Terms of Use
Sections
1. Agreement Terms
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User Generated Contributions
6. Contribution License
7. Submissions
8. Site Management
9. Privacy Policy
10. Term and Termination
11. Modifications and Interruptions
12. Governing Law
13. Dispute Resolution
14. Corrections
15. Disclaimer
16. Limitations of Liability
17. Indemnification
18. User Data
19. Electronic Communications, Transactions, and Signatures
20. General Security and Protocols
21. Accounts, Profiles, Passwords and Security
22. General Subscription Accounts Information
23. Site Link Pages and Sub-Categories
24. General Paid Links Disclaimers
25. General Terms and Policies for Print Orders “directly” from www.48HourPromo.com
26. Links from any of our Sites
27. Geographic Restrictions
28. California Users and Residents
29. Miscellaneous
30. Entire Agreement
31. Contact Us
1. Agreement Terms
2. Intellectual Property Rights
3. User Representations
4. Prohibited Activities
5. User Generated Contributions
6. Contribution License
7. Submissions
8. Site Management
9. Privacy Policy
10. Term and Termination
11. Modifications and Interruptions
12. Governing Law
13. Dispute Resolution
14. Corrections
15. Disclaimer
16. Limitations of Liability
17. Indemnification
18. User Data
19. Electronic Communications, Transactions, and Signatures
20. General Security and Protocols
21. Accounts, Profiles, Passwords and Security
22. General Subscription Accounts Information
23. Site Link Pages and Sub-Categories
24. General Paid Links Disclaimers
25. General Terms and Policies for Print Orders “directly” from www.48HourPromo.com
26. Links from any of our Sites
27. Geographic Restrictions
28. California Users and Residents
29. Miscellaneous
30. Entire Agreement
31. Contact Us
Terms of Use
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 48HourPromo.com and its affiliates/partners: WiZ-Link.com, WiZ48.com and/or any other entity affiliated with 48HourPromo.com (“Company”, “we”, “us” or “our”), concerning your access to and use of the www.48hourpromo.com/, www.wiz48.com/ and www.wiz-link.com/ websites, other websites and sub-links as well as any other media form, media channel, mobile website and/or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the State of California and have our address in the city of Aliso Viejo, California. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changed or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive any specific notices of each such change. Please endure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by and person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.
This Site is not tailored to comply with industry-specific regulations of any sort, so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
For third party users and/or other affiliate users of the Site and/or any disputes or concerns, please see Intellectual Property Rights document.
3. User Representations
By using the Site, you represent and warrant that: a. you have the legal capacity and you agree to comply with these Terms of Use; b. you are not a minor in the jurisdiction in which you reside; c. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; d. you will not use the Site for any illegal or unauthorized purpose; and f. your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree NOT to:
A. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
B. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, emails, phone numbers, addresses and any other personal information.
C. Circumvent, disable, or otherwise interfere with security related features, of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
D. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
E. Use any information obtained from the Site in order to harass, abuse, or harm another person.
F. Make improper use of our support services or submit false reports of abuse or misconduct.
G. Use the Site in a manner inconsistent with any applicable laws or regulations.
H. Engage in unauthorized framing of or linking to the Site.
I. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interfered with the use, features, functions, operation, or maintenance of the Site.
J. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
K. Delete the copyright or other proprietary rights notice from any Content.
L. Attempt to impersonate another user or person or use the username of another person.
M. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
N. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
O. Harass, annoy, intimidate, or threaten any of our employees or agents for providing any portion of the Site to you.
P. Attempt to bypass any measures of the Site designated to prevent or restrict access to the Site, or any portion of the Site.
Q. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, HTM, Web3 Server Information, Python, Manifests, C++, JavaScript, or other codes.
R. Except as permitted by applicable law, decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
S. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
T. Use a buying gent or purchasing agent to make purchases on the Site.
U. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means or under false pretenses.
V. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. User Generated Contributions
The Site does not offer users to submit or post Content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
A. The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trademark secret, or moral rights of any third party.
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
C. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
D. Your Contributions are not false, inaccurate, or misleading and any shape or form which could harm the Site, or any parts of the Site as well as any user of the Site.
E. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
F. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
G. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
H. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
I. Your Contributions do not violate any applicable law, regulation, or rule.
J. Your Contributions do not violate and privacy or publicity rights of any third party.
K. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
L. Your Contributions do not otherwise violate, or link to material that violated, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
6. Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to use are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. Site Management
We reserve the right, but not the obligation, to: a. monitor the Site for violations of these Terms of Use; b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; d. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and e. otherwise mange the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
9. Privacy Policy
We are about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws of the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
10. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provisions of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that posted at any time, without warning, in our sole discretion. This includes but not limited to; account information, login information, account access and any other forms of access you might have to the Site.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Modifications and Interruptions
We reserve the right to change, modify, or remove contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related work to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
12. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the Laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of lay principles.
13. Dispute Resolution
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The Arbitrator must follow applicable law, and award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the State and Federal courts located in Orange County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate and Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the person jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, a. no arbitration shall be joined with any other proceeding; b. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and c. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration; a. any Disputes seeking to enforce to protect, or concerning the validity of, any of the intellectual property rights of a Party; b. and Dispute related to, or arising from, allegations of the theft, piracy, invasion of privacy, or unauthorized use; and c. any claim for injunctive relief, if this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
15. Disclaimer
This Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchant-ability, fitness for particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any; a. errors, mistakes, or inaccuracies of content and materials; b. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; c. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; d. any interruption or cessation of transmission to or from the Site; e. any bugs, viruses, Trojan horses, or the like which may be transmitted to/or through the Site by any third party, and/or; f. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through and medium or in any environment, you should use your best judgment and exercise caution where appropriate.
16. Limitations of Liability
In no event will we or directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of date, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any by you to us or any courts. Certain U.S.A. State Laws and International Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliated, and all of our respective officers, promotions, seasonal products, sub-links promotions, ( / ) forward-slashed links’ promotions, hyperlinks, content provider, third party content provider, agents, partners, and employees, Site designer, SEO provider, graphic -designer, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of; a. use of the Site; b. breach of these Terms of Use; c. any breach of your representations and warranties set forth in these Terms of Use; d. you violation of the rights of a third party, including but not limited to intellectual property rights; or e. any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. User Data
The Site will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that related to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss of corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
19. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy and legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. General Security and Protocols
We follow general security and protocols offered to us by third party secured websites, whom we use for payment collection and moneys. We do NOT directly collect money using any internal system on the Site.
21. Accounts, Profiles, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password) or create a profile for use in applying for something (for example, a subscription). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you have an account with Site, please review your Terms of Service for more details on; Accounts, profiles, passwords, security and other important terms relating to your account with Site.
22. General Subscription Accounts Information
If you, your company, your registered business name and/or DBA is part of a one-time subscription, a paid account, a recurring account and/or any other forms of subscription with the Site, all information collected can be used for further marketing purposes for improvement and bettering the business model and practices of the Site.
All payment information and account information is collected via a secured third party link to assure no breach and loss of data. As we improve the business model, we strive to bring the best security and options for verification, tokens, two-step confirmations onto the Site, yet this process is never guaranteed.
Our business model is very simple and straight forward to the point that no refunds are needed. If situation arises which allows for an exception for a refund, contact us directly to discuss your account.
Cancellation of any membership is with the discretion of the Site. Contact us directly to discuss your paid membership and/or subscription.
Delayed, non-paying accounts, and/or defaulted, delayed and/or any other form of lack of payment or delayed payment, will cause in immediate suspension of whichever type of subscription and/or paid account the end user is involved in. Contact us directly to discuss your account.
If you have a subscription account with Site, please review your Terms of Service for more details on; subscriptions, paid accounts, recurring accounts, refunds, cancellations, violations and other important terms relating to your account with Site.
23. Site Link Pages and Sub-Categories
If you have signed up for any membership on the Site through any and all Sites, we have designated Site page(s) for your content which you have provided to us via forms, emails, and/or other electronic forms of communication, your information, data, graphics, images and/or videos was given to the Site voluntarily and was collected with your consent and permission. All information and content provided on any and all Site Links are public information and available for viewing to the general public.
We further reserve the right to use your content to further improve the Site and its content via marketing, image galleries, examples pages, frame shots and/or any other means to better and improve the Site.
If you have a membership account with Site, please review your Terms of Service for more details on; Site link pages and sub-categories and other important terms relating to your account with Site.
24. General Paid Links Disclaimers
The general paid links disclaimers are located on the paid link page on the Site. Most often it is located in the footer section of the Site’s link.
The Disclaimers are as follow;
1. Disclaimer - This Wiz-Link is not affiliated with WiZ48.com and/or its affiliates. The Author/Content Provider of the Wiz-Link has paid a fee to populate this WiZ-Link with their content. Additionally, this WiZ-Link is NOT endorsed by Wiz48.com and/or its affiliates in any way. Wiz48.com and/or its affiliates are trademarks of 48HourPromo.com, Inc. The Wiz-Link's content is based upon the Author/Content Provider's opinion and is provided solely on an "AS IS" and "AS AVAILABLE" basis. 2. Company Disclaimer - Author/Content Provider is an independent entity and it is NOT affiliated with WiZ48.com and/or its affiliates. All material and any representations on this Wiz-Link are provided for the public view in their entirely by the Author/Content Provider. All payments and moneys should be managed via a third party secure payment portal. WiZ48.com and its affiliates do NOT collect moneys and/or payments nor do they handle moneys and/or payments information on this portal. 3. LIABILITY DISCLAIMER - By reading this Wiz-Link or the documents it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice. You further agree that our company cannot be held responsible in any way for the success or failure of your business as a result of the information provided by our company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations. In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information on this Wiz-Link. 4. GENERAL DISCLAIMER - © 2016 ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION OR PUBLICATION OF ANY MATERIALS FROM THIS SITE IS EXPRESSLY PROHIBITED. ALL PRODUCT NAMES, LOGOS, AND BRANDS ARE PROPERTY OF THEIR RESPECTIVE OWNERS. ALL COMPANY, PRODUCT AND SERVICE NAMES USED IN THIS WIZ-LINK ARE FOR IDENTIFICATION PURPOSES ONLY. USE OF THESE NAMES, LOGOS, AND BRANDS DOES NOT IMPLY ENDORSEMENT. THE VIEWS AND INFORMATION CONTAINED WITHIN THIS WIZ-LINK ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT MEANT AS FINANCIAL ADVICE, AND REPRESENT THE CURRENT GOOD-FAITH VIEWS OF THE AUTHORS AT THE TIME OF PUBLICATION. THE ABOVE STATEMENTS ARE A REPRESENTATION OF VENDOR'S EXPERIENCES. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT’S POTENTIAL. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF RESULTS. THIS PRODUCT'S POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING IT, AND THEIR CURRENT SITUATION.
If you have a membership account with Site, please review your Terms of Service for more details on; general paid links disclaimers and other important terms relating to your account with Site.
25. General Terms and Policies for Print Orders “directly” from www.48HourPromo.com
Visit 48HourPromo.com Print Terms for more details.
26. Links from any of our Sites
If any of our Sites contain 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 or through any of our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
27. Geographic Restrictions
The Site is based in the State of California, in the United States. We provide these Sites for use only by persons located in the United States. We make no claims that any of our Sites or any of their respective content is accessible or appropriate outside of the United States. Access to any of our Sites may not be legal by certain persons or in certain countries. If you access any of our Sites from outside the United States, you do so based on your own initiative and are responsible for compliance with local laws.
28. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, California 95834 or by telephone at 800-952-5200 or 916-445-1254.
29. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed sever-able from these Terms of Use and does not affect the validity and enforce-ability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or us of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute there Terms of Use.
30. Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Site. No modification of these Terms of Use will be effective unless we authorize it.
31. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]
- End of Terms of Use
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 48HourPromo.com and its affiliates/partners: WiZ-Link.com, WiZ48.com and/or any other entity affiliated with 48HourPromo.com (“Company”, “we”, “us” or “our”), concerning your access to and use of the www.48hourpromo.com/, www.wiz48.com/ and www.wiz-link.com/ websites, other websites and sub-links as well as any other media form, media channel, mobile website and/or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the State of California and have our address in the city of Aliso Viejo, California. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE ITS USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changed or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive any specific notices of each such change. Please endure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by and person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extend local laws are applicable.
This Site is not tailored to comply with industry-specific regulations of any sort, so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
For third party users and/or other affiliate users of the Site and/or any disputes or concerns, please see Intellectual Property Rights document.
3. User Representations
By using the Site, you represent and warrant that: a. you have the legal capacity and you agree to comply with these Terms of Use; b. you are not a minor in the jurisdiction in which you reside; c. you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; d. you will not use the Site for any illegal or unauthorized purpose; and f. your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree NOT to:
A. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
B. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords, emails, phone numbers, addresses and any other personal information.
C. Circumvent, disable, or otherwise interfere with security related features, of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
D. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
E. Use any information obtained from the Site in order to harass, abuse, or harm another person.
F. Make improper use of our support services or submit false reports of abuse or misconduct.
G. Use the Site in a manner inconsistent with any applicable laws or regulations.
H. Engage in unauthorized framing of or linking to the Site.
I. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interfered with the use, features, functions, operation, or maintenance of the Site.
J. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
K. Delete the copyright or other proprietary rights notice from any Content.
L. Attempt to impersonate another user or person or use the username of another person.
M. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
N. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
O. Harass, annoy, intimidate, or threaten any of our employees or agents for providing any portion of the Site to you.
P. Attempt to bypass any measures of the Site designated to prevent or restrict access to the Site, or any portion of the Site.
Q. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, HTM, Web3 Server Information, Python, Manifests, C++, JavaScript, or other codes.
R. Except as permitted by applicable law, decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
S. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
T. Use a buying gent or purchasing agent to make purchases on the Site.
U. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means or under false pretenses.
V. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
5. User Generated Contributions
The Site does not offer users to submit or post Content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
A. The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trademark secret, or moral rights of any third party.
B. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
C. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
D. Your Contributions are not false, inaccurate, or misleading and any shape or form which could harm the Site, or any parts of the Site as well as any user of the Site.
E. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
F. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
G. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
H. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
I. Your Contributions do not violate any applicable law, regulation, or rule.
J. Your Contributions do not violate and privacy or publicity rights of any third party.
K. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
L. Your Contributions do not otherwise violate, or link to material that violated, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
6. Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to use are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. Site Management
We reserve the right, but not the obligation, to: a. monitor the Site for violations of these Terms of Use; b. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; c. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; d. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and e. otherwise mange the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
9. Privacy Policy
We are about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws of the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
10. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provisions of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that posted at any time, without warning, in our sole discretion. This includes but not limited to; account information, login information, account access and any other forms of access you might have to the Site.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11. Modifications and Interruptions
We reserve the right to change, modify, or remove contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related work to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
12. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the Laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of lay principles.
13. Dispute Resolution
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The Arbitrator must follow applicable law, and award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the State and Federal courts located in Orange County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate and Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the person jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, a. no arbitration shall be joined with any other proceeding; b. there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and c. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration; a. any Disputes seeking to enforce to protect, or concerning the validity of, any of the intellectual property rights of a Party; b. and Dispute related to, or arising from, allegations of the theft, piracy, invasion of privacy, or unauthorized use; and c. any claim for injunctive relief, if this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
15. Disclaimer
This Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchant-ability, fitness for particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any; a. errors, mistakes, or inaccuracies of content and materials; b. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; c. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; d. any interruption or cessation of transmission to or from the Site; e. any bugs, viruses, Trojan horses, or the like which may be transmitted to/or through the Site by any third party, and/or; f. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through and medium or in any environment, you should use your best judgment and exercise caution where appropriate.
16. Limitations of Liability
In no event will we or directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of date, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any by you to us or any courts. Certain U.S.A. State Laws and International Laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliated, and all of our respective officers, promotions, seasonal products, sub-links promotions, ( / ) forward-slashed links’ promotions, hyperlinks, content provider, third party content provider, agents, partners, and employees, Site designer, SEO provider, graphic -designer, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of; a. use of the Site; b. breach of these Terms of Use; c. any breach of your representations and warranties set forth in these Terms of Use; d. you violation of the rights of a third party, including but not limited to intellectual property rights; or e. any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. User Data
The Site will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that related to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss of corruption of any such data and you hereby waive any right of action against us arising from any such loss or corruption of such data.
19. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy and legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. General Security and Protocols
We follow general security and protocols offered to us by third party secured websites, whom we use for payment collection and moneys. We do NOT directly collect money using any internal system on the Site.
21. Accounts, Profiles, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password) or create a profile for use in applying for something (for example, a subscription). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you have an account with Site, please review your Terms of Service for more details on; Accounts, profiles, passwords, security and other important terms relating to your account with Site.
22. General Subscription Accounts Information
If you, your company, your registered business name and/or DBA is part of a one-time subscription, a paid account, a recurring account and/or any other forms of subscription with the Site, all information collected can be used for further marketing purposes for improvement and bettering the business model and practices of the Site.
All payment information and account information is collected via a secured third party link to assure no breach and loss of data. As we improve the business model, we strive to bring the best security and options for verification, tokens, two-step confirmations onto the Site, yet this process is never guaranteed.
Our business model is very simple and straight forward to the point that no refunds are needed. If situation arises which allows for an exception for a refund, contact us directly to discuss your account.
Cancellation of any membership is with the discretion of the Site. Contact us directly to discuss your paid membership and/or subscription.
Delayed, non-paying accounts, and/or defaulted, delayed and/or any other form of lack of payment or delayed payment, will cause in immediate suspension of whichever type of subscription and/or paid account the end user is involved in. Contact us directly to discuss your account.
If you have a subscription account with Site, please review your Terms of Service for more details on; subscriptions, paid accounts, recurring accounts, refunds, cancellations, violations and other important terms relating to your account with Site.
23. Site Link Pages and Sub-Categories
If you have signed up for any membership on the Site through any and all Sites, we have designated Site page(s) for your content which you have provided to us via forms, emails, and/or other electronic forms of communication, your information, data, graphics, images and/or videos was given to the Site voluntarily and was collected with your consent and permission. All information and content provided on any and all Site Links are public information and available for viewing to the general public.
We further reserve the right to use your content to further improve the Site and its content via marketing, image galleries, examples pages, frame shots and/or any other means to better and improve the Site.
If you have a membership account with Site, please review your Terms of Service for more details on; Site link pages and sub-categories and other important terms relating to your account with Site.
24. General Paid Links Disclaimers
The general paid links disclaimers are located on the paid link page on the Site. Most often it is located in the footer section of the Site’s link.
The Disclaimers are as follow;
1. Disclaimer - This Wiz-Link is not affiliated with WiZ48.com and/or its affiliates. The Author/Content Provider of the Wiz-Link has paid a fee to populate this WiZ-Link with their content. Additionally, this WiZ-Link is NOT endorsed by Wiz48.com and/or its affiliates in any way. Wiz48.com and/or its affiliates are trademarks of 48HourPromo.com, Inc. The Wiz-Link's content is based upon the Author/Content Provider's opinion and is provided solely on an "AS IS" and "AS AVAILABLE" basis. 2. Company Disclaimer - Author/Content Provider is an independent entity and it is NOT affiliated with WiZ48.com and/or its affiliates. All material and any representations on this Wiz-Link are provided for the public view in their entirely by the Author/Content Provider. All payments and moneys should be managed via a third party secure payment portal. WiZ48.com and its affiliates do NOT collect moneys and/or payments nor do they handle moneys and/or payments information on this portal. 3. LIABILITY DISCLAIMER - By reading this Wiz-Link or the documents it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice. You further agree that our company cannot be held responsible in any way for the success or failure of your business as a result of the information provided by our company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations. In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information on this Wiz-Link. 4. GENERAL DISCLAIMER - © 2016 ALL RIGHTS RESERVED. UNAUTHORIZED DUPLICATION OR PUBLICATION OF ANY MATERIALS FROM THIS SITE IS EXPRESSLY PROHIBITED. ALL PRODUCT NAMES, LOGOS, AND BRANDS ARE PROPERTY OF THEIR RESPECTIVE OWNERS. ALL COMPANY, PRODUCT AND SERVICE NAMES USED IN THIS WIZ-LINK ARE FOR IDENTIFICATION PURPOSES ONLY. USE OF THESE NAMES, LOGOS, AND BRANDS DOES NOT IMPLY ENDORSEMENT. THE VIEWS AND INFORMATION CONTAINED WITHIN THIS WIZ-LINK ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT MEANT AS FINANCIAL ADVICE, AND REPRESENT THE CURRENT GOOD-FAITH VIEWS OF THE AUTHORS AT THE TIME OF PUBLICATION. THE ABOVE STATEMENTS ARE A REPRESENTATION OF VENDOR'S EXPERIENCES. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT’S POTENTIAL. EXAMPLES AND TESTIMONIALS IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF RESULTS. THIS PRODUCT'S POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING IT, AND THEIR CURRENT SITUATION.
If you have a membership account with Site, please review your Terms of Service for more details on; general paid links disclaimers and other important terms relating to your account with Site.
25. General Terms and Policies for Print Orders “directly” from www.48HourPromo.com
Visit 48HourPromo.com Print Terms for more details.
26. Links from any of our Sites
If any of our Sites contain 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 or through any of our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
27. Geographic Restrictions
The Site is based in the State of California, in the United States. We provide these Sites for use only by persons located in the United States. We make no claims that any of our Sites or any of their respective content is accessible or appropriate outside of the United States. Access to any of our Sites may not be legal by certain persons or in certain countries. If you access any of our Sites from outside the United States, you do so based on your own initiative and are responsible for compliance with local laws.
28. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, California 95834 or by telephone at 800-952-5200 or 916-445-1254.
29. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed sever-able from these Terms of Use and does not affect the validity and enforce-ability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or us of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute there Terms of Use.
30. Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding this Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding the Site. No modification of these Terms of Use will be effective unless we authorize it.
31. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]
- End of Terms of Use
