Wwdial Application Terms and Conditions of Use ("Terms")
Last updated: January 31, 2019
Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the Wwdial mobile application (the "Service") operated by Wwdial, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your
Rights We Grant You
The Service is the property of us. We grant you a limited, non-exclusive, revocable license to make use of the Service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the "License"). This License shall remain in effect until and unless terminated by you or us. You promise and agree that you are using the Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.
The Service and the Content are licensed, not sold, to you, and we retain ownership of all copies of the Service and Content even after installation on your personal device or devices ("Device" or "Devices").
All our trademarks, service marks, trade names, logos, domain names, and any other features of the Wwdial brand ("Wwdial Brand Features") are the sole property of us. The Terms and Conditions do not grant you any rights to use any Wwdial Brand Features whether for commercial or non-commercial use.
You agree not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms and Conditions. Except for the rights expressly granted to you in these Agreements, we grant no right, title, or interest to you in the Service or Content.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
We haves no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available to you may contain advertising as part of the Content. In such cases, we will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to us in connection with the Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you.
You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Terms and Conditions plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your user content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any "moral rights" (or the equivalent under applicable law) such as your right to be identified as the author of any user content, including Feedback, and your right to object to derogatory treatment of such user content.
Occasionally we may, in our discretion, make changes to these Terms and Conditions. When we make material changes to the Terms and Conditions, we'll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Terms and Conditions, you may terminate your obligation under the Terms and Conditions by uninstalling the Service from your device.
Service Limitations and Modifications
We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. We may, from time to time, remove any content without notice to the extent permitted by applicable law.
Warranty and Disclaimer
We endeavor to provide the best service we can, but you understand and agree that the service is provided "as is" and "as available", without express or implied warranty or condition of any kind. You use the service at your own risk. To the fullest extent permitted by applicable law, we make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service is free of malware or other harmful components. In addition, we make no representation nor warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that we are not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
This does not affect your statutory rights as a consumer.
Limitation and Time for Filing
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the service is to uninstall any software and to stop using the service.
To the fullest extent permitted by law, in no event will we, our officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the service, third party applications, or third party application content, regardless of legal theory, without regard to whether we have been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the service, third party applications, or third party application content more than the amounts paid by you to us during the prior twelve months in question, to the extent permissible by applicable law.
Nothing in the Agreements removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
To the fullest extent permitted by applicable law, you agree that any claim against us must be commenced (by filing a demand for arbitration under section or filing an individual action under section within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
Choice of law, mandatory arbitration and venue
Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of North Carolina, United States of America, without regard to choice or conflicts of law principles.
Further, you and agree to the jurisdiction of the Middle District of North Carolina to resolve any dispute, claim, or controversy that relates to or arises in connection with the Terms and Conditions (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under the subsequent.
We do not accept any codes of conduct as mandatory in connection with the services provided under this agreement.
This Arbitration Agreement applies only to users in the United States.
Dispute resolution and arbitration
You and we agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Agreements or to your relationship with us as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms and Conditions) will be determined by mandatory binding individual (not class) arbitration. You and we further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms and Conditions.
Notwithstanding the clause above (24.2.1), you and we both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class Or Representative Proceedings: Class Action Waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any arbitration between you and us will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") then in force (the "AAA Rules"), as modified by this Arbitration Agreement. You and we agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. We will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). 's address for Notice is: USA Inc., Attn: General Counsel, 45 W. 18th Street, 7th Floor, New York, New York 10011, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of 's last written settlement offer, then will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
If you have any questions about these Terms, please contact us by e-mail at info@Wwdial.net or by mail using the details provided below:
[ATTN: Compliance Officer]
Wwdial, 130 Stanley Farm Rd, Kernersville NC 27284, United States