END USER LICENSE AGREEMENT
WEBSITE TERMS AND CONDITIONS
This End User License Agreement (“EULA”) and general website Terms and Conditions (“T&Cs”) are legal agreements (together “Agreement”) between you and Webfire, LLC. for the Webfire online software and application (“Software”) which includes certain associated Services, as described below, and www.webfire.com (the “Site”). Please review the Agreement carefully before accessing the Site, before registering as a member, downloading the Software or subscribing to our Services, so that you are aware of your legal rights and obligations with respect to the Site or Webfire, LLC. and any of its affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” or "WBF").
YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT. IN ANY CASE, YOU AFFIRM THAT YOU ARE 13 YEARS OF AGE OR OVER, AS THE SITE, SOFTWARE AND SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE, SOFTWARE OR THE SERVICES.
IMPORTANT! PLEASE READ CAREFULLY. BY CLICKING THE ACCEPTANCE BUTTON, INSTALLING THE SOFTWARE OR OTHERWISE USING THE SOFTWARE OR SERVICES, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE OR SERVICES.
IMPORTANT! THIS SOFTWARE OPERATES IN CONJUNCTION WITH CERTAIN ASSOCIATED SERVICES (SEE BELOW). THE PURCHASE, LICENSE OR DOWNLOAD OF THE SOFTWARE FROM WWW.WEBFIRE.COM (THE “SITE”) OR ANY OTHER WEBSITE DOES NOT GRANT YOU ANY PERPETUAL RIGHT OR LICENSE TO THE ASSOCIATED SERVICES. CONTINUED AND ONGOING USAGE OF THE SOFTWARE AND SERVICES WILL REQUIRE A PERIOD SUBSCRIPTION FOR A FEE OF A LICENSE FOR THE ASSOCIATED SERVICES.
BY REGISTERING WITH THE SITE OR SUBSCRIBING TO OUR SERVICES, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US.
USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
THERE ARE RECURRING ANNUAL, SEMI-ANNUAL OR MONTHLY FEES ASSOCIATED WITH THE SERVICES PROVIDED ON THIS SITE OR THOUGH THE SOFTWARE. ONCE YOU HAVE SIGNED UP FOR THE SERVICES, YOUR CREDIT CARD OR PAYPAL ACCOUNT (WHICHEVER YOU HAVE SUPPLIED TO US) WILL BE AUTOMATICALLY CHARGED THE ANNUAL, SEMI-ANNUAL OR MONTHLY FEE FOR THE SERVICES ON A RECURRING BASIS.
IN THE EVENT THAT YOU SIGNED UP, FIRST ACCESSED OR CREATED AN ACCOUNT ON THE SITE, SOFTWARE OR SERVICE SUBJECT TO OR IN ACCORDANCE WITH ANY FREE, LIMITED OR OTHER TRIAL SUBSCRIPTION PERIOD, PLEASE BE AWARE THAT AFTER THAT TRIAL PERIOD EXPIRES, WE WILL BEGIN TO BILL YOUR CREDIT CARD ACCOUNT ON A PERIODIC (MONTHLY, SEMI-ANNUAL OR ANNUAL) SCHEDULE FOR THE SERVICES, UNLESS YOU TERMINATE YOUR ACCOUNT PRIOR TO THE END OF THE TRIAL OR FREE PERIOD. PLEASE VERIFY ALL TERMS ASSOCIATED WITH SUCH PROMOTION TO VERIFY YOUR OBLIGATIONS. YOU CAN ALWAYS CANCEL YOUR ACCOUNT BY FOLLOWING INSTRUCTIONS ON THE SITE OR BY SENDING AN E-MAIL TO SUPPORT@WEBFIRE.COM.
ALL SALES OR SUBSCRIPTIONS TO OUR SOFTWARE OR ANY OF OUR SERVICES ARE FINAL, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ON THE WEBPAGES YOU VISITED AS PART OF THE REGISTRATION PROCESS. NO REFUNDS OR CREDITS SHALL BE ISSUED BY WBF FOR ANY REASON.
- Software License: The Software and the associated Services, as described below, provide various tools that enable you, the user (“User”) to analyze your website ranking, take action to improve such related rankings and traffic to your website, track your website rankings, and find certain contact information for people interested in various products and services. You assume full and complete responsibility for the usage of the Software to achieve your intended results, and for the installation, use and results obtained from the Software.
- Subject to your compliance with the terms and conditions of this EULA, WBF grants to you a non-exclusive, non-transferable, revocable right to install and use the Software (without any right to sublicense) on any computer and mobile device that you own or control. WBF retains ownership of this Software and reserves all rights not otherwise expressly granted to you by this EULA. The terms of this EULA shall govern any upgrades provided by WBF that either replace or supplement this Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- This Software is licensed, not sold to you, by WBF. All worldwide Intellectual Property Rights that are embodied in or related to the Software are, and at all times shall remain, the sole and exclusive property of WBF, whether or not specifically recognized or protected under local laws. For purposes of this EULA, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. You may not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by WBF on or in the Software.
- You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense this Software.
- Except as explicitly permitted in this EULA, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of this Software, or any part thereof.
- WBF retains ownership of this Software and reserves all rights not otherwise expressly granted to you by this EULA.
- Refund: Except as specifically provided herein or on the webpages you visited in the registration process, WBF will not refund any Software fees paid by you for any reason whatsoever, in whole or in part.
- Services License: The term “Service” means the server-based functionality that interoperates with the Site and the Software. Subject to your compliance with the terms and conditions of this Agreement, WBF grants to you a non-exclusive, non-transferable, revocable right to access and use the Services on any computer or mobile device that you own or control and on which you previously installed the Software in accordance with this Agreement. WBF reserves the right to suspend or discontinue all or part of the Services at any time without prior notice.
- Access to the Services using the Site or the Software shall be available via periodic (e.g. monthly, semi-annual or annual) subscriptions for a fee as described on the Site.
- THE PURCHASE, LICENSE OR DOWNLOAD OF THE SOFTWARE FROM THE SITE OR ANY OTHER WEBSITE DOES NOT GRANT YOU ANY PERPETUAL RIGHT OR LICENSE TO THE ASSOCIATED SERVICES.
- The subscription fees for the Services are explained to you on the Site and are subject to change from time to time at WBF’s absolute and sole discretion. Please note that any subscriptions or fees that are disclosed to you in the registration process are deemed part of this Agreement. You agree to pay WBF for all usage and/or subscription fees charged to your Account, as per this Agreement. All charges will appear on your credit card bill.
- In the event that you first accessed or used our Site, Software or Services subject to or in accordance with any free, limited or other trial subscription period, please be aware that after that trial period expires, we will begin to bill your credit card account on a periodic (monthly, semi-annual or annual) schedule for the Site, Software or Services, unless you terminate your Account prior to the end of the trial or free period. Please verify all terms associated with such promotion to verify your obligations. You can always cancel your Account by following instructions on the Site or by sending an e-mail to email@example.com.
- CONTINUED AND ON-GOING USAGE OF THE SERVICES WILL REQUIRE THE CONTINUOUS PERIODIC SUBSCRIPTION AND LICENSE TO THE ASSOCIATED SERVICES.
- Refund Policy: You may terminate your Service subscription at any time. Upon termination, you will no longer be invoiced for future Service fees, as applicable. The above not withstanding, except as specifically provided herein or on the webpages you visited in the registration process, WBF will not refund any Software fees paid by you for any reason whatsoever, in whole or in part.
- The Site: The Site provides its Users with access to and means of licensing the Software and any associated Services. All activities and capabilities offered by or through the Site and any mobile device or application shall individually and collectively be referred to as “Web Services”.
- WBF reserves the right to add, change, modify, suspend or discontinue any portion of the Site at any time. WBF may also impose limits on certain features and/or restrict your access to parts of the Site or to the entire Site in WBF’s sole and absolute discretion and without notice or liability to anyone.
- License to Use the Site. As a User, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
- Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any materials viewed at, on or through the Site.
- Content. The term “Content” means all data, text, images, and any other information or materials uploaded or submitted by you or on your behalf in connection with your use of the Software or Services.
- Your Content. You may upload Content using the Site, Software and its Services to either third party websites or our Services. WBF does not verify, endorse, or claim ownership of any Content, and you retain all right, title, and interest in and to the Content. The above not withstanding, you hereby agree and acknowledge that in accessing the Site, purchasing or licensing the Software, or subscribing to Services you grant WBF a non-exclusive, perpetual, worldwide, non-revocable license to all Content. Further, you acknowledge and agree that any and all Content may be deleted from WBF’s servers and the Services upon termination of your Account without notice to you. The above not withstanding, you acknowledge that the Services are automated (e.g., Content is uploaded and submitted using software tools) and that WBF does not edit, verify or confirm any of the Content.
- Your Representations and Warranties Regarding Content. You represent and warrant that (i) you are the owner, licensor, or authorized user of all Content; and (ii) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (a) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (b) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or WBF, or any rights of publicity or privacy of any party; (c) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (d) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (e) is harmful to minors; (f) or violates any law, statute, ordinance, or regulation.
- Account Registration: In order to use the Site, Software and the Services, you may be required to create an Account. You may never use someone else’s Account. You may also never grant anyone else access to your Account. When creating an Account, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete.
- As part of the registration process, you may be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your username, password and any and all communications and other activities that are conducted through your Account, Software and Services.
- If you have reason to believe that your Account is no longer secure, you must promptly change your password by updating your Account information and immediately notify us of same by e-mailing us at firstname.lastname@example.org.
- Data Limited License: Subject to your compliance with the terms and conditions of this Agreement, WBF grants to you a non-exclusive, non-transferable, revocable right to access and use the Services on any computer or mobile device that you own or control and on which you previously installed the Software in accordance with this Agreement to access certain Data which may include the contact information for individuals or businesses (the “Data”). This Data may include names, addresses, phone numbers, email addresses, and Twitter accounts. Unless specifically authorized by us in advance and in writing, you will not share, sell, transfer, or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity. You will not name or refer to WebFire or your use of the Data in any of your advertisements or promotional or marketing materials. You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by this Agreement.
- Termination. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from WBF if you fail to comply with any term in this Agreement. Your termination of this Agreement will not affect charges submitted as part of a periodic subscription before WBF could reasonably take action in response to your notice.
- Conduct Restrictions: As a User of the Site, Software or Services. you agree not to:
- impersonate any person or entity;
- engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Site;
- transmit any chain letters, spam or junk e-mail to other Users;
- express or imply, without our specific, prior, written consent that any statements you make are endorsed by WBF;
- harvest or collect personal information about other Users, whether or not for commercial purposes, without their express consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Software or Services;
- access the Site, Software any Services through any technology or means other than as explicitly authorized by WBF;
- remove any copyright, trademark or other proprietary rights notices contained on the Site, Software or Services;
- interfere with or disrupt the Site, Software or Services, or the servers and/or networks connected to the Site, Software or Services;
- post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site, Software or Services;
- "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
- use metatags, code or other devices containing any reference to WBF or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so;
You agree and warrant that your use of the Data will comply with all applicable federal, state, local, and foreign laws, statutes, rules, and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, SMS (text) marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and the Mobile Marketing Association (“MMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA and/or MMA, you will use your best efforts to comply with the DMA’s and MMA’s guidelines. You acknowledge and agree that it is your sole responsibility to determine the applicability of, and ensure your own compliance with, any such Laws.
You agree and warrant that your use of any United States email Data will comply with all applicable Laws including, without limitation, the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws.
You agree and warrant that your use of any Canadian email Data will comply with all applicable Laws including, without limitation, CASL.
You acknowledge that certain Data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those and you further agree to comply with all such relevant Laws relating to any such do-not-contact lists.
We reserve the right to review your use of the Data to ensure compliance with this Agreement, but any failure of us to review such use will not constitute acceptance of such use or waive any of our rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, we may audit your records to determine whether you are in compliance with this Agreement, and you will make available to us or our representatives all records necessary for the conduct of such an audit.
WBF reserves the right, but has no obligation, to reject any Account that does not comply, in WBF’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your Account. WBF reserves the right to pursue any and all legal remedies against Users who engage in any of the aforementioned prohibited conduct. However, in any event, WBF assumes no responsibility for the conduct of other Users on the Site or using the Software and Services.
- Disclaimer of Warranty:
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THIS SITE, SOFTWARE AND ANY RELATED SERVICES IS AT YOUR SOLE RISK.
- THIS SITE, SOFTWARE AND ITS RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
- WBF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS SITE, SOFTWARE AND THE SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
- THE SITE, SOFTWARE AND THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
- WBF DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THIS SITE, SOFTWARE OR ITS SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE, SOFTWARE OR ITS SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SITE, SOFTWARE OR ITS SERVICES WILL BE CORRECTED.
- THERE IS NO PROMISE OR REPRESENTATION THAT YOU WILL MAKE A CERTAIN AMOUNT OF MONEY, OR ANY MONEY, OR NOT LOSE MONEY, AS A RESULT OF USING OUR PRODUCTS AND SERVICES.
- ANY EARNINGS, REVENUE, OR INCOME STATEMENTS ARE STRICTLY ESTIMATES. THERE IS NO GUARANTEE YOU WILL MAKE THESE LEVELS FOR YOURSELF. AS WITH ANY BUSINESS, YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR PERSONAL ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND OUR CONTROL, INCLUDING VARIABLES WE OR YOU HAVE NOT ANTICIPATED. THERE ARE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCES. EACH PERSON’S RESULTS WILL VARY.
- THERE ARE UNKNOWN RISKS IN ANY BUSINESS, PARTICULARLY WITH THE INTERNET WHERE ADVANCES AND CHANGES CAN HAPPEN QUICKLY.
- THE USE OF OUR INFORMATION, PRODUCTS, AND SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
- Limitation of Liability. WBF SHALL NOT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, SOFTWARE OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WBF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE ABOVE NOT WITHSTANDING, WBF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $500 (FIVE HUNDRED DOLLARS).
- Export Control. You may not use or otherwise export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained.
- Government Rights. Any Software or Services furnished to the United States or any state or local government are provided on these commercial terms and conditions.
- Indemnification: You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, Software, Services or any data, content or information provided by Users or (ii) arising from your breach of this Agreement.
- Third-party Websites: The Site, Software and Services may contain links to or otherwise access other websites and services not owned or controlled by WBF. WBF has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, Software or Services you expressly relieve WBF from any and all liability arising from your use of any third party website or service. Furthermore, WBF does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or services, or for any damages and/or losses arising there from. Accordingly, you are encouraged to read the terms and conditions and privacy policies of such other websites and their services. You will bound by the terms and conditions, policy policies, and rules and regulations of any third party website you access through the Site, Software or Services.
- Controlling Law and Severability. This EULA shall be treated as though it were executed and performed in Dane County, Wisconsin and shall be governed in all respects by the laws of the State of Wisconsin without regard to conflict of law provisions. You agree that any Claim or dispute you may have against WBF must be resolved by a court located in Dane County, Wisconsin, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dane County, Wisconsin for the purpose of litigating all such Claims or disputes.
- Miscellaneous: Should any part of this EULA be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Software or Services is in conflict or inconsistent with this EULA, this EULA shall take precedence. Our failure to enforce any provision of this EULA shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this EULA.
- You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
- Complete Agreement. This EULA constitutes the entire agreement between you and WBF relating to the Software and Services, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by WBF.
- Contact Us:
3591 Richie Rd.
Verona, WI 53593