WUPW, LLC Websites Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. By using WUPW, LLC Websites, or any of the sub-domains of WUPW, LLC (collectively, the “Website”), you agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to these Terms and Conditions, you may not access or use the Website or Services, which are further described below, and should immediately cease use. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Any modifications shall be effective immediately upon notice, which may be accomplished by posting the modified Terms and Conditions on the Website or via e-mail. Your use of the Website and/or Services following notice shall be deemed your acceptance of modifications. Continued access and use of the Website and/or Services shall be deemed your conclusive acceptance of the modified agreement. You should check the Terms and Conditions periodically for changes, regardless of whether you have reviewed them. These Terms and Conditions shall apply to all future owners, successors and assigns of WUPW, LLC.
BY CLICKING THE ACCEPTANCE BUTTON BELOW OR USING THE WEBSITE OR SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT WITH WUPW, LLC., YOU AGREE TO THE PRIVACY POLICY, AND YOU CONSENT TO JURISDICTION IN THE STATE OF OHIO FOR ANY DISPUTE. IF YOU DO NOT AGREE TO THIS AGREEMENT DO NOT USE THE WEBSITE OR SERVICES.
As a User of the Website, You agree to the following Terms and Conditions:
Introduction
Welcome to WUPW, LLC. The Terms and Conditions set forth the agreement (“Agreement”) between WUPW., together with any and all affiliates and subsidiaries, and any person or entity that directly or indirectly controls, is controlled by, or is under common control of WUPW, LLC., whether by ownership means or otherwise, such as the owner of a sub-domain and each user (collectively, “you” or “user”). The Terms and Conditions govern the use by you of this Website. WUPW, LLC. and this Website are designed to provide users with information, which can be related related to goods, services and vouchers offered through a partnership with our 3rd party vendors.
Scope and General Information
By using this Website, you acknowledge and agree to be legally bound and to abide by the Terms and Conditions. If you do not comply with the Terms and Conditions, WUPW, LLC reserves the right, if applicable, to terminate your related user account (if applicable) and/or access to this Website or any part thereof. By not complying with the Terms and Conditions, you acknowledge and agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar further access to the Website, user account, and related information and files. Further, you agree that WUPW, LLC shall not be liable to you or any third-party for any termination, cancellation, or denial of your access to or use of our Website or user account.
When you access our Website, subscribe and/or utilize one of our services, or perform similar activities, you must provide us with the requested information, which must be current, complete, and accurate information, as prompted by the applicable inquiry form. You acknowledge that by providing any information to WUPW, LLC that is untrue, inaccurate, not current, or incomplete, WUPW, LLC reserves the right to terminate your continued access, use of the Website, Services, and user account.
You agree to: maintain all equipment required for your access and use of the Website; maintain the security and confidentiality and other confidential information relating to your user account; and to be accountable for all charges and/or activities resulting from access and use of the Website and/or your user account, including unauthorized use prior to your notification of unauthorized use to WUPW, LLC as well as prevention of further occurrences of unauthorized use by changing your access information. You are entirely responsible for any and all activities and conduct, whether by you or anyone else, that are conducted through your user account. You agree to notify WUPW, LLC immediately of any unauthorized use of your account or any other breach of security. WUPW LLC will not be responsible for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Limited License; Use of Website and Services
WUPW, LLC grants to you a limited, non-exclusive, non-transferable right and license to access the Website and to use the Services provided thereon. WUPW, LLC services (“Services”) shall include, without limitation, providing users with information related to goods, services and vouchers, the ability to bid and/or purchase a good, service or voucher, and other related information.
User Regulations
You agree to use this Website only for lawful purposes and that you are responsible for your use and communication on the Website. You are prohibited from posting or transmitting on or through this Website, including, but not limited to, any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, indecent, offensive, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, without limitation, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, infringes another’s intellectual property rights, or violates any local, state, national, or international law.
Further, in connection with your use of the Website, you acknowledge and agree that you will not access the Website by any means other than through the standard, industry-accepted or WUPW, LLC.-provided interfaces. You acknowledge and agree that you will not impersonate any person or entity, including without limitation, an WUPW, LLC. official or someone of similar position or falsely state or otherwise misrepresent your affiliation with a person or entity. You acknowledge and agree that you will not use the Website or the Services in a manner that adversely affects the normal operation or the availability of its resources to other users or any other user’s use and enjoyment of the Website or use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Website or the Services in any manner that could damage, disable, overburden, or impair WUPW, LLC. servers or networks or interfere with any other user’s use and enjoyment of the Website and/or Services. You acknowledge and agree that you may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services. You acknowledge that you will not inquire or attempt to inquire, provide or attempt to provide, register or attempt to register, subscribe or attempt to subscribe any party to the Website or for any WUPW, LLC. product or Service if you are not expressly authorized by the party to do so.
You acknowledge and agree that you will not copy, reverse engineer, reverse assemble, otherwise attempt to discover source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, commercially exploit, or transfer or sell any information, software, products, or Services obtained through the Website. You acknowledge that you will not infringe, upload, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. You acknowledge and agree that you will not manipulate or otherwise display the Website and/or Services by using framing or similar navigational technology.
WUPW, LLC reserves the right to prohibit conduct, communication, or content that it deems in its sound discretion to be harmful to its users, the Website, or any rights of WUPW, LLC or any third party, or that may violate any applicable law. Notwithstanding the foregoing, neither WUPW, LLC nor its providers can prompt removal of questionable content after online posting. Accordingly, neither WUPW, LLC nor its providers shall assume liability for any action or inaction with respect to its users and/or conduct, communication, or content posted by its users or any third party.
User Verification
WUPW, LLC utilizes many techniques to identify our users when they engage on the Website. However, because user verification on the Internet is difficult, WUPW, LLC cannot and does not confirm each user’s purported identity. WUPW, LLC reserves the right to contact you directly by any and all means of communication that you leave to us at the time of registration.
Third Party Links
This Website may contain links to third party websites (each a “Linked Site”). Linked Sites are offered and provided to you for your convenience. If you use any of the Linked Sites, you leave this Website; WUPW, LLC is not responsible for any content, material, or information located on or accessible from any other website. WUPW, LLC does not endorse, guarantee, or make any representations, or warranties regarding the Linked Sites or the content, materials, or information located on or accessible from any other Linked Site or third party website. If you decide to access a Linked Site or a third party website, you do so entirely at your own risk, and WUPW, LLC encourages you to read the terms and conditions and privacy policy applicable to the websites.
Privacy
Please review our Privacy Policy, which similarly governs your visit to and use of the Website.
Accuracy of Information
WUPW, LLC attempts to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. WUPW, LLC makes no warranty as to the completeness, accuracy, or timeliness of any information on the Website.
Some content contained on or provided on or through the Website or Services is supplied by third parties. WUPW, LLC neither endorses nor is responsible for the accuracy, completeness, or usefulness of the content. WUPW, LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on or through the Website or Services by anyone other than any authorized WUPW, LLC representative.
Intellectual Property Rights
This Website contains material that is protected by United States copyright, trademark, trade secret, and other intellectual property laws, and by international treaty provisions. All rights not specifically granted to you herein are reserved to WUPW, LLC and to any third party with ownership rights in this Website.
You acknowledge and agree that the Website and Services contain proprietary and confidential information, including without limitation, all website design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, sound, software, and other related content. WUPW, LLC owns all trademarks used in connection with the Website, and no license to use any such trademarks is provided hereunder. The look and feel of the Website, including without limitation its color combinations, logos, button shapes, and other graphical elements, also are WUPW, LLC trademarks. You further acknowledge and agree that the selection, arrangement, and use are the exclusive property of WUPW, LLC, its licensors, or third party owners and may be protected by state, national, and international intellectual property and other laws. All rights are reserved to their respective intellectual property owners. WUPW, LLC and its licensors enforce proprietary interests to the fullest extent permitted under the law and shall seek civil and criminal remedies where appropriate.
The materials found on the Website are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © November 01, 2006, WUPW, LLC. Permission is granted to view and print materials from this Website for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this Website, whether in electronic or hard copy form, without the express prior written permission of IS Consulting, Inc., is strictly prohibited.
Any other use of materials on this Website, including without limitation, reproduction, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of WUPW, LLC is unauthorized.
You may not remove any proprietary notice of WUPW, LLC or any other party from the Website. All logos, page headers, custom graphics, and icons are service marks, trademarks, and/or copyrighted works of WUPW, LLC and its licensors. All other trademarks, service marks, product names, and company names or logos that appear on the Website are the property of their respective owners.
Monitoring
WUPW, LLC has no obligation whatsoever to monitor any of the content on the Website. However, you acknowledge and agree that WUPW, LLC has the absolute right to monitor at our sole discretion. In addition, WUPW, LLC reserves the right to alter, edit, refuse to post, or remove any content, in whole or in part, for any reason and to disclose materials and the circumstances surrounding their transmission to any third party to satisfy any applicable law, regulation, legal process, or governmental or administrative request and to protect ourselves and our clients, sponsors, users, and visitors.
Disclaimers
WUPW, LLC is providing this Website and its contents and the Services, information, and products provided on or through this Website or any Linked Site on an “as is” and “as available” basis, without any warranties of any kind, either express, implied, or statutory, including without limitation, warranties of title, infringement, merchantability, or fitness for a particular purpose, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. Further, WUPW, LLC makes no representations or warranties of any kind as to an uninterrupted, error-free, or secure use of this Website, including without limitation, that the Website will operate; that defects on this Website will be corrected; that any of the information, content, materials, or products included or listed on this Website are accurate, reliable, or complete; or that any software, services, sites, or servers on which the services and sites are hosted are free of viruses or other harmful components. WUPW, LLC expressly disclaims ALL REPRESENTATIONS and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose, and non-infringement. WUPW, LLC does not warrant that the Website, files, information, or products available on the Website will be free from corrupted data, computer viruses, or similar destructive or contaminating code. No oral or written statements by WUPW, LLC will create any warranty not expressly set forth herein. Use of this Website and any Linked Site is at your sole risk.
WUPW, LLC is not responsible for any product or service sold on or through this Website or any claims of quality or performance made on or through this Website or any Linked Site. You are advised that other websites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights, or otherwise unlawful. WUPW, LLC expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, products, or services that appear on this Website, any Linked Site, or any other website.
WUPW, LLC does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities that appear or are linked to this Website, unless that fact is expressly stated.
Limitation of Liability
WUPW, LLC. AND ANY AND ALL OF ITS AFFILIATES, SUBSIDIARIES, SUB-DOMAINS AND ANY PERSON OR ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL OF REV ROCKET, LLC., WHETHER BY OWNERSHIP MEANS OR OTHERWISE, (COLLECTIVELY, “WUPW, LLC” IN THIS SECTION) SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, WITHOUT LIMITATION: (i) THE USE OR INABILITY TO USE THIS WEBSITE; (ii) ANY CONTENT CONTAINED ON THE WEBSITE, LINKED SITES, SERVICES, AND/OR INFORMATION CONTAINED THEREIN; (iii) INFORMATION, STATEMENTS, OR CONDUCT POSTED OR OTHERWISE CONTAINED ON THE WEBSITE THAT IS INCORRECT OR INACCURATE; (iv) INFORMATION, STATEMENTS, OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS, DATA, NETWORK ID, OR USER ACCOUNT INFORMATION; (vi) ITS POSITION AS THE PROVIDER OF THE WEBSITE, WHICH IS NOT AS A PUBLISHER OF INFORMATION; (vii) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE; (viii) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE WEBSITE OR THE SERVICES; (ix) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE WEBSITE OR THE SERVICES; OR (x) ANY OTHER MATTER RELATING TO THIS WEBSITE, ANY LINKED SITE, OR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WUPW, LLC AND THE USER. PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. AS LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES.
Notwithstanding the foregoing, in no event shall WUPW, LLC total liability to you for any reason, damages, losses, or causes of action exceed the amount paid by you, if any, for using the Website and any of its information, products, or services.
Indemnification
Upon request by WUPW, LLC, you agree to indemnify, defend, and hold harmless WUPW, LLC from and against any and all claims, demands, causes of action, losses, expenses, damages, and costs, including without limitation any reasonable attorneys’ fees, resulting from, arising out of, or relating to your use of or conduct on the Website, any activity, information, or material that you submit to, post on, or transmit on or through the Website; any activity, information, or material related to your user account; your violation or breach of these Terms and Conditions; your infringement or breach of these Terms and Conditions; your infringement or violation of any rights of another; or termination of your access to this Website, and/or user account.
Your indemnification obligation shall survive the termination of this Agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with WUPW, LLC in connection with our defense.
No Agency
You and WUPW, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Domestic Use
WUPW, LLC controls the Website from its office in the United States. We make no representations that the Website, including without limitation, any products or services available on, from, or through the Website, are appropriate or available for use in other locations. You acknowledge and agree that you will not access the Website from any territory in which its contents are illegal. Users of the Website outside of the United States do so at their own risk and individually and entirely bear the responsibility for compliance with local laws.
Applicable Law; Jurisdiction
The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Alabama without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of Alabama and further agrees that any cause of action arising from or relating to the use of this Website or the Terms and Conditions shall be brought exclusively in federal or state courts in Alabama.
General Arbitration Policy
Pursuant to this Agreement, and with the prior agreement of WUPW, LLC, any claim, dispute, or controversy arising or concerning this Website and/or the performance or interpretation of this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted in such forum and pursuant to such rules as the parties agree upon, and failing agreement shall be conducted by one arbitrator in the state and county in which WUPW, LLC is located who is knowledgeable about wholesaling, retailing and purchasing and sale of consumer note and installment note contacts, pursuant to the commercial arbitration rules of the American Arbitration Association that are in effect on the date of the notice to arbitrate. Discovery shall be allowed in such proceeding according to the federal rules of civil procedure and the decision of the arbitrator shall contain findings of fact and conclusions of law. Any decision rendered in such an arbitration proceeding shall be final, binding and conclusive upon all parties involved as well as any award of the arbitrator. This provision shall be specifically enforced by a court of competent jurisdiction.
Waiver
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
Severability
If any term or provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason, unenforceable by a court of competent jurisdiction, that term or provision shall be construed to reflect the parties’ original intent, and the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement
The Terms and Conditions constitute the entire and only agreement between WUPW, LLC and each User of this Website and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this Website.
Changes to Terms of Use Agreement
This information was last updated on July 2, 2020. WUPW, LLC may, in its sole discretion, amend the Terms and Conditions from time to time. Please check the Terms and Conditions periodically for changes.
Termination
This Agreement and the applicability of the Terms and Conditions shall remain effective, unless and until terminated by either you or WUPW, LLC in accordance with the Terms and Conditions. You acknowledge and agree that WUPW, LLC, in its sole discretion, may terminate or suspend your user account (in whole or in part), or use of the Website and/or Services and remove and discard any content within the Website, at any time and for any reason, with or without notice. WUPW, LLC also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Website, if, in WUPW, LLC’s sole discretion, you fail to comply with any of the identified Terms and Conditions or any applicable law or are harmful to the interests of another user or WUPW, LLC. Upon any termination of the Agreement by either you or us, you agree to promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of use or otherwise. You acknowledge and agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, Sections of this Agreement that provide for continuing obligations on your part, shall survive indefinitely.
Miscellaneous
The failure of WUPW, LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of any term and shall not be considered a waiver or limit WUPW, LLC’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. The “Disclaimers,” “Limitation of Liability,” and “Indemnification” provisions of this Agreement are for the benefit of WUPW, LLC, and WUPW, LLC shall have the right to assert and enforce these provisions directly against you on its own behalf.
