACH
SUBSEQUENT ANNIVERSARY DATE. FOR PURPOSES OF THIS SECTION, “ANNIVERSARY DATE”
MEANS THE DATE OF THE MONTH OR THE YEAR, DEPENDING ON YOUR SUBSCRIPTION, YOU
INITIALLY REGISTERED AS A PAID SUBSCRIBER. IF YOUR ANNIVERSARY DATE IS DATE IN
A CALENDAR MONTH WHICH DOES EXIST IN EVERY CALENDAR MONTH, THEN, IN MONTHS THAT
DO NOT HAVE THAT DATE, YOUR ANNIVERSARY DATE WILL BE THE 28TH OF EACH MONTH.
EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE CALENDAR MONTH. YOU MAY CANCEL YOUR
SUBSCRIPTION AT ANY TIME BY CONTACTING SUPPORT AT:
SUPPORT@MARKETINGAGENCYUS.COM. WISEDIGITALCONSULTING REQUIRES A REASONABLE
AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL
YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE END OF
THE MONTH YOU CANCELED, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END
OF THAT MONTH.
If applicable, you agree to
pay all fees or charges to your account related to your purchase of additional
products or services based on WISEDIGITALCONSULTING’s fees, charges, and
time or if WISEDIGITALCONSULTING or our payment processing partner cannot
charge your credit card or PayPal account for any reason, WISEDIGITALCONSULTING
reserves the right to either suspend or terminate your access to the Site and
Services and terminate these Terms. You are expressly agreeing that
WISEDIGITALCONSULTING and/or our payment processing partner is permitted to
bill you for the applicable fees, any applicable tax and any other charges you
may incur in connection with your use of this Site and Services and the fees
will be billed to your credit card or PayPal account, and thereafter at regular
intervals for the remainder of the term of these Terms. Unless expressly
provided otherwise by WISEDIGITALCONSULTING, if you cancel your account or
Subscription at any time, you will not receive any refund. However, even if
WISEDIGITALCONSULTING’s policy for a certain service or product allows for a
refund, if WISEDIGITALCONSULTING determines that your purchase was initiated
with the intent of benefiting from the purchase and then requesting a refund
(which might be indicated by multiple refund requests), then
WISEDIGITALCONSULTING may refuse to grant you a refund under such circumstances.
If you have a balance due on any account, you agree that WISEDIGITALCONSULTING
or our payment processing partner may charge such unpaid fees to your credit
card or PayPal account or otherwise bill you for such unpaid fees. You will be
liable for paying any and all applicable sales and use taxes for the purchase
of your Subscription or any other WISEDIGITALCONSULTING products or services
based on the mailing address that you provide when you register, and you
authorize WISEDIGITALCONSULTING or our payment processing partner to charge
your credit or PayPal account for any such applicable taxes.
ALL PURCHASES OF
SUBSCRIPTIONS, SERVICES AND OTHER PRODUCTS FROM WISEDIGITALCONSULTING ARE FINAL
AND NO REFUNDS ARE AVAILABLE, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR ON OUR
WEBSITE OR IF WISEDIGITALCONSULTING CANCELS YOUR ORDER.
attempts to create the highest quality Services, the actual benefits realized
by customers may vary depending upon a number of variables, including customer
efforts and initiative. You agree not to initiate any charge-back on fees you
have paid to WISEDIGITALCONSULTING , unless you did not actually receive the
Services that your ordered.
If you cancel your account
or Service at any time, you will not receive any refund. However, even if
WISEDIGITALCONSULTING's policy for a certain service allows for a refund, if
WISEDIGITALCONSULTING determines that your purchase was initiated with the
intent of benefiting from the purchase and then requesting a refund (which
might be indicated by multiple refund requests), then WISEDIGITALCONSULTING may
refuse to grant you a refund under such circumstances.
Electronic and Other Communications
By using the Site and/or
the Services, you consent to receiving electronic and telephone communications
from or on behalf of WISEDIGITALCONSULTING. These electronic communications may
include notices about applicable fees and charges, transactional information
and other information concerning or related to the Site and/or Services
(including offers and information about new Services). These electronic
communications are part of your relationship with WISEDIGITALCONSULTING. You
agree that any notices, agreements, disclosures or other communications that we
send you electronically will satisfy any legal communication requirements,
including that such communications be in writing.
Third Party Content
Certain Materials may be
provided by third party licensors and suppliers to WISEDIGITALCONSULTING
(“Third Party Content”). Such Third Party Content is, in each case, the
copyrighted work of the creator/licensor. Unless you have permission from the
owner of the Third Party Content, you agree to use such Third Party Content
pursuant to the applicable licenses of such Third Party Content. You
acknowledge and agree that you have no right to download, cache, reproduce,
modify, display (except as set forth in this paragraph), edit, alter or enhance
any of the Third Party Content in any manner unless you have permission from
the owner of the Third Party Content. WISEDIGITALCONSULTING DISCLAIMS ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD
PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD
Links to Third Party Sites
This Site and/or the
Services may be linked to other web sites that are not WISEDIGITALCONSULTING
sites (collectively, “Third Party Sites”). In certain situations, you may be
transferred to a Third Party Site through a link but it may appear that you are
still on the Site or using the Services. In any case, you acknowledge and agree
that the Third Party Sites may have different privacy policies, terms and
conditions and/or user guides and business practices than
WISEDIGITALCONSULTING, and you further acknowledge and agree that your use of
such Third Party Sites is governed by the applicable Third Party Web Site
comply with any and all terms and conditions, users guides and privacy policies
of any of Third Party Sites. WISEDIGITALCONSULTING is providing links to the
Third Party Sites to you as a convenience, and WISEDIGITALCONSULTING does not
verify, make any representations or take responsibility for such Third Party
Sites, including, without limitation, the truthfulness, accuracy, quality or
completeness of the content, services, links displayed and/or any other
activities conducted on or through such Third Party Sites. Unless expressly
stated on the Site or in the Services, links to Third Party Sites should in no
way be considered as or interpreted to be WISEDIGITALCONSULTING’s endorsement
of such Third Party Site or any product or service offered through it. YOU
AGREE THAT WISEDIGITALCONSULTING WILL NOT, UNDER ANY CIRCUMSTANCES, BE
RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES,
INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY
WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM
RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES
OF ANY THIRD PARTY.
When using this Site and/or
the Services, you agree to abide by common standards of etiquette and act in
accordance with the law. For example, you agree not to not to:
Defame, abuse, harass,
stalk, threaten, or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
Use racially, ethnically,
or otherwise offensive language.
Discuss or incite illegal
Use explicit/obscene language
or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits
children or minors or that depicts cruelty to animals.
Post any copyrighted or
trademarked materials without the express permission from the owner.
Disseminate any unsolicited
or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain
letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider,
scraper or other automated means to access the Site.
Take any action that
imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or
comments posted by others on this Site.
Post anything contrary to
our public image, goodwill or reputation.
This list of prohibitions
provides examples and is not complete or exclusive. WISEDIGITALCONSULTING
reserves the right to terminate access to your account, your ability to post to
this Site (or use the Services) with or without cause and with or without
notice, for any reason or no reason, or for any action that
WISEDIGITALCONSULTING determines is inappropriate or disruptive to the Site or
Services, or to any other user of the Site and/or Services.
WISEDIGITALCONSULTING may report to law enforcement authorities any actions
that may be illegal, and any reports it receives of such conduct. When legally
required or at WISEDIGITALCONSULTING’s discretion, WISEDIGITALCONSULTING will
cooperate with law enforcement agencies in any investigation of alleged illegal
activity on the Site, the Services, or on the Internet.
You agree to indemnify and
hold WISEDIGITALCONSULTING and its officers, directors, employees, affiliates,
agents, licensors, and business partners harmless from and against any and all
costs, damages, liabilities, and expenses (including attorneys’ fees and costs
of defense) WISEDIGITALCONSULTING or any other indemnified party suffers in
relation to, arising from, or for the purpose of avoiding, any claim or demand
from a third-party that your use of this Site or Services violates any applicable
law or regulation, or the copyrights, trademark rights or other rights of any
third party trademarks and service marks may or may not be designated as such
from time-to-time through the SM, TM or ® symbols. All rights not expressly
granted herein are reserved. Except as otherwise required or limited by
applicable law, any reproduction, distribution, modification, re-transmission,
or publication of any copyrighted material is strictly prohibited without the
express written consent of the copyright owner or license.
Intellectual Property Infringement
respects the intellectual property rights of others, and we ask you to do the
same. WISEDIGITALCONSULTING may, in appropriate circumstances and at our
discretion, terminate service and/or access to this Site for users who infringe
the intellectual property rights of others. If you believe that your work is
the subject of copyright infringement and/or trademark infringement and appears
on our Site or in the Services, please provide WISEDIGITALCONSULTING’s
designated agent the following information:
A physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
Identification of the
copyrighted and/or trademarked work claimed to have been infringed, or, if
multiple works at a single online site are covered by a single notification, a
representative list of such works at that site.
Identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled at the
Site, and information reasonably sufficient to permit WISEDIGITALCONSULTING to
locate the material.
sufficient to permit WISEDIGITALCONSULTING to contact you as the complaining
party, such as an address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
A statement that you have a
good faith belief that use of the material in the manner complained of is not
authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
agent for notice of claims of copyright or trademark infringement can be
reached as follows: [legal@MARKETINGAGECNY.com]
Please also note that for
copyright infringements under Section 512(f) of the Copyright Act, any person
who knowingly materially misrepresents that material or activity is infringing
may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”)
We will notify you that we
have removed or disabled access to copyright-protected material that you
provided, if such removal is pursuant to a valid DMCA take-down notice that we
have received. If you receive such notice from us, you may provide us with a
counter-notification in writing to WISEDIGITALCONSULTING designated agent that
includes all of the following information:
1. Your physical or
2. Identification of the
material that has been removed or to which access has been disabled, and the
location at which the material appeared before it was removed or access to it
3. A statement from you
under the penalty of perjury, that you have a good faith belief that the
material was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled; and
4. Your name, physical
address and telephone number, and a statement that you consent to the
jurisdiction of a court for the judicial district in which your physical address
is located, or if your physical address is outside of the United States, for
any judicial district in which WISEDIGITALCONSULTING may be located, and that
you will accept service of process from the person who provided notification of
allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
reserves the right, in its sole discretion, to terminate the account or access
of any user of our Site and/or Services who is the subject or repeated DMCA or
other infringement notifications.
Disclaimer of Warranties
Your use of the Site and
Services is at your own risk. The Materials have not been verified or
authenticated in whole or in part by WISEDIGITALCONSULTING, and they may
include inaccuracies or typographical or other errors. WISEDIGITALCONSULTING
does not warrant the accuracy of timeliness of the Materials contained on this
Site or obtained through the Services. WISEDIGITALCONSULTING has no liability
for any errors or omissions in the Materials, whether provided by
WISEDIGITALCONSULTING, our licensors or suppliers or other users.
ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY
REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE
SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED.
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR
MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES IS
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO
WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WISEDIGITALCONSULTING DOES
NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE
INSTALLED ON YOUR COMPUTER.
YOU ARE SOLELY RESPONSIBLE
FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE
AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE. YOU UNDERSTAND THAT
WISEDIGITALCONSULTING DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE SITE OR SERVICES. WISEDIGITALCONSULTING MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF SITE OR SERVICES. YOU AGREE
TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH
WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR ANY
SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFFLINE OR IN
Limitation of Liability
NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING,
OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR THE SERVICES. IN NO EVENT
SHALL WISEDIGITALCONSULTING BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER
ARISING, EVEN IF WISEDIGITALCONSULTING KNOWS THERE IS A POSSIBILITY OF SUCH
WISEDIGITALCONSULTING accept Subscribers internationally. You are responsible
to adhere to your applicable local laws where you live.
If you send or transmit any
communications, comments, questions, suggestions, or related materials to
WISEDIGITALCONSULTING, whether by letter, email, telephone, or otherwise
(collectively, “Feedback”), suggesting or recommending changes to the Site, any
Services or Materials, including, without limitation, new features or
functionality relating thereto, all such Feedback is, and will be treated as,
non-confidential and non-proprietary. You hereby assign all right, title, and
interest in, and WISEDIGITALCONSULTING is free to use, without any attribution
or compensation to you, any ideas, know-how, concepts, techniques, or other
intellectual property and proprietary rights contained in the Feedback, whether
or not patentable, for any purpose whatsoever, including but not limited to,
developing, manufacturing, having manufactured, licensing, marketing, and
selling, directly or indirectly, products and services using such Feedback. You
understand and agree that WISEDIGITALCONSULTING is not obligated to use,
display, reproduce, or distribute any such ideas, know-how, concepts, or
techniques contained in the Feedback, and you have no right to compel such use,
display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully.
It affects your rights.
Most customer concerns can
be resolved quickly and to a customer’s satisfaction by contacting us via
support@MARKETINGAGECNY.com. This Provision facilitates the prompt and
efficient resolution of any disputes that may arise between you and
WISEDIGITALCONSULTING Arbitration is a form of private dispute resolution in
which persons with a dispute waive their rights to file a lawsuit, to proceed
in court and to a jury trial, and instead submit their disputes to a neutral
third person (or arbitrator) for a binding decision. You have the right to
opt-out of this Provision (as explained below), which means you would retain
your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision
carefully. It provides that all Disputes between you and WISEDIGITALCONSULTING
shall be resolved by binding arbitration. Arbitration replaces the right to go
to court. In the absence of this arbitration agreement, you may otherwise have
a right or opportunity to bring claims in a court, before a judge or jury,
and/or to participate in or be represented in a case filed in court by others
(including, but not limited to, class actions). Except as otherwise provided,
entering into this agreement constitutes a waiver of your right to litigate
claims and all opportunity to be heard by a judge or jury. There is no judge or
jury in arbitration, and court review of an arbitration award is limited. The
arbitrator must follow this agreement and can award the same damages and relief
as a court (including attorney’s fees).
For the purpose of this
Provision, “THE COMPANY” means WISEDIGITALCONSULTING and its parents,
subsidiaries, and affiliate companies, and each of their respective officers,
directors, employees, and agents. The term “Dispute” means any dispute, claim,
or controversy between you and THE COMPANY regarding any aspect of your relationship
with THE COMPANY, whether based in contract, statute, regulation, ordinance,
tort (including, but not limited to, fraud, misrepresentation, fraudulent
inducement, or negligence), or any other legal or equitable theory, and
includes the validity, enforceability or scope of this Provision (with the
exception of the enforceability of the Class Action Waiver clause below).
“Dispute” is to be given the broadest possible meaning that will be enforced,
and shall include any claims against other parties relating to services or
products provided or billed to you (such as THE COMPANY’s licensors, suppliers,
dealers or third-party vendors) whenever you also assert claims against us in
the same proceeding.
WE EACH AGREE THAT, EXCEPT
AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN
EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN
ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether
pursued in court or arbitration, you must first give THE COMPANY an opportunity
to resolve the Dispute. You must commence this process by mailing written
notification to legal@MARKETINGAGECNY.com . That written notification must
include (1) your name, (2) your address, (3) a written description of your
Claim, and (4) a description of the specific relief you seek. If THE COMPANY
does not resolve the Dispute within 45 days after it receives your written
notification, you may pursue your Dispute in arbitration. You may pursue your
Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above,
you or THE COMPANY may choose to pursue a Dispute in court and not by
arbitration if (a) the Dispute qualifies, it may be initiated in small claims
court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM
THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You
may opt out of this Provision by sending a written notification to
legal@MARKETINGAGECNY.com. Your written notification must include (1) your
name, (2) your address, and (3) a clear statement that you do not wish to
resolve disputes with THE COMPANY through arbitration. Your decision to opt-out
of this Arbitration Provision will have no adverse effect on your relationship
with THE COMPANY. Any opt-out request received after the Opt-Out Deadline will
not be valid and you must pursue your Dispute in arbitration or small claims
If this Provision applies
and the Dispute is not resolved as provided above (Pre-Arbitration Claim
Resolution) either you or THE COMPANY may initiate arbitration proceedings. The
American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com,
will arbitrate all Disputes, and the arbitration will be conducted before a
single arbitrator. The arbitration shall be commenced as an individual
arbitration, and shall in no event be commenced as a class arbitration. All
issues shall be for the arbitrator to decide, including the scope of this
For arbitration before AAA,
for Disputes of less than $75,000, the AAA’s Supplementary Procedures for
Consumer-Related Disputes will apply; for Disputes involving $75,000 or more,
the AAA’s Commercial Arbitration Rules will apply. In either instance, the
AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA
rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before
JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS
Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will
apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in
the event it conflicts with the applicable arbitration rules. Under no
circumstances will class action procedures or rules apply to the arbitration.
Because the Site, Services
and these Terms concern interstate commerce, the Federal Arbitration Act
(“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will
apply applicable substantive law consistent with the FAA and the applicable
statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any
relief that would be available pursuant to applicable law, and will not have
the power to award relief to, against or for the benefit of any person who is
not a party to the proceeding. The arbitrator will make any award in writing
but need not provide a statement of reasons unless requested by a party. Such
award will be final and binding on the parties, except for any right of appeal
provided by the FAA, and may be entered in any court having jurisdiction over
the parties for purposes of enforcement.
Location of Arbitration –
You or THE COMPANY may initiate arbitration in either the State of Alabama or
the federal judicial district that includes your billing address. In the event
that you select the federal judicial district that includes your billing address,
THE COMPANY may transfer the arbitration to Alabama in the event that it agrees
to pay any additional fees or costs you incur as a result of the transfer, as
determined by the arbitrator.
Payment of Arbitration Fees and Costs – THE COMPANY will pay all arbitration filing fees and
arbitrator’s costs and expenses upon your written request given prior to the
commencement of the arbitration. You are responsible for all additional fees
and costs that you incur in the arbitration, including, but not limited to,
attorneys or expert witnesses. Fees and costs may be awarded as provided
pursuant to applicable law. In addition to any rights to recover fees and costs
under applicable law, if you provide notice and negotiate in good faith with
THE COMPANY as provided in the section above titled “Pre-Arbitration Claim
Resolution” and the arbitrator concludes that you are the prevailing party in
the arbitration, you will be entitled to recover reasonable attorney’s fees and
costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise
provided in this Provision, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a class or
representative proceeding or claims (such as a class action, consolidated
action or private attorney general action) unless both you and THE COMPANY
specifically agree to do so following initiation of the arbitration. If you
choose to pursue your Dispute in court by opting out of the Arbitration
Provision, as specified above, this Class Action Waiver will not apply to you.
Neither you, nor any other user of the Site or Services can be a class
representative, class member, or otherwise participate in a class,
consolidated, or representative proceeding without having complied with the
opt-out requirements above.
You understand and agree
that by entering into this Agreement you and THE COMPANY are each waiving the
right to a jury trial or a trial before a judge in a public court. In the
absence of this Provision, you and THE COMPANY might otherwise have had a right
or opportunity to bring Disputes in a court, before a judge or jury, and/or to
participate or be represented in a case filed in court by others (including
class actions). Except as otherwise provided below, those rights are waived.
Other rights that you would have if you went to court, such as the right to
appeal and to certain types of discovery, may be more limited or may also be
If any clause within this
Provision (other than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from this Provision, and
the remainder of this Provision will be given full force and effect. If the
Class Action Waiver clause is found to be illegal or unenforceable, this entire
Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall
survive the termination of your service with WISEDIGITALCONSULTING or its
affiliates. Notwithstanding any provision in this Agreement to the contrary, we
agree that if WISEDIGITALCONSULTING makes any change to this Provision (other
than a change to the Notice Address), you may reject any such change and
require WISEDIGITALCONSULTING to adhere to the language in this Provision if a
dispute between us arises.
prefers to advise you if we feel you are not complying with these Terms and to
recommend any necessary corrective action. However, certain violations of these
Terms, as determined by WISEDIGITALCONSULTING, may result in immediate
termination of your access to the Site and/or Services without prior notice to
you. The Federal Arbitration Act, Alabama state law and applicable U.S. federal
law, without regard to the choice or conflicts of law provisions, will govern
these Terms. Foreign laws do not apply. The United Nations on Contracts for the
International Sale of Goods and any laws based on the Uniform Computer
Information Transactions Act (UCITA) shall not apply to this Agreement. Except
for Disputes subject to arbitration as described above, any disputes relating
to these Terms or this Site will be heard in the courts located in the city and
State of Alabama. If any of these Terms is found to be inconsistent with
applicable law, then such term shall be interpreted to reflect the intentions
of the parties, and no other terms will be modified. WISEDIGITALCONSULTING’s
failure to enforce any of these Terms is not a waiver of such term. These Terms
are the entire agreement between you and WISEDIGITALCONSULTING and supersede
all prior or contemporaneous negotiations, discussions or agreements between
you and WISEDIGITALCONSULTING about the Site and Services. The proprietary
rights, disclaimer of warranties, representations made by you, indemnities,
limitations of liability and general provisions shall survive any termination
of these Terms.
If you have any questions
about these Terms or otherwise need to contact WISEDIGITALCONSULTING for any
reason, please contact via support@MARKETINGAGECNY.com
“Policy”) IS A LEGAL CONTRACT BETWEEN YOU AND PREDICTION MARKETING LLC.
(“WISEDIGITALCONSULTING”, “WE” OR “US”). THE Policy EXPLAINS HOW YOU ARE
PERMITTED TO USE THE WEBSITE AS WELL AS
ALL ASSOCIATED SITES PROVIDED BY WISEDIGITALCONSULTING, ITS SUBSIDIARIES, AND
AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING THIS SITE OR
REGISTERING TO USE THE SERVICES OFFERED THROUGH THE SITE (“SERVICES”), YOU ARE
AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT
ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES OR ANY INFORMATION CONTAINED ON
(“WISEDIGITALCONSULTING”, “WE” OR “US”) value your privacy. In this Privacy
Policy (“Policy”), we describe how we collect, use and disclose information
that we obtain about visitors to our website AS WELL AS ALL ASSOCIATED SITES
PROVIDED BY WISEDIGITALCONSULTING, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES
(COLLECTIVELY, THE “SITE”).
By visiting the Site, or
using any of our services, you agree that your personal information will be
handled as described in this Policy. Your use of our Site or Services, and any
dispute over privacy, is subject to this Policy and our Terms Use, available
HERE, including its applicable limitations on damages and the resolution of
into this Policy.
The Information We Collect
We may collect information
about you directly from you and from third parties (such as those that sell our
products), as well as automatically through your use of our Site or Services.
Information We Collect Directly From You
Certain areas and features
of our Site and Services may require registration. To register you must provide
your name and email. If you purchase something, we will also request your
credit, debit, and/or financial account data, as well as billing information,
including billing address. In addition, we may collect information from you
through surveys, contests and questionnaires that we may invite you to
participate in. We may also collect information such as your phone number or
other contact information, though you are not required to provide this.
Information We Collect Automatically
We may automatically
collect the following information about your use of our Site or Services
through cookies and other technologies: your domain name; your browser type and
operating system; web pages you view; links you click; your IP address; the
length of time you visit our Site and or use our Services; and the referring
URL, or the webpage that led you to our Site. We may combine this information
with other personal information that we have collected from you. Please see the
How We Use the Information We Collect
We use the information that
we gather about you for the following purposes:
To provide our Services to
you, to communicate with you about your use of our Services, to respond to your
inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and
information that we may send or display to you, to offer location customization,
and personalized help and instructions, and to otherwise personalize your
experiences while using the Site or our Services.
To send you news and
newsletters, special offers, and promotions; to otherwise contact you about
products or information we think may interest you; and for other marketing and
To better understand how
users access and use our Site and Services, both on an aggregated and
individualized basis, in order to improve our Site and Services and respond to
user desires and preferences, and for other research and analytical purposes.
How We Share the Information We Collect
We may share the
information that we collect about you, including personally identifiable
information, as follows:
Affiliates. We may disclose
the information we collect from you to our affiliated companies or
subsidiaries; however, if we do so, their use and disclosure of your personally
identifiable information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to
third-party vendors, service providers, contractors or agents who perform
functions on our behalf. If we do so, their use and disclosure of your
personally identifiable information will be subject to this Policy.
Business Transfers. If we are acquired by or merged with another company, if
substantially all of our assets are transferred to another company, or as part
of a bankruptcy proceeding, we may transfer the information we have collected
from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you
in order to comply with the law, a judicial proceeding, court order, or other
legal process, such as in response to a court order or a subpoena.
To Protect Us and Others. We also may disclose the information we collect from you
where we believe it is necessary to investigate, prevent or take action
regarding illegal activities, suspected fraud, situations involving potential
Policy, or as evidence in litigation in which WISEDIGITALCONSULTING is
Aggregate and De-Identified Information. We may share aggregate or de-identified information about
users with third parties for marketing, research or similar purposes.
tracking mechanisms to track information about your use of our Site or
Services. We may combine this information with other personal information we
collect from you.
are alphanumeric identifiers that we transfer to your computer’s hard drive
our systems to uniquely identify you during a session or while you are logged
into the Site, in order to help us to process your online transactions and
requests, verify your identity, track aggregate and statistical information
about user activity, and display advertising both on our Site and App and on third-party
sites. Most web browsers automatically accept cookies, but if you prefer, you
can edit your browser options to block them in the future. The Help portion of
the toolbar on most browsers will tell you how to prevent your computer from
accepting new cookies, how to have the browser notify you when you receive a
new cookie, or how to disable cookies altogether. Visitors to our Site who
disable cookies will be able to browse certain areas of the Site, but some
features may not function.
Clear GIFs. Clear
GIFs (a.k.a. web beacons, web bugs or pixel tags) are tiny graphics with a
unique identifier, similar in function to cookies. In contrast to cookies,
which are stored on your computer’s hard drive, clear GIFs are embedded
invisibly on web pages. We may use clear GIFs, in connection with our Site to,
among other things, track the activities of Site visitors and App users, help
us manage content, and compile statistics about usage. We and our third party
service providers also use clear GIFs in HTML e-mails to our customers, to help
us track e-mail response rates, identify when our e-mails are viewed, and track
whether our e-mails are forwarded.
Third Party Analytics and Tracking. We use automated devices and applications, such as
Google Analytics, to evaluate usage of our Site and, to the extent permitted,
our Application. We also may use other analytic means to evaluate our Services.
We use these tools to help us improve our Services, performance and user
experiences, not to track users across our Site and third party sites. These
services. We do not share your personal information with these third parties.
Notice for Users.
These cookies collect information about how visitors use a website, for
instance which pages visitors go to most often, and if they get error messages
from web pages. These cookies don’t collect information that identifies a
visitor. All information these cookies collect is aggregated and therefore
anonymous. It is only used to improve how a website works. By using our online
service, you agree that we can place these types of cookies on your device.
Third-Party Ad Networks
We may use third parties,
such as network advertisers, to display advertisements on our Site, as well as
to display ads on third-party websites. This enables us and these third parties
to target advertisements by displaying ads for products and services in which
technologies to measure the effectiveness of their ads and to personalize
advertising content to you. These third-party cookies and other technologies
may provide these third-party advertisers with information about your usage of
our Site and our Services. We do not share your name, email address or other
personal information with these third parties, and we do not permit these third
automatically collect your personal information.
What about Do-Not-Track options?
Currently, our Site does
not honor browser requests not to be tracked. You may, however, opt out of many
website third-party ad networks, including those operated by members of the
Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance
(“DAA”). For more information regarding this practice by NAI members and DAA
members, and your choices regarding having this information used by these
companies, including how to opt out of third-party ad networks operated by NAI
and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).
Opting out of one or more
NAI member or DAA member networks (many of which will be the same) only means
that those members no longer will deliver targeted content or ads to you. It
does not mean you will no longer receive any targeted content or ads on our
Site or other websites. You may continue to receive advertisements, for example,
based on the particular website that you are viewing. Also, if your browsers
are configured to reject cookies when you visit this opt-out page, or you
subsequently erase your cookies, use a different computer or change web
browsers, your opt-out may no longer be effective. Additional information is
available on the NAI and DAA websites accessible by the above links.
Your Choices about Communications and Marketing
We may send alerts and
notifications, as well as periodic promotional informational or other marketing
emails to you. You may opt out of marketing-related emails by following the
opt-out instructions contained in any marketing e-mail we send you. Please note
that it may take up to 10 business days for us to process opt-out requests. If
you opt out of receiving marketing emails, we may still send you alerts,
notifications and other e-mails about your account or any services you have
requested or received from us.
affiliates internationally. Your information may be stored and processed in the
United States or any other country where WISEDIGITALCONSULTING and/or it’s
affiliates are located; by submitting your information through our website, you
agree to such transfers.
We have implemented
commercially reasonable precautions to protect the information we collect from
loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
Please be aware that despite our best efforts, no data security measures can guarantee
100% security. You should take steps to protect against unauthorized access to
your password, phone, and computer by, among other things, signing off after
using a shared computer, choosing a robust password that nobody else knows or
can easily guess, and keeping your log-in and password private. We are not
responsible for any lost, stolen, or compromised passwords or for any activity
on your account via unauthorized password activity.
Changes to this Policy
This Policy is effective as
of the Effective Date above and is subject to change. Any changes to this
If you have questions or
concerns about the privacy aspects of our Services or would like to make a
complaint, please contact us at patricia@WISEDIGITALCONSULTING.com