Terms of service.
The Website and its Content is owned by Compensation Ally LLC trading as Wageher (“Wageher”, “Company”, “we”, or “us”). The term “you” refers to the user or member of www.wageher.co (“Website”).
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.
WEBSITE USE AND CONSENT
Please read the terms of use agreement (the "agreement") carefully. By accessing or using any website, mobile site, mobile application, social media channel (e.g., Facebook, Instagram, Twitter, TikTok or Pinterest), or other digital platform owned and/or operated by Compensation Ally LLC (“Wageher” or "us" or "we" or "our"), its affiliates or agents (collectively, the "website") in any way, including using the services and resources available or enabled via the website by us, completing the registration process, making a purchase, or merely browsing the website, you represent that (1) you have read, understand, and agree to be bound by these Terms of Use for website (“Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Agreement. If you do not agree to be bound by the Terms, you may not access or use the website.
Some website details or content may be offered on a subscription basis. If you subscribe to such services for an initial term, then the subscription will be automatically renewed for additional periods and for the fees disclosed to you at the time of subscription unless you cancel your subscription before the renewal date. You may cancel your subscription at any time after the agreed upon subscription term has been fulfilled by emailing us at hello@wageher.co.
These Terms include a provision that generally requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. Please see the Arbitration Agreement section below for information.
Some website services may be subject to additional terms ("Supplemental Terms"). Such Supplemental Terms will be presented to you for your acceptance before your use of the supplemental services. The Supplemental Terms shall be governed by the Terms. If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the supplemental service.
Please note that these Terms are subject to change by us at our sole discretion at any time. When changes are made, we will make a new copy of the Terms available on our website. We will also update the "Last Updated" date at the top of the Terms. We may provide additional notice via posting on other website services or via communications with you. Any changes to the Terms will be effective immediately for new users of the website and will be effective thirty (30) days after we post the updated Terms on our website for existing users. We may require you to provide consent to the updated Terms before further use of the website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the website. Otherwise, your continued use of the website constitutes your acceptance of such change(s). Please regularly check the website to view the then-current Terms.
OUR USE OF CONTENT
We grant you a limited license to access and use content or the website for your personal use, and to copy, distribute and transmit the content of the website only to the extent that such copying, distribution and transmission is automatically and incidentally done through the software or hardware you use to access or use the website for your personal use.
The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is expressly prohibited.
You shall not:
(a) license, sell, share, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the website or its content;
(b) frame or utilize framing techniques to enclose any of our trademarks, logos, or other intellectual property (including images, text, page layout or form);
(c) use any metatags or other "hidden text" using our name or trademarks;
(d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the website except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any part of the content or website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(f) except as expressly stated herein or as permitted under Supplemental Terms, copy, reproduce, modify, delete, alter, distribute, republish, download, display, post or transmit in any form or by any means any part of the website;
(g) remove or destroy any copyright notices or other proprietary markings contained on or in content or the website;
(h) use the website for any illegal purpose;
(i) provide or post any material or information in violation of any applicable law or regulation;
(j) provide or post information that is defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive;
(k) impersonate any other person while using the content or website;
(l) interfere or tamper with the functioning of the content or website, or attempt to gain access to information or control of content or the website not specifically granted to you by us;
(m) attempt to upload viruses or other malicious code to content or the website;
(n) compile any database or list of other website visitors, or use the website to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services; or
(o) access or attempt to access any restricted portion of the website unless you have specifically been granted access by us.
Any future release, update or other addition to the website shall be subject to these Terms. We, our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the website terminates the licenses granted by us pursuant to these Terms.
ACCOUNTS
To use certain features of the website, we may require that you create a password-protected account. You are responsible for keeping your username and password confidential and secure. You are responsible for all activities conducted using your username and password. You shall immediately notify us of any unauthorized use of your username or password or identification or any other breach or threatened breach of the security of the website.
In order to access or use certain features of the website, you may be required to link your Wageher account with a social networking service or other third party account, such as Facebook ("SNS" and each such account, a "Third-Party Account").You represent that you have the right to grant us access to any Third-Party Account that you link with your Wagher account (including, but not limited to, for use for the purposes described herein or in Supplemental Terms) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers. By granting us access to any Third-Party Accounts, we may access, make available and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the website ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the website via your account. We may also permit you to share Content obtained or accessed through the website with such Third-Party Account. You have the ability to disable the connection between your account and your Third-Party Accounts at any time by accessing the "Settings" section of the website.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY PROVIDERS, AND WE WILL HAVE NO LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY SUCH THIRD-PARTY PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non infringement, and we are not responsible for any SNS Content.
YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING YOUR USERNAME AND PASSWORD, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSACTIONS, AND TRANSMISSIONS CONDUCTED AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
PURCHASES, RENEWAL AND CANCELLATION
Currently, we only ship to addresses within the United States.
To the extent permitted by applicable law, fees for the website or subscription services are non-refundable. So if you cancel your subscription, we will provide access to the website for the remainder of the subscription period, but we will not refund you any amounts for shipments or services not received as of the date of cancellation.
After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period (each a "Renewal Commencement Date") and continue for the remainder of the subscription period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into your account to manage your subscription or by emailing us at hello@wageher.co.
By subscribing, you authorize us to charge your payment method as disclosed in the subscription terms. If you cancel your subscription, your subscription will terminate. You agree that we may either terminate or suspend your subscription for any reason at any time at our sole discretion.
BILLING AND PAYMENTS
You may be charged local tax for your purchases, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Wageher and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information. If you have any issues, please contact hello@wageher.co.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Refunds are not permitted.
PRODUCT REVIEWS
The website may allow users to post reviews, ratings and comments about products, services, or Wageher (collectively, "Reviews"). You are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by Wageher and do not represent the views of Wageher. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. That means that you, and not Wageher, are solely responsible and liable for any Reviews that you post, including the content contained therein. By posting a Review, you grant Wageher a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the content contained in your Review throughout the world in any media, now known or hereafter devised; (b) make the Review available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the website and to make your Review shared on the website available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (d) use the name and/or trademark that you submit in connection with such Review of yours. You acknowledge that Wageher may choose to provide attribution of your Review at our discretion. You further grant Wageher the right to pursue at law any person or entity that violates your or Wageher’s rights in your Review by a breach of this Agreement. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Wageher to publish and otherwise use) your Review as authorized herein.
Wageher reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, You acknowledge that Wageher is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Wageher does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to Reviews posted through the website, you agree: (i) to base any review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a Review in exchange for payment or other benefits from any individual or entity; and (iii) your Review will comply with the terms set forth herein. If Wageher determines, in our sole discretion, that any Review could diminish the integrity of the website, we may exclude such Review without notice. Further, Wageher may remove any Reviews in the event it determines, in its sole discretion, that a Review:
Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE) and/or the NASDAQ;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Constitutes mass mailings or "spamming", "junk mail", "chain letters", “network marketing” or "pyramid schemes";
Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Wageher;
Includes private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
Is unrelated to the topic of the Reviews or products in which such Review is posted; or
(i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the website, or (iii) may expose Wageher or its users to any harm or liability of any type.
DISCLAIMERS
YOUR USE OF THE website IS AT YOUR OWN RISK. YOU ASSUME THE RISK OF ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES. WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE website WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE website, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE website.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE website AND THE PRODUCTS OFFERED VIA THE website ARE PROVIDED ON AN "AS IS” AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE website OR THE SERVERS OR OTHER ASSETS THAT SUPPORT THE DIGITAL SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE website IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE website IS TO REFRAIN FROM USING THE website.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE website, INCLUDING IN CONNECTION WITH THE PRODUCTS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE website, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE website, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE website; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE website; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THEwebsite; OR (5) ANY OTHER MATTER RELATED TO THE website, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE website IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE EQUIVALENT OF ONE MONTH OF website SERVICES.
COPYRIGHT
The technology underlying the website and the entire contents of the website including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Compensation Ally LLC or other parties, and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Compensation Ally LLC 2023. Wageher. All rights reserved.
TRADEMARKS
All trademarks, service marks and trade names of Wageher on the website, including Wageher mark, are trademarks of Compensation Ally LLC or their respective owners.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Compensation Ally LLC, its affiliates, their successors and assigns, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms , or any activity related to use of the website (including negligent or wrongful conduct) by you or any other person accessing the website using your username and password, or your ability or inability to use the website, including any products purchased thereon.
PRIVACY
By accepting the Terms and submitting your personal information on the website, you understand and agree that we may use, collect and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into the Terms.
THIRD-PARTY LINKS AND SITES
The website may link to other services operated by third parties. We have no control over these linked services. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party services. These linked services are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party service and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party service. You should contact the administrator for the applicable third party service if you have any concerns regarding such links or the content located on any such third party service.
FEEDBACK
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ( "Feedback" ) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the website.
ELECTRONIC COMMUNICATIONS
When you use the website, you can enter into agreements and make purchases electronically. You agree to the use of electronic records and signatures in association with the website. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into on the website or, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications. If you do not wish to use electronic records and signatures, do not use the website. You may have a legal right to receive certain information from us in writing. You agree that we may use e-mail and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active e-mail account, and you must have an Internet-connected device that is capable of receiving HTML e-mails and a method of storing or printing those e-mails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for us to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain e-mails.
MISCELLANEOUS
Your use of the website shall be governed in all respects by the laws of the state of Arizona, USA, without regard to choice of law provisions.
You agree that Wageher in its sole discretion may terminate your account (or any part thereof) or use of the website at any time and for any reason.You agree that any such actions may be effective without prior notice to you.
Wageher may discontinue all or part of the website at any time, in our sole discretion. We may block or limit your access to the website, with or without notice to you, and without liability to you, if we determine that: (a) you have violated these Terms; (b) that you have violated any applicable law or regulation relating to your use of the website; (c) you engage in any conduct which Wageher, in its sole discretion, believes is offensive, harmful, defamatory, or otherwise harmful to Wageher or others.To ensure that we provide a high-quality experience for you and for other users of the website, you agree that we and/or our representatives may access and/or review information provided when you comment on the website on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the website.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, , pandemics, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, labor or materials.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of The Terms is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The website may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the website unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the website unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send to Wageher a written notice by mail, e-mail or fax, requesting that CAN remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Wageher a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
ARBITRATION AGREEMENT
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the website, to any products sold or distributed through the website, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH Compensation Ally LLC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST US ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. To begin an arbitration proceeding, you must send a letter to us requesting arbitration and describing your claim at the address listed below. You may choose to have the arbitration conducted by telephone, based on written submissions, in Scottsdale, AZ ,or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Compensation Ally LLC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in 1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Federal or state courts of Scottsdale, AZ.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: hello@wageher.co , within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
Contact Us. If you have any questions or concerns about the website or the Terms, please contact us
By email: hello@wageher.co
FEES AND CHARGES
Mandatory Credit or Debit Card Billing: All members shall provide Wageher with one credit or debit card to which the member authorizes Wageher to charge fees and charges, and the member shall substitute such credit or debit card with another credit or debit card when it expires or is no longer valid. In addition to charging the periodic website fee to the card. Members shall receive e-receipts of their charges.
Unpaid Balances: All members agree to promptly pay directly to Wageher any amounts not paid by the credit or debit card company upon written notice from Wageher to the member. If any such charges are not paid within 5 (five) business days after written notice from Wageher, a service charge of one and one and one half percent (1.5%) per month (but not to exceed the maximum amount permitted by law) shall begin to accrue from the date of the written notice until payment is made in full. Failure to pay the website fee within 5 (five) business days after written notice by Wageher will result in suspension or termination of website privileges including charging privileges until such time the debt is settled, but interest will continue to accrue during the period of suspension or following termination until the overdue balance is paid.
TERMS OF USE FOR WAGEHER’S WEBSITE, MOBILE SITE AND SOCIAL MEDIA PLATFORMS
Acceptance and Modification: Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Wageher which includes Wageher’s affiliated companies, now or in the future (collectively and individually, the “Site”) are governed by these Terms and Conditions. By accessing, browsing and/or using the Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site. It is each member’s responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.
Use of the Site: You may access, copy, download or print the content of the Site solely for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary rights notice contained in any information or other material you access, copy, download or print. Any other use of content on the Site, including but not limited to the reproduction, modification, distribution, transmission, or broadcast of the content of the Site, in whole or in part and by any means, is strictly prohibited. Wageher or its licensors or content providers retain full and complete title to the content provided on the site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Wageher’s sole discretion. Wageher neither warrants nor represents that your use of any content displayed on the Site will not infringe rights of third parties. You acknowledge that you do not acquire any ownership rights by accessing, copying, downloading or printing any content made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of such content shall not infringe any rights of any third parties.
Username/Password: In the event the Site is ever structured such that you are able to create an account on the Site, you may be required to be at least eighteen (18) years old and create a username and password. In such an event, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you may agree to receive communications and promotional materials from Wageher and its affiliated entities.
Information Deemed Non-Confidential: You acknowledge that you are responsible for any material you may submit via the Site or otherwise through the internet to Wageher, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to Wageher through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Wageher and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Wageher is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to Wageher. You grant Wageher and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via the Site will be handled in accordance with the Site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Wageher for all claims resulting from content you supply.
If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Wageher under any fiduciary or other obligation.
Code of Conduct: You agree to follow the conduct rules for the Site listed below:
You will not use the Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
Site Access: Wageher may discontinue all or part of the Site at any time, in our sole discretion. Wageher may block or limit your access to the Site, with or without notice to you, and without liability to you, if: (a) you violate these Terms and Conditions; (b) you violate any applicable law or regulation relating to your use of the Site; (c) you engage in any conduct which Wageher, in its sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Wageher or others. To ensure that we provide a high-quality experience for you and for other users of the Site, you agree that we and/or our representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.
Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
Minors and Children: The Site may not be suitable for minors. Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using the Site unsupervised, and/or by registering for an account, you warrant that you are 18 years of age or older.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Links: As a service to our visitors, our Site may contain hypertext links leading to other websites that are not operated or controlled by Wageher. However, even if such third parties are affiliated with Wageher, Wageher has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Wageher. Wageher is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.
Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME THE RISK OF AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SITE. WITHOUT PREJUDICE TO THE WAIVER OF LIABILITY; DAMAGES SECTION BELOW, ANY AND ALL MATERIAL, INFORMATION AND ALL OTHER CONTENT ON THE SITE ARE FURNISHED TO YOU “AS IS” AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Wageher EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT.
Wageher DOES NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, MEET YOUR REQUIREMENTS OR WILL NOT BE INTERRUPTED, TIMELY, SECURE OR FREE OF ERROR. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SITE IS TO REFRAIN FROM USING THE SITE.
SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Any advice or information, be it oral or written, obtained from Wageher or during the use of services made available on the Site, shall not give rise to any guarantees which are not expressly provided for in these Terms and Conditions.
Termination: You agree that Wageher in its sole discretion may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. In such an event and with respect to any use of the Site on a mobile device, you must immediately remove the Site from your mobile device, including all component parts. You agree that any actions taken under this Section may be effective without prior notice to you.
Claims of Copyright Infringement: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Wageher a written notice by mail, e-mail or fax, requesting that Wageher remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Wageher a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
WAIVER OF LIABILITY; DAMAGES
By acceptance of T&C, each member acknowledges that the use of Wageher and any privilege or service incident to use the website is undertaken with knowledge of risk of possible injury or death. Members accept any and all risk of injury or death to the member and member’s guests sustained while using Wageher or while involved in any event or activity incident to the website in Wageher. By acceptance of website, each member agrees to release and hold Wageher, any manager of Wageher, their affiliates, their successors and assigns and their respective directors, officers, partners, members, shareholders, employees, representatives and agents and the members of any advisory committee (collectively, the "Released Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by the member and member’s guests resulting from the use of Wageher or the Site arising out of or incident to website in Wageher and/or from any act or omission of any of the Released Parties, unless caused by the gross negligence or willful misconduct of any of the Released Parties as determined by a final judicial finding or order. The member shall have, owe and perform the same obligation to the Released Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member of the member.
Neither Wageher nor any member may assert any claim against the other party on any theory of liability for special, indirect, consequential or punitive damages.
ACKNOWLEDGMENT OF RECEIPT
I hereby acknowledge receipt of these Terms and Conditions. I have read and understand and agree to be bound by the terms and conditions thereof as the same may be amended from time to time by Wageher. I further acknowledge that in order to acquire website privileges in Wageher, I must submit electronically or deliver to Wageher a fully completed and signed website Agreement, along with a Credit Card Authorization.
AMENDMENTS TO THE RULES OF Wageher
Wageher reserves the right, at our discretion, to change modify, add or remove portions of the these Terms and Conditions at any time. Wageher may change these Terms and Conditions and other rules of Wageher by displaying notification of such change on the Site or otherwise by notifying members.
NON-DISCRIMINATION
Wageher shall not discriminate against any member or participant in website content, training, and all offerings detailed on the website under this agreement because of race, color, religion, gender, age, marital status, disability, political or religious beliefs, national or ethnic origin.