TERMS OF USE
Last Modified: January 13, 2026
IMPORTANT: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE. THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER, JURY TRIAL WAIVER, LIMITATIONS ON WPROMOTE’S LIABILITY, AND GENERALLY OUTLINE YOUR LEGAL RIGHTS REGARDING THE SITE.
By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
Acceptance of Terms of Use. These terms of use are entered into by and between you and Wpromote, LLC (“Wpromote,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.wpromote.com and any website that is accessible from wpromote.com, including any content, functionality, and services offered on or through the above (the “Site”).
When we refer to “you” or “your,” we mean the person who is visiting and using the Sites. If you are accessing the Sites on behalf of or for the purposes of another person, business, or other organization, “you” or “your” also incorporates that other person, business, or other organization if applicable.
The Site is not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Site. If you use the Site, you affirm that you are at least 18 years old.
Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction or Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.
DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN A CLASS ACTION.
You and Wpromote agree that most disputes that arise between you and us, and which cannot be resolved informally, shall be resolved with limited exceptions as set forth below. This section includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms of Use and your relationship with Wpromote.
For the purposes of these Terms of Use, any problem, claim, or dispute (a “Dispute”) shall be interpreted broadly and shall include any dispute, claim, or controversy between you and Wpromote, its affiliates, and subsidiaries arising out of or relating to these Terms of Use, your access to or use of the Site, your use of any products or services sold or provided through the Site, or your relationship with us whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. These Terms of Use do not prevent you from bringing a Dispute to the attention of a government agency.
It is our goal that we meet your expectations but there may be instances when you have a Dispute; in such instances, we are committed to working with you to reach a reasonable resolution that satisfies you and we can only do this if we know about and understand your issue. For any Dispute you may have with or against us, you acknowledge and agree that you will first give us an opportunity to informally resolve your Dispute as set forth below in this section. We agree that we will do the same as to any Dispute that we might have with you.
Before filing any lawsuit or proceeding in accordance with the provisions set forth in these Terms of Use, if either you or us has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with us, you agree to provide us with the Notice by sending the Notice to us at the address listed below, and if we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. Any Notice that you submit must be signed by you and any Notice that we submit must be signed by a Wpromote representative. If you want us to speak with your representative, please also provide us with a signed authorization to do so.
During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized virtual and/or telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with legal counsel if represented) if Wpromote makes such a request and we agree to have a representative from Wpromote personally attend any such conference (along with legal counsel if represented) if you make such a request. Wpromote and you agree to negotiate in good faith to resolve any Dispute; this should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, we and you agree to the further dispute resolution provisions listed below.
Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any lawsuit or legal action. Any applicable limitations period (including statutes of limitations) will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to any lawsuit. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then the informal dispute resolution requirement shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process. You or we may commence litigation if the Dispute is not resolved through this process.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WPROMOTE EACH AGREE THAT ANY PROCEEDING, WHETHER IN COURT OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WPROMOTE SHALL SEEK TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION AGAINST THE OTHER.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WPROMOTE EACH EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THESE TERMS OR THE SUBJECT MATTER HEREOF.
Limitation on Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Accessing the Site and Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. You are responsible for both:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wpromote, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for you to use the Site for the purposes permitted under these Terms of Use.
Wpromote®, Polaris IQ™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Wpromote or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wpromote, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wpromote. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Site; Links from the Site. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions. The owner of the Site is based in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WPROMOTE NOR ANY PERSON ASSOCIATED WITH WPROMOTE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WPROMOTE NOR ANYONE ASSOCIATED WITH WPROMOTE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WPROMOTE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUR, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WPROMOTE AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100 (USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless Wpromote, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Except as expressly provided in the Dispute Resolution section of these Terms of Use, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability. No waiver by Wpromote of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wpromote to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Accessibility. Wpromote works to make the Site accessible to all individuals including those with disabilities. If you are having difficulty accessing our Site, please contact us using the contact information described at the end of these Terms. We will work to provide our products and services to you through alternative means.
Assignment. Wpromote may assign these Terms of Use and any of its rights under the Terms of Use, in whole or in part, and delegate any of its obligations under the Terms of Use. You may not assign these Terms of Use, in whole or in part nor transfer or sub-license your rights under these Terms of Use to any third party; any attempt by you to do so is void.
Entire Agreement. The Terms of Use constitute the sole and entire agreement between you and Wpromote regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Wpromote may assign these Terms of Use and any of its rights under the Terms of Use, in whole or in part, and delegate any of its obligations under the Terms of Use. You may not assign these Terms of Use, in whole or in part nor transfer or sub-license your rights under these Terms of Use to any third party; any attempt by you to do so is void.
Your Comments and Concerns. If you have feedback, comments, requests for technical support, and other communications relating to the Site, please contact us:
| Email: | response@wpromote.com |
| Phone: | 866.977.6668 |
| Mail: | Wpromote, LLC 101 Continental Blvd., Suite 150 El Segundo, CA 90245 |
Last Modified: January 13, 2026
IMPORTANT: PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE. THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER, JURY TRIAL WAIVER, LIMITATIONS ON WPROMOTE’S LIABILITY, AND GENERALLY OUTLINE YOUR LEGAL RIGHTS REGARDING THE SITE.
By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
Acceptance of Terms of Use. These terms of use are entered into by and between you and Wpromote, LLC (“Wpromote,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.wpromote.com, https://polarisiq.wpromote.com/, and ______________, including any content, functionality, and services offered on or through the above (collectively, the “Site”).
When we refer to “you” or “your,” we mean the person who is visiting and using the Sites. If you are accessing the Sites on behalf of or for the purposes of another person, business, or other organization, “you” or “your” also incorporates that other person, business, or other organization if applicable.
The Site is not targeted at children or intended for use by individuals under the age of 18. If you are under the age of 18, you are not permitted to use the Site. If you use the Site, you affirm that you are at least 18 years old.
Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction or Dispute Resolution will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site, so you are aware of any changes, as they are binding on you.
DISPUTE RESOLUTION; CLASS ACTION WAIVER; JURY WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY IMPACTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN A CLASS ACTION.
You and Wpromote agree that most disputes that arise between you and us, and which cannot be resolved informally, shall be resolved with limited exceptions as set forth below. This section includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms of Use and your relationship with Wpromote.
For the purposes of these Terms of Use, any problem, claim, or dispute (a “Dispute”) shall be interpreted broadly and shall include any dispute, claim, or controversy between you and Wpromote, its affiliates, and subsidiaries arising out of or relating to these Terms of Use, your access to or use of the Site, your use of any products or services sold or provided through the Site, or your relationship with us whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. These Terms of Use do not prevent you from bringing a Dispute to the attention of a government agency.
It is our goal that we meet your expectations but there may be instances when you have a Dispute; in such instances, we are committed to working with you to reach a reasonable resolution that satisfies you and we can only do this if we know about and understand your issue. For any Dispute you may have with or against us, you acknowledge and agree that you will first give us an opportunity to informally resolve your Dispute as set forth below in this section. We agree that we will do the same as to any Dispute that we might have with you.
Before filing any lawsuit or proceeding in accordance with the provisions set forth in these Terms of Use, if either you or us has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with us, you agree to provide us with the Notice by sending the Notice to us at the address listed below, and if we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. Any Notice that you submit must be signed by you and any Notice that we submit must be signed by a Wpromote representative. If you want us to speak with your representative, please also provide us with a signed authorization to do so.
During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized virtual and/or telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with legal counsel if represented) if Wpromote makes such a request and we agree to have a representative from Wpromote personally attend any such conference (along with legal counsel if represented) if you make such a request. Wpromote and you agree to negotiate in good faith to resolve any Dispute; this should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, we and you agree to the further dispute resolution provisions listed below.
Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any lawsuit or legal action. Any applicable limitations period (including statutes of limitations) will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to any lawsuit. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then the informal dispute resolution requirement shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process. You or we may commence litigation if the Dispute is not resolved through this process.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WPROMOTE EACH AGREE THAT ANY PROCEEDING, WHETHER IN COURT OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WPROMOTE SHALL SEEK TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION AGAINST THE OTHER.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WPROMOTE EACH EXPRESSLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, PROCEEDING OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THESE TERMS OR THE SUBJECT MATTER HEREOF.
Limitation on Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUTOF OR RELATING TO THESE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Accessing the Site and Security. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site. You are responsible for both:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wpromote, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as necessary for you to use the Site for the purposes permitted under these Terms of Use.
Wpromote®, Polaris IQ™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Wpromote or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Reliance on Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Wpromote, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Wpromote. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site. We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Site; Links from the Site. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions. The owner of the Site is based in the United States of America. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WPROMOTE NOR ANY PERSON ASSOCIATED WITH WPROMOTE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WPROMOTE NOR ANYONE ASSOCIATED WITH WPROMOTE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WPROMOTE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL OUR, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WPROMOTE AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100 (USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless Wpromote, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
Governing Law and Jurisdiction. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Except as expressly provided in the Dispute Resolution section of these Terms of Use, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and County of New Castle, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability. No waiver by Wpromote of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wpromote to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Accessibility. Wpromote works to make the Site accessible to all individuals including those with disabilities. If you are having difficulty accessing our Site, please contact us using the contact information described at the end of these Terms. We will work to provide our products and services to you through alternative means.
Assignment. Wpromote may assign these Terms of Use and any of its rights under the Terms of Use, in whole or in part, and delegate any of its obligations under the Terms of Use. You may not assign these Terms of Use, in whole or in part nor transfer or sub-license your rights under these Terms of Use to any third party; any attempt by you to do so is void.
Entire Agreement. The Terms of Use constitute the sole and entire agreement between you and Wpromote regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments and Concerns. If you have feedback, comments, requests for technical support, and other communications relating to the Site, please contact us:
Email:
privacy_request@wpromote.com
Phone:
866.977.6668
Mail:
Wpromote, LLC
101 Continental Blvd., Suite 150
El Segundo, CA 90245