PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. Wise Businessware operates this Website (hereinafter the "Website") as a benefit to its visitors. Everyone who accesses this Website is subject to these Terms and Conditions (as defined below), as well as any modifications or additions which may be published herein at any time by Wise Businessware. By accessing and/or viewing this Website or other Websites owned, operated or maintained by Wise Businessware or its affiliates, you, the user, are considered to have agreed to accept, comply and be bound by the Terms and Conditions presented below (hereinafter the “Terms). Wise Businessware reserves the right to modify the Terms at any time, without actual or prior notice to our users. Any such changes made by Wise Businessware to these Terms will appear on the Website: http://www.wisebusinessware.com. By accessing and/or using this Website following any alterations to the Terms, you agree to be bound by the Terms as they exist at that time.
IF YOU DO NOT AGREE TO OR COMPLY WITH THESE TERMS, AT ANY TIME, YOU MAY NOT ACCESS, INTERACT WITH, OR OTHERWISE USE THIS WEBSITE. Any and all operations, businesses, business activities, and properties described in this Website are owned or operated by Wise Businessware, or by various associates and contractors of Wise Businessware. The terms "Wise Businessware" "company," "we," "our," and "its" when referring to these entities are used only for convenience within the Website. As such, these terms do not represent an accurate description of ownership, operation, or corporate/legal relationships between the parties.
TERMS AND CONDITIONS OF USE
- WEBSITE SERVICES. The Website is intended to provide information about Wise Businessware and its affiliates to potential clients, customers, business partners, contractors, and employees. Such information about Wise Businessware may include, without limitation, a description of our products, services, and solutions. It may also present information regarding our performance, customer satisfaction, and possible employment opportunities. From time to time, we may also post blogs, articles, and other information as a service to our visitors. These pieces do not create a legal relationship between Wise Businessware and the reader, nor are they to be construed as consulting advice. If you rely on any information presented in these pieces to direct your business activities, without further guidance and consultation from Wise Businessware, you do so at your own risk and with no liability to Wise Businessware.
- INTELLECTUAL PROPERTY RIGHTS. Wise Businessware is the sole owner of all content on the Website. Ownership includes, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, and other intellectual property rights. You may not download, save a copy, or print the Website or any portion thereof, for any purpose, unless you have requested and received prior written consent of Wise Businessware through its authorized personnel. The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is at mailbox: [email protected].
- RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE. The content on this Website is intended for informational use only and are the sole ownership of Wise Businessware. No one has the right to frame, reproduce or redistribute for commercial gain or any other purpose, these pages or any portions thereof. Except with express permission, you may not publish, display, modify, copy, adapt, transmit, create derivative works from, or in any other way exploit the content of the Website. You must obtain written consent from us, and every other entity with a vested interest in the targeted intellectual property, prior to publishing, copying, displaying, or commercially exploiting any material from the Website. If such permission is granted to you by us and all vested interest parties, you may only use the information as is. You do not have permission or authority to change or delete any existing designation of ownership or authority, including but not limited to author attributions, trademarks, legends, or copyright notices. In addition, you must respect and abide any and all additional copyright notices or other restrictions contained on our Website. Moreover, you may not change or alter any logos or names presented in on the Website, including those of Wise Businessware, its affiliates, or third party corporations, without prior specific written permission.
- DISCLAIMER OF WARRANTIES. All information presented by Wise Businessware on its Website is offered on an “as is" and "as available" basis. Any data, product information, opinions or other information on the website is for provided without warranty an express or implied warranty of any kind. Included and without limiting the foregoing, Wise Businessware specifically disclaims any and all warranties, including, but not limited to:
- All warranties concerning the content of the Website, including the usefulness, accuracy, availability, reliability, appropriateness, and timeliness of its content; and
- Any and all warranties of title, non-infringement, merchantability or fitness for a particular purpose, or those arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any deletion, error, defect, or omission in the Website content, or (ii) any problem, disruption or failure in the Website including but not limited to performance, omission, error, deletion, interruption, delay in operation or transmission, defect computer virus, theft or destruction of record(s), communication line failure, unauthorized access to, alteration of, or use of record(s). This includes actions based on tort, breach of contract, defamation, negligence, or any other cause of action. Further, Wise Businessware does not warrant or guarantee: (i) that the Website, or any portion thereof, will be free of infection by viruses, Trojan horses, worms or anything else that manifests, contaminates or destroys properties; or (ii) that access to the Website will be error free or uninterrupted.
- LIMITATION OF LIABILITY. Under no circumstances will Wise Businessware be held liable to any third party for any reason including, but not limited to, negligence:
- For any damages arising in any way based on the use, availability, reliance on, or inability to access or use the materials in this Website, or any other Wise Businessware Website(s), including any and all direct, indirect, punitive, special, exemplary, incidental, consequential (including, but not limited to, damages for business interruption or loss of business profits, programs, and/or information) loss or damages. This limitation of liability is complete and remains valid even in the event that Wise Businessware or a Wise Businessware’s authorized representative(s) has been advised that there may exist the possibility of such damages; or
- For any claim which third parties attributes to omissions, errors, or other inaccuracies in, or destructive properties of, the Website.
In no event shall Wise Businessware's total liability to third parties, including you herein exceed the amount you paid, if any, for accessing this site. This includes any claims or actions arising from use of the Website (whether in contract, tort, or otherwise). Since some jurisdictions and states do not allow the limitation or exclusion of liability for consequential or incidental damages, in such jurisdictions or states, Wise Businessware's liability shall be limited to that amount which is represents the fullest extent permitted by law.
- THIRD PARTY LINKS. You may be able to link to third parties' Websites ("Linked Sites") from the Wise Businessware Website. All visitors to the Wise Businessware Website access Linked Sites at their own risk. Wise Business ware does not review, control or examine these Linked Sites in any way, and is not responsible for their content or functions, including but not limited to availability, advertising, products, or other materials contained in the Linked Sites. In addition, Wise Businessware is not responsible for any additional links that may or may not be contained within the Linked Sites.
- SUBMITTED MATERIALS. The Website is designed for informational and marketing purposes only. As such, Wise Businessware does not solicit, nor does it wish to receive, any secret, confidential or proprietary information, or any other material from you through the Website, by email, via any of its services, or in any other way, unless specifically requested. You agree and acknowledge, through acceptance of these Terms, that by using this Website, any and all information and/or communications transmitted by you to or through the Website will not be protected or treated as confidential or proprietary. If you choose to submit or send materials or information Wise Businessware, your actions automatically represent and warrant that the submitted information is original to you, and that no other person, party or entity has any rights to the materials. In addition, through the act of submission or sending said materials or information, you automatically grant Wise Businessware the unrestricted, royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully sub-licensable right and license to publish, use, modify reproduce, adapt, translate, distribute, create derivative works from, perform and display such material (in whole or part) worldwide. You also grant us the unrestricted right to incorporate your materials in other works, and in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived by any and all persons or entities represented in the material. In addition, you agree to defend, indemnify, and hold harmless Wise Businessware and its directors, officers, employees, contractors, affiliates, and agents from any and all damages, claims, liabilities, expenses and costs, including reasonable attorneys' fees, that arise in any way or from your use of the Website or your placement or transmission of any message, information, information, software or other materials through the Website.
- APPLICABLE LAWS / JURISDICTION. By accessing and/or visiting the Website, you expressly agree that the laws of Texas, excluding its conflicts-of-law rules, shall govern these Terms. You are also on notice that your use of the Website may be subject to other local, state, national, and international laws. You also expressly agree that exclusive jurisdiction and venue for any dispute, claim, or cause of action with Wise Businessware, or relating in any way to the Website, or your use of the Website, resides solely in the courts located in the State of Texas. You further expressly consent and agree to the exercise of personal jurisdiction in any state or federal court located in the city, county and state of Texas in connection with any such dispute, including any claim(s) involving Wise Businessware or its employees, affiliates, contractors, subsidiaries, directors, officers, telecommunication providers, and content authors or providers.
- WAIVER OF RIGHTS AND PRIVACY. By accessing, visiting, and/or using the Website, you expressly waive any and all privacy rights, as well as other rights related to your use or visit to the Website, to the extent that such rights are in conflict with and or are different than any rights protected by federal or Texas laws. You are solely responsible for compliance with local laws, if and to the extent they are applicable.
- NO RIGHT OR LICENSE. Except as specifically noted above, you are granted no right or license under any copyright, trademark, patent, or other intellectual property law to copy, use, reproduce, display, retransmit, or create derivative works from materials, logos, and/or the content contained within this Website.
- FORWARD-LOOKING STATEMENTS. Various pages on this Website contain certain forward-looking statements. These forward-looking statements are often denoted by words such as "intends," "expects," "plans," "believes," "projects," "estimates," and similar expressions or concepts. In addition, certain presentations are available on the Website for viewing, and were created as of the dates indicated on them. Wise Businessware expressly disclaims any responsibility for updating such presentations. Forward-looking statements relating to Wise Businessware's operations are based on management's expectations, opinions, and estimates about Wise Businessware and the Learning Management and Learning Content Management and Delivery industry that is in effect and available on the date the statements were made. These statements are not, and cannot reasonably be, guarantees of future performance and by necessity involve certain risks, uncertainties and assumptions that are difficult to predict. Further, certain forward-looking statements are based upon assumptions as to future events that are unknowable in fact and therefor may prove to be inaccurate. Because Wise Businessware can anticipate but not predict future outcomes, actual outcomes and results may materially differ from the expressed or forecasted beliefs expressed in such forward-looking statements. You rely on these statements at your own risk, and Wise Businessware is not liable for any loss or damage that may result from your decisions.
We take security very seriously, however we cannot guarantee that communications between you and Wise Businessware, and Wise Businessware and you can be protected from and free of unauthorized access by third parties. This is due to the open communication architect of the Internet and through no intentional choice, process, or system of Wise Businessware. Due to the inherent risks of Internet communication, users of this Website access it at their own risk.