Welcome to this site www.thewisp.com and related sites where this Terms of Service is posted (the “Sites”). This Terms of Service (this “ToS”) describes the terms and conditions applicable to your access and use of the Wisp Industries Inc. Sites and the services provided through the Wisp Industries Sites (collectively, the “Service”). Amendments may be made to this ToS at any time by posting the amended Terms of Service on the Wisp Industries Sites and you agree that you will be bound by any changes to this ToS. Changes may be made to the Wisp Industries Sites at any time. You understand that your use of the Wisp Industries Sites may be discontinued for any reason or no reason, with or without notice.
YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE. YOUR USE OF THE WISP INDUSTRIES SITES SIGNIFIES THAT YOU AGREE TO THIS TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOS, INCLUDING ANY MODIFICATIONS THAT THEWISP.COM MAKES FROM TIME TO TIME. THE TERMS TO WHICH YOU ARE CONSENTING CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER. BY AGREEING TO PURCHASE THE PRODUCT (OR, IF APPLICABLE, BY KEEPING THE PRODUCT BEYOND THE STATED TRIAL PERIOD WITHOUT RETURNING IT) YOU FORFEIT CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING OR BE PART OF A CLASS-ACTION CASE.
2. ToS Updates. Thewisp.com will revise this ToS as www.thewisp.com evolves. The next time you use www.thewisp.com after such an update, you may be prompted to agree to or decline the revised ToS. You must agree to all revisions if you choose to continue using www.thewisp.com. By using www.thewisp.com, you agree to the then-current version of this ToS as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToS, you must immediately stop using www.thewisp.com
3. Termination of Service. Wisp Industries reserves the right to deny service to any user at www.thewisp.com sole and absolute discretion. The Service is offered with the understanding that www.thewisp.com may terminate the Service at any time, for any reason or no reason, including without limitation for any violation of the ToS. Thewisp.com may stop offering and/or supporting the Sites and/or Service at any time.
4. Restrictions and Conditions of Use.
4.1. Use of Sites and Service. Thewisp.com permits you to view and use a single copy of www.thewisp.com for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from www.thewisp.com
4.2. No Violation of Laws. You agree that you will not, in connection with your use of www.thewisp.com or your purchase of any products or services through any of the foregoing, violate any applicable law, rule or regulation. Without limiting the foregoing, you agree that you will not make available through www.thewisp.com any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
4.3. Misuse of Sites and/or Service. You may not connect to or use www.thewisp.com in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon www.thewisp.com or otherwise attempt to disrupt www.thewisp.com or any other person’s use of www.thewisp.com; or (b) attempt to gain unauthorized access to the Sites, Service, Accounts registered to other users, or the computer systems or networks connected to www.thewisp.com. Furthermore, you may not use www.thewisp.com to develop, generate, transmit, publish, display or store any information or content that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of www.thewisp.com, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
4.4. No Commercial Uses. You agree that you will not use www.thewisp.com for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of www.thewisp.com
4.5. No Data Mining or Harmful Code. You agree that you will not (i) obtain or attempt to obtain any information from www.thewisp.com, including without limitation information about other users, using any method not expressly permitted by www.thewisp.com ; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble www.thewisp.com.
5. Ownership. As between you and www.thewisp.com and/or its licensors, Thewisp.com and/or its licensors own the www.thewisp.com. You agree that you will not create any work of authorship or create any derivative works based on the www.thewisp.com. Any reproduction or redistribution of the Sites or use of the Service not in accordance with this ToS is expressly prohibited by law, and may result in severe civil and criminal penalties.
6. Intellectual Property.
6.1. Copyright. The Sites are protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of www.thewisp.com or individual sections of the content, design or layout of www.thewisp.com without The Site’s express prior written permission.
7. Location. The Sites and the Service are operated in the United States. Those who choose to access www.thewisp.com, from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
8. Children. Thewisp.com sites are not directed toward children less than 13 years of age nor does www.thewisp.com knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to www.thewisp.com
9. DISCLAIMER OF WARRANTIES THEWISP.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SITE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THEWISP.COM OR THAT RESULTS YOU EXPERIENCE FROM THE PRODUCTS SOLD THROUGH THEWISP.COM WILL BE THE SAME AS THOSE DESCRIBED ON THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THEWISP.COM IS AT YOUR SOLE RISK. THE SITE DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THEWISP.COM, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THEWISP.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
10. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES, AND PRODUCTS SOLD THROUGH THEWISP.COM, EVEN IF THEWISP.COM AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF THE SITE OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of The Site and its affiliates shall be limited to the fullest extent permitted by law.
11. Indemnification. You agree to indemnify, defend and hold www.thewisp.com and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this ToS or any other policies that www.thewisp.com may issue for www.thewisp.com from time to time.
12.1. ToS Revisions. This ToS may only be revised in a writing signed by The Site, or published by www.thewisp.com on www.thewisp.com
12.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.thewisp.com as a result of this ToS or your use of the Service.
12.3. Assignment. The Site may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without www.thewisp.com prior written consent, and any unauthorized assignment by you shall be null and void.
12.4. Severability. If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
12.5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
12.6. No Waiver. Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
12.7. Equitable Remedies. You hereby agree that The Site would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
12.8. Entire Agreement. This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to www.thewisp.com and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to www.thewisp.com.