TERMS AND CONDITIONS

1. You agree to these terms and conditions.

These terms and conditions describe the nature of the Wanduta website and the terms and conditions under which you may use it. By using and/or visiting this website, whether you register with us or not, you are agreeing to these terms and conditions. If you do not agree to any of these terms and conditions, please do not use this website.

2. We may modify these terms and conditions.

From time to time, we may modify these terms and conditions. If you continue to use and/or visit the website after we modify the terms and conditions, that will signify that you have accepted the modified terms and conditions. It is therefore important that you review these terms and conditions regularly to make sure that you are aware of any changes.

3. Certain people may not use this website.

Use of this website and registration to be a member of this website are void where prohibited. You must be 18 years of age or older and a resident of the United States to register with this website. Your profile may be deleted and your membership may be terminated without warning if we believe that you are under 18 years of age and/or you are not a resident of the United States.

4. We own this website.

We own this website. All materials, except user content, contained in this website are either owned by or licensed to us and are protected by intellectual property and other laws. We and our licensors retain all proprietary rights to these materials. This website is Copyright © 2009 Wanduta, LLC. All rights are reserved. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or retransmission of the materials on this site (except user content) is strictly prohibited. Notwithstanding the foregoing, you may download the materials on this site (except user content) for your personal non-commercial use or to share with others for their personal non-commercial use, provided you keep intact all proprietary and other notices. We discuss user content in another section in these terms and conditions.

5. There are certain things that we are not responsible for, including information and services provided by third parties.

This website provides access to a number of professional and other services offered by us and/or third parties that may be available to users, including reference and educational information. We do not, directly or indirectly, provide advice or guidance with respect to these services, including, but not limited to, services concerning your tax and accounting matters, insurance benefits, or legal issues. We do not make any claim or representation regarding – or accepts any responsibility for – the quality or reliability of any services provided by third parties to you that may be made accessed through use of this website.

We are not a law firm and we do not provide legal advice. Your use of the website or any service does not create an attorney-client relationship between you and us.

This website contains links to Augeo Benefits and Augeo Affinity Insurance Services, Inc., which is the third party provider of all the healthcare plans described on this website. We are not an insurance company, nor do we make any decisions with respect to insurance policy coverage criteria, specific insurance policy terms and conditions, or premiums or other payment obligations in connection with any insurance policy, plan or program for which you may apply through use of this website. All such determinations shall be made solely by Augeo Benefits and Augeo Affinity Insurance Services, Inc..

This website contains links to CardPartner, Inc., which is the third party provider of all the Wanduta credit cards described on this website. We are not a credit card or financial services company, nor do we make any decisions with respect to criteria for acquiring credit cards, specific terms and conditions, or fees or other payment obligations in connection with any credit card for which you may apply through use of this website. All such determinations shall be made solely by CardPartner, Inc. Visa International and UMB Bank N.A.

We are not responsible for any debt or obligations incurred by you in any of your dealings with third parties, including, without limitation, Augeo Benefits and Augeo Affinity Insurance Services, Inc. and/or CardPartner, Inc., Visa International and UMB Bank N.A.

Articles, commentary and other information contained on this website are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.

6. You are solely responsible for any content you may upload onto the site.

You are solely responsible for the text, files, images, video, sounds, works of authorship, or other materials that you post on or through this website (which from now on we will call “content”).

We may reject, refuse to post or delete any content for any or no reason, including content that in our sole judgment violates these terms and conditions or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the website for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor the website, we nonetheless assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

7. By uploading information and/or content onto this website, you are giving us certain rights in and to that information and/or content.

We do not claim any ownership rights in your content. After posting content on or through this website, you continue to retain all ownership rights in such content. However, by posting content on or through this website, you are granting to us a license to use, modify, publicly perform, publicly display, reproduce and distribute such content for any purpose without compensation to you. The license to us is nonexclusive, fully paid and royalty-free, sublicensable and worldwide.

You represent and warrant that (i) you own or control all applicable rights or you have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the content, (ii) you have the right to grant the license set forth in this section, and (iii) the posting of your content on or through this website or its use by us does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any content posted by you on or through this website or our use of the content in accordance with this license.

For more information on how we may use personal information, please refer to our Privacy Policy, which is incorporated into these terms and conditions.

8. Certain content is prohibited on the website.

The following are examples of the kind of content that is illegal or prohibited to post on or through the website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the website and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that, in our sole discretion:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the website;
  • exploits people in a sexual or violent manner;
  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • publicly posts information that poses or creates a privacy or security risk to any person;
  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users of the website;
  • involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph or video of another person that you have posted without that person’s consent;
  • uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile; or
  • violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

8. Certain activities are prohibited on the website.

The following are examples of the kind of activity that is illegal or prohibited on the website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, terminating the membership of such violators and/or reporting them to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any member to buy or sell any products or services through the unauthorized or impermissible use of the website. You may not transmit any chain letters or junk email to other members. If you breach these terms and conditions and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the website, you acknowledge that you will have caused substantial harm to us, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited email or other unauthorized commercial communication you send through the website;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the website;
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the website or any third party networks or services linked to by the website;
  • impersonating or attempting to impersonate another member, person or entity;
  • using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • using the website in a manner inconsistent with any and all applicable laws and regulations;
  • using the website in violation of these terms and conditions.

9. If you think that someone’s user content infringes on your copyrights, or if you think that we have removed your content in error, you should follow the provisions of the Digital Millennium Copyright Act.

If you are a copyright owner or its agent and believe that any user content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated copyright agent to receive notifications of claimed infringement is: Wanduta, LLC, 275 Madison Avenue, 6th Floor, New York, NY 10016. For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through info@wanduta.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Counter-Notice. If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

10. Disclaimers (our lawyers made us put this in).

We are not responsible for and make no warranties, express or implied, as to user content or the accuracy and reliability of user content posted on or through the website, whether caused by users of the website or by any of the equipment or programming associated with or utilized in the website and such user content does not necessarily reflect our opinions or policies. Profiles and third party applications created and posted by members on the website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and we do not necessarily investigate, monitor or check for accuracy or completeness any of these websites. Inclusion of any linked website on the website does not imply our approval or endorsement of the linked website. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through the website, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any user of the website. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the website, attendance at a Wanduta event, from any user content posted on or through the website, or from the conduct of any users of the website, whether online or offline. The website is provided “AS-IS” and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the website.

11. Our liability is limited.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, 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 AMOUNT PAID, IF ANY, BY YOU TO US FOR THE WEBSITE DURING THE TERM OF MEMBERSHIP.

12. What happens if you have a dispute with us.

These terms and conditions shall be governed by, and construed in accordance with , the laws of the State of New York, without regard to its conflict of law provisions. You and we agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of these terms and conditions or the website. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

13. You indemnify us for certain things.

You agree to indemnify and hold Wanduta, LLC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website in violation of these terms and conditions and/or arising from a breach of these terms and conditions and/or any breach of your representations and warranties set forth in these terms and conditions and/or any content that you post on or through the website.

14. Some more miscellaneous things that our lawyers thought we should put in.

The headings in these terms and conditions are solely for your convenience, and they should not affect your interpretation of these terms and conditions. If any provision of these terms and conditions is unlawful, void or unenforceable, that provision is deemed to be severable from these terms and conditions, and does not affect the validity and enforceability of the remaining provisions. These terms and conditions and any rights and licenses that may be granted hereunder, may not be assigned or transferred by you, but may be assigned by us without restriction.

THANKS!

Thank you for reading our terms and conditions. As we mentioned earlier, by using and/or visiting this website, whether you register with us or not, you are agreeing to these terms and conditions. If you do not agree to any of these terms and conditions, please do not use this website.

Wanduta, LLC.