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WIZELINE TERMS OF USE

This website and any other website located at www.wizeline.com (collectively,
the “Site“) are copyrighted works belonging to Wizeline, Inc. (“Wizeline“, “us“,
“our“, and “we“).

These terms of use (this “Agreement“) sets forth the legally binding terms for
your access and use of the Site. By accessing or using the Site, you have read,
understood, and agree to be bound by this Agreement and to comply with the
applicable laws and regulations of the jurisdiction from where you are accessing
this Site.  You represent and warrant that you have the right, authority, and
capacity to enter into this Agreement. If you do not agree with all of the
provisions of this Agreement, then you are expressly prohibited from using this
Site, and you must discontinue using the Site immediately. If you are using the
Site on behalf of a company, entity, or organization, you represent and warrant
that you are an authorized representative of such company, entity, or
organization with the authority to bind it to this Agreement.

License and Availability. Subject to the terms of this Agreement, Wizeline
grants you a revocable, non-transferable, non-exclusive, license to use the Site
for your own personal or business use.

Certain Restrictions. The rights granted to you in this Agreement are subject to
the following restrictions: (a) you shall not license, sell, rent, lease,
assign, distribute, transmit, host, outsource, disclose, transfer or otherwise
commercially exploit the Site or make the Site available to any third party; (b)
you shall not modify, make derivative works of, disassemble, decrypt, reserve
compile or reverse engineer any part of the Site; (c) you shall not remove,
alter or obscure any proprietary notice of the Site; and (c) you shall not
access the Site in order to build a similar or competitive service. Any future
release, update, or other addition to functionality of the Site shall be subject
to the terms of this Agreement. All copyright and other proprietary notices on
any Site content must be retained on all copies thereof.

Modification. Wizeline reserves the right, at any time, to modify, suspend, or
discontinue the Site or any part thereof with or without notice. You agree that
Wizeline will not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site or any part thereof. 

Ownership. You acknowledge that all intellectual property rights, including
copyrights, patents, trade marks, and trade secrets, in the Site are owned by
Wizeline or its licensors. The provision of the Site does not transfer to you or
any third party rights, title or interest in or to such intellectual property
rights. Wizeline and its suppliers reserve all rights not granted in this
Agreement.

Data Use and Security. Wizeline may use and share any data it collects in
connection with the Site in accordance with its Privacy Notice.  Wizeline has
implemented and will maintain commercially reasonable security measures designed
to protect any data Wizeline processes from unauthorized access, use,
alteration, storage, destruction, or disclosure.

 


ACCEPTABLE USE POLICY

The following sets forth Wizeline’s “Acceptable Use Policy”:

You agree not to use the Site to collect, upload, transmit, display, or
distribute anything(a) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; (b) that is
tortious or invasive of another’s privacy; or (c) in violation of any law,
regulation, or obligations or restrictions imposed by any third party (including
privacy and export control laws and regulations).

In addition, you agree not to use the Site to: (i) upload, transmit, or
distribute viruses or any other software intended to damage or alter a computer
system or data; (ii) send unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (iii) harvest, collect, gather or
assemble information or data regarding other users, including e-mail addresses,
without their consent; (iv) interfere with, disrupt, or create an undue burden
on servers or networks connected to the Site; (v) attempt to gain unauthorized
access to the Site, other computer systems or networks connected to or used
together with the Site, through password mining or other means; (vi) harass or
interfere with another user’s use and enjoyment of the Site; or (vii) introduce
software or automated agents or scripts to the Site so as to produce multiple
accounts, generate automated searches, requests and queries, or to strip,
scrape, or mine data from the Site; (viii) systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from
us, (ix) disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Site, (x) use the Site in a manner inconsistent with any applicable laws or
regulations.

Indemnity. You agree to indemnify and hold Wizeline (and its officers,
employees, and agents) harmless, including costs and attorneys’ fees, from any
claim or demand made by any third party due to or arising out of (i) your use of
the Site, (ii) your violation of this Agreement; or (iii) your violation of
applicable laws or regulations. Wizeline reserves the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us and you agree to cooperate with our defense of these
claims. You agree not to settle any matter without the prior written consent of
Wizeline. Wizeline will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it.





THIRD PARTY SITES; OTHER USERS

Third Party Sites. The Site might contain links to third party sites and
services for third parties (collectively, “Third Party Sites“). Such Third Party
Sites are not under the control of Wizeline and Wizeline is not responsible for
any Third Party Sites. Wizeline does not review, approve, monitor, endorse, or
make any representations with respect to Third Party Sites. You use Third Party
Sites at your own risk. The applicable third party’s terms and policies apply to
your use of such Third Party Site, including their privacy and data protection
terms.

Release. You hereby release and forever discharge us (and our officers,
employees, agents, successors, and assigns) from, and hereby waive and
relinquish, each and every past, present and future dispute, claim, controversy,
demand, right, obligation, liability, action and cause of action of every kind
and nature (including personal injuries, death, and property damage), that has
arisen or arises directly or indirectly out of, or relates directly or
indirectly to, any interactions with, or act or omission of, other Site users or
Third Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA
CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR.”

Disclaimers. THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (A)
WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF HARMFUL
CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability. IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE
ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, WILL AT ALL TIMES BE
LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID
WIZELINE IN THE PRIOR 6 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM
WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Term and Termination. Subject to this section, this Agreement will remain in
full force and effect while you use the Site. We may (a) suspend your rights to
use the Site or (b) terminate this Agreement, at any time for any reason at our
sole discretion, including for any use of the Site in violation of this
Agreement. Upon termination of this Agreement, your account and right to access
and use the Site will terminate immediately. Even after termination, this
section and the sections having the following titles will remain in effect:
“Certain Restrictions”, “Modification”, “Ownership”, “License”, “”Feedback”,
“Acceptable Use Policy”, “Indemnity”, “Third Party Sites”, “Other Users”,
“Release”, “Disclaimers”, “Limitation on Liability”, “Copyright Policy”,
“Changes to Terms of Use”, “Choice of Law”, “Entire Agreement” ,
“Copyright/Trademark Information” and “Co-Marketing & Logo Use” .

Copyright Policy. In connection with our Site, we have adopted and implemented a
policy respecting copyright law that provides for the removal of any infringing
materials and for the termination, in appropriate circumstances, of users of our
online Site who are repeat infringers of intellectual property rights, including
copyrights. If you believe that one of our users is, through the use of our
Site, unlawfully infringing the copyright(s) in a work, and wish to have the
allegedly infringing material removed, the following information in the form of
a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to
Wizeline Legal: (1) your physical or electronic signature; (2) identification of
the copyrighted work(s) that you claim to have been infringed; (3)
identification of the material on our services that you claim is infringing and
that you request us to remove; (4) sufficient information to permit us to locate
such material; (5) your address, telephone number, and e-mail address; (6) a
statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and (7) a statement that the information in the notification is accurate, and
under penalty of perjury, that you are either the owner of the copyright that
has allegedly been infringed or that you are authorized to act on behalf of the
copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact (falsities) in a written notification
automatically subjects the complaining party to liability for any damages, costs
and attorney’s fees incurred by us in connection with the written notification
and allegation of copyright infringement.

 


GENERAL

Changes to Terms of Use. This Agreement is subject to occasional revision, and
if we make any substantial changes, we may notify you by sending you an e-mail
to the last e-mail address you provided to us (if any) and/or by prominently
posting notice of the changes on our Site. Any changes to this agreement will be
effective upon the earlier of thirty (30) calendar days following our dispatch
of an e-mail notice to you (if applicable) or thirty (30) calendar days
following our posting of notice of the changes on our Site. These changes will
be effective immediately for new users of our Site. You are responsible for
providing us with your most current e-mail address. In the event that the last
e-mail address that you have provided us is not valid, or for any reason is not
capable of delivering to you the notice described above, our dispatch of the
e-mail containing such notice will nonetheless constitute effective notice of
the changes described in the notice. Continued use of our Site following notice
of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.

Choice of Law. The Agreement is made under and shall be governed by and
construed in accordance with the laws of the State of California, without giving
effect to any principles that provide for the application of the law of another
jurisdiction. You hereby expressly consent to the personal jurisdiction and
venue in the state and federal courts for Santa Clara County for any lawsuit
filed arising from or related to this Agreement. The United Nations Convention
on Contracts for the International Sale of Goods does not apply to this
Agreement.

Entire Agreement. This Agreement constitutes the entire agreement between you
and us regarding the use of the Site. Our failure to exercise or enforce any
right or provision of this Agreement shall not operate as a waiver of such right
or provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. The word including means including without
limitation. If any provision of this Agreement is, for any reason, held to be
invalid or unenforceable, the other provisions of this Agreement will be
unimpaired and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by law. Your
relationship to Wizeline is that of an independent contractor, and neither party
is an agent or partner of the other. This Agreement, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Wizeline’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing
will be null and void. The terms of this Agreement shall be binding upon
assignees.

Copyright/Trademark Information. Copyright © 2021, Wizeline, Inc. All rights
reserved. All trademarks, logos and service marks (“Marks“) displayed on the
Site are our property or the property of other third parties. You are not
permitted to use these Marks without our prior written consent or the consent of
such third party which may own the Marks.

 


CO-MARKETING & LOGO USE

Customer grants Wizeline the right to use Customer’s name, mark and logo on
Wizeline’s website, in Wizeline marketing materials, and any other material used
to identify Customer as a Wizeline Customer.

Contact Information:
Wizeline, Inc.
Address:201 Mission St, Suite 1200, San Francisco, CA 941051, United States.
Telephone: 888-386-9493 
Email: contact@wizeline.com

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