Welcome, and thank you for your interest in Whyze Inc., (“Whyze” or “We” or “Us”), which operates the web site located at http://getwhyze.com, related mobile applications, and online services (the “Website”). The following Terms of Service are a legal contract between you (“You”) and Whyze regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” or "you" and collectively as “Users”.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Whyze shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Whyze to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Whyze assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.
We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.
This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and Whyze shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in countries, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how, and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Whyze or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Whyze shall have no obligation to notify you of any corrections or changes to any Site content.
When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been compromised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
Whyze does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
The Services may contain links to third party websites and services. Whyze provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Whyze has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Whyze shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Whyze of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.
When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, email, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Whyze will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Whyze, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, accepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.
If you provide your telephone number to us when you register for an Account or use other Whyze Services on the Site, you expressly consent to receive autodialed or prerecorded calls and text messages from Whyze at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) troubleshoot problems with your account; (iii) resolve disputes; (iv) contact you with offers and promotions; or (v) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply. You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.
IN NO EVENT WILL WHYZE BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF WHYZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS WHYZE’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This TOU, and any applicable TOS, constitute the entire agreement between each User and Whyze governing the User's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of Delaware without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the Rehoboth Beach, DE.
The failure by a User or Whyze to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect.
The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
18585 Coastal Highway
Unit 10 #324
Rehoboth Beach, DE 19971