FOLLOWUPWIZARD.COM
TERMS AND CONDITIONS OF USE
Thank
you for visiting the FollowupWizard.com world
wide web site (the “Site”). Access to
this Site, the home page of which is located at http://www.followupwizard.com,
is offered to you, the individual user, by the HunkeDory, Inc., dba
FollowupWizard.com (“FollowupWizard”). These Terms and Conditions of Use (“Terms of
Use”) govern your use of the Site.
Limited use of the Site is offered to you by FollowupWizard subject to,
and conditioned upon your acceptance of, these Terms of Use. Your use of the Site constitutes your
legally binding acceptance of and agreement to these Terms of Use. Under these Terms of Use only,
FollowupWizard grants you a license to view and use the interactive features of
this Site. If you do not agree to these
Terms of Use, you are not an authorized user and should discontinue any use of
the Site.
FollowupWizard
reserves the right to change or modify these Terms of Use at any time without
notice to you. Please read these Terms
of Use carefully, as you are bound to comply with the provisions herein.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. FollowupWizard as Proprietor.
FollowupWizard is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist
on the Site are offered to you by FollowupWizard for limited use pursuant to
these Terms and Use. “Site Content” means any and all human readable patent
audio and/or visual elements of this Site, including without limitation, any
text, graphics, images, illustrations, photographs animation, video/audio or
audiovisual works, designs or logos, information, and other content made
available through the Site. “Site Code”
means any and all underlying elements of this Site, including without
limitation source code, script, object code, software, computer programs, and
other sets of statements or instructions contained in or underlying the Site.
1.2. Copyright. The Site Content and Site Code are owned by
FollowupWizard and/or its licensors and content providers and are protected by
applicable domestic and international copyright laws. Copyright © 2001 Hunke Dory, Inc. All Rights Reserved.
Unless expressly permitted elsewhere in the Site by FollowupWizard, you
shall not copy, distribute, publish, perform, modify, download, transmit,
transfer, sell, or license, reproduce, create derivative works from or based
on, distribute, post, publicly display, frame, link, or in any other way
exploit any of the Site Content or Code, in whole or in part. Links to the Site are only permitted upon
express permission from and arrangement with FollowupWizard. Any rights not expressly granted to you
herein are reserved. Any violation of
copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
1.3. Trademark. FOLLOWUPWIZARD is a trademark and service
mark belonging to FollowupWizard (the “FOLLOWUPWIZARD Marks”), intended to
identify the source of FollowupWizard goods and services, as well as indicate
its superior quality products and services.
Any product, service, or trade name other than those owned by
FollowupWizard that identify a third party as the source thereof may, even if
not so indicated, be the service mark or trademark of that respective entity or
individual. Any unauthorized use of the
FOLLOWUPWIZARD Marks is strictly prohibited.
2. USE OF THE SITE.
2.1. License; Limitations. FollowupWizard grants you a non-exclusive,
non-transferrable, limited right and license to access and use this Site, and
view and privately display the Site Content by way of one (1) computer
connected to the Site over the Internet only, and in strict conformity with
these Terms of Use. No more than
one single user shall use a given password associated with a specific email
address. You may “cache” pages of the Site for the
sole purpose of increasing the speed and efficiency at which you access the
Site in the future. However, no other
copy or use of any portion of the Site is permissible, and the same would
constitute an act of copyright infringement.
By way of example, and not limitation, you may not sublicense, alter,
adapt, transmit, publicly perform or display, distribute, customize, modify,
add to, delete from, create derivative works based upon any portion of the Site
Content, link or forward any web address to this Site, copy, counterfeit or
paste the Site Content to any other website or web page. You may not publicly display any portion of
the Site without a written license signed by a party authorized to legally bind
FollowupWizard to such a contractual arrangement. Any other use or exploitation of this Site, including the Site
Content or Site Code, is strictly prohibited.
FollowupWizard is in the business of designing and distributing software
(the “Software”). You shall not,
and shall not permit other persons or entities to directly or indirectly, by
electronic or other means, reproduce, publish, distribute, rent, lease, sell,
sublicense, assign, or otherwise transfer the Software or any part thereof. Nor
shall you reverse-engineer, disassemble, merge, modify, create derivative works
of the Software. Nor shall you remove or obscure FollowupWizard.com copyright,
trademarks, or other proprietary notices or legends from any portion of the
Software or any other related materials.
This agreement and your rights herein shall automatically terminate if
you fail to comply with any provision of this agreement and any other
agreements. Upon such termination, you shall immediately cease all use of
FollowupWizard.com.
2.2. Not Intended for Minors. No portion of this Site is targeted to
children. This Site is not intended for
persons under the age of eighteen (18) years of age (“Minors”). The site Content may be confusing or
offensive to Minors. Any Minor should
seek consent from his/her legal guardian before using this Site, and such legal
guardian should strictly monitor such Minor’s use of the Site.
2.3. Nature of Services. FollowupWizard does not warrant the truth or
validity of the information contained on its site. You acknowledge and understand that, because of the possibility
of human and mechanical error, mistakes or omissions in the data or information
provided, delays or interruptions of the data or information stream from
whatever cause, as well as other factors, FollowupWizard is not responsible for
errors in or omissions from the information contained or accessed through the
Site. ALL INFORMATION AND CONTENT ON
THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.4. Username/Password. FollowupWizard may issue you a username
and/or password for access to the certain portions of, or services provided
via, the Site. You shall hold and
secure any such username or password as strictly confidential. Accordingly, you shall not allow friends,
family, or other persons access to or use of such username or password. You shall not post the username or password
on any website nor transmit it through insecure sites. FollowupWizard shall not be responsible
whatsoever in the event that your password is misappropriated by a third
party.
2.5. Communications/ Messages from
Users. As used in these Terms of
Use, “Your Posted Material” means any information, messages, e-mails, postings,
on-line discussions, literary works, drawings, illustrations or images, films
or digital content, or any other copyrightable work or non-copyrightable idea,
expression, or communication, regardless of whether you authored or created
such work or communication, which you cause to be posted to, submitted to, or
in any way transmitted via, the Site. You
agree that none of Your Posted Material will contain information or content
that (i) infringes on the copyright or any other rights of any person; (ii)
reveals trade secrets or any information which you have agreed, expressly or
impliedly, to keep confidential; (iii) includes sexually explicit images,
depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or
otherwise unlawful; (v) contains a virus or any other potentially damaging
content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion
of privacy, or misappropriation of statutory or common law rights to publicity
or personality. Additionally, even if
such content is legal, you agree that none of Your Posted Material will contain
information or content that: (a) contains or constitutes commercial advertising,
solicitation, informational announcements, or political tracts; (b)
constitutes, contains, or encourages “make-money fast” type messages, “chain
letters” or “pyramid schemes” of any type; (c) contains false or misleading
information; (d) is purportedly sent from a person other than yourself (e.g.,
impersonation of another person or user); or (e) with respect to “chat rooms”
or other mechanism for real time dialogue between users, disrupts the normal
flow of dialogue, or posts comments that are not related to the topic being
discussed (unless it is clear that the discussion is free-form). FollowupWizard
takes violations of its customers' rights and its own rights seriously, and
makes efforts to report any potential criminal violations to appropriate authorities.
2.6. License to Your Postings to the
Site; Indemnity. You hereby grant
to FollowupWizard the royalty-free, non-exclusive, transferable right and
license to use and exploit all rights in copyright in and to Your Posted
Material throughout the universe in all forms of media, whether now known or
later developed or created.
Accordingly, among other rights, FollowupWizard may reproduce, modify,
publish, translate, distribute, sell, perform, and display Your Posted Material
alone or as part of other works in any form, media or technology. You represent, warrant, and guarantee that
(i) you have the full and unrestricted right to grant such rights to Your
Posted Material, and that there are no other agreements with any third party in
conflict herewith; and (ii) FollowupWizard’s exercise of its rights granted by
you hereunder shall not infringe upon any copyright or any other subsisting
right of any third party. Moreover, you
agree to indemnify and hold FollowupWizard harmless from and against any and
all claims, demands, and liabilities, of any kind or character, made by you or
any third party against FollowupWizard arising out of or relating to
FollowupWizard's exercise of such rights to Your Posted Material.
2.8. Reservation of Rights. Any rights not expressly granted herein are
reserved. You may not download,
modify, publish, transmit, transfer or sell, reproduce, create derivative works
from or based on, distribute, perform, publicly display, or in any way exploit
any of the Site Content, in whole or in part, without the prior written consent
of a party authorized to bind FollowupWizard, except as expressly permitted in
these Terms of Use.
3. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS.
3.1. Hyperlinks. This Site may contain hyperlinks or other
references to third party Internet sites that FollowupWizard does not own or
operate. Such hyperlinks are provided
for your reference only. FollowupWizard
makes no warranties or representations regarding the availability of, or the
content located on or through, such sites.
FollowupWizard does not endorse, sponsor, or review the content
contained at the sites to which hyperlinks on FollowupWizard web sites are
directed, nor does FollowupWizard represent that such sites are appropriate for
children, in compliance with laws, or are what they purport to be. Accordingly, FollowupWizard does not accept
any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or
operate the sites at which such hyperlinks are directed do not necessarily have
knowledge of, endorse, sponsor, or approve of the hyperlink or content
contained at this Site.
3.2. Third Party Postings. This Site may contain information or
advertising for third parties. FollowupWizard expressly denies any endorsement,
sponsorship, approval, or agreement with any third party communication made
available via the Site, including messages, information, and advertising of its
clients or licensors. FollowupWizard
shall not be deemed to have considered, reviewed, screened, or approved of any
such third party communication.
However, FollowupWizard reserves the right for any reason to remove
without notice any communication made available via the Site, and to deny in
its sole discretion your access or any user access to communications made
available via this Site.
4. PRIVACY POLICY
4.1. Information Collection. FollowupWizard is committed to protecting
your privacy and your personal information provided via the Site. Information may be requested from you on a
voluntary basis and may be used by FollowupWizard for limited purposes. Information such as your name, e-mail
address, mailing address, general profile information, and preferences may be
collected. This Privacy Policy details FollowupWizard’s practices in
information collection and uses.
FollowupWizard reserves the right to modify this Privacy Policy, as well
as the other Terms of Use, from time to time without notice to users. Questions
or comments about the Privacy Policy should be directed to FollowupWizard at privacy@followupwizard.com.
4.2. Use of Information. Information collected may be used to (i)
notify you as to particular services or new features; (ii) advise you as to
special promotions, new information, or FollowupWizard products; (iii)
personalize or enhance your use of the Site; (iv) inform you as to functional
changes or new features on the Site; (iv) provide you with information you
request from FollowupWizard; or (vi) conduct user polls or surveys. If at any time you wish to unsubscribe from
FollowupWizard’s e-mail distribution list, you can unsubscribe at any time by
following the information found on the Site at the following web
page:http://www.followupwizard.com. To
correct or update information you have provided to FollowupWizard, send an
email to FollowupWizard at support@followupwizard.com.
4.3 Use of Group Data. FollowupWizard monitors user traffic
patterns, profiles and site usage to assist in the marketing, development, and
design of the Site and for business planning.
FollowupWizard may merge user information into mass group data files for
this purpose. FollowupWizard shall not
disclose any identifying information of any particular individual user which
would allow any party to identify or contact such user of the Site. Such personal identifying information shall
be kept confidential. FollowupWizard
will not sell, trade or rent your personal information to others. But, FollowupWizard may disclose to third
parties statistics regarding Site users in the aggregate.
4.4. Disclaimer and Liability
Limitations on Information Requests from Third Parties. FollowupWizard does not process credit card
purchases or provide any other merchant transaction services on-line. Rather, products are sold by third party
vendors who may request information from purchasers. FollowupWizard makes no warranties or representations whatsoever
with respect to these third party vendors.
Concerned users should review the third party vendor policies with
respect to privacy and protection of their personal and financial credit
information.
4.5. Use of Cookies. A “cookie” is information contained in a
file that FollowupWizard may place on your computer’s hard drive so that
FollowupWizard can remember information about you at a later time when you
visit the Site. FollowupWizard uses
cookies to remember certain information about you as a user of the site,
including your username and password, site preferences and what you have
already viewed on the Site. You can
view the cookies that have been stored on your hard drive by FollowupWizard or
any other website operator (although the content stored in each cookie may not
make much sense to you). For example,
Microsoft® Internet Explorer® stores each cookie as a separate file under a
Windows® subdirectory. Third parties
who advertise on the Site or have links on the Site may also use cookies. FollowupWizard makes no warranties or
representations with respect to these third parties, nor is FollowupWizard
liable for any claims of damages, whatsoever, incurred as a result of third
parties use of cookies on user’s hard drives.
4.6. Restrictions on Information
Collected. FollowupWizard does not
knowingly collect or solicit information from minors under the age of eighteen
(18). Upon notification from a parent
or guardian that a minor transmitted information to FollowupWizard, as directed
in the Notice Provision of these Terms of Use, FollowupWizard will remove or
destroy any such information.
4.7. Disclaimer and Limitation of
Liability with Respect to Information.
As with any on-line interaction and electronic communication, there is
an inherent risk involved in transmitting any information via the
Internet. FollowupWizard does not and
cannot guarantee that its system is free from hackers or viruses or that
information provided by users to FollowupWizard will not be stolen or otherwise
surreptitiously obtained. You hereby
acknowledge and understand that such risk is inherent in interacting with any
website, including this Site, and take full responsibility for any harm, danger
or damage that ensues due to any such breach in security. Pursuant to these Terms of Use,
FollowupWizard expressly disclaims any such liability.
4.9. Required Disclosures. FollowupWizard may release personal
information of Site users when it believes, in good faith, that such release is
legal and is required by law, or requested by subpoena or court order. FollowupWizard may also, in its discretion,
release such information to assist investigators, prosecutors, or third parties
in discovery with valid legal claims.
5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
5.1. NEITHER FOLLOWUPWIZARD NOR ANY
PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY
BREACHES; NOR DOES FOLLOWUPWIZARD, ANY PROVIDER OF CONTENT TO THE SITE, OR
THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM
USE OF THE SITE. THE SITE CONTENT IS
NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. FOLLOWUPWIZARD
AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE,
ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF
THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
5.2. NEITHER FOLLOWUPWIZARD, ANY THIRD
PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
5.3. WITHOUT WAIVING THE EXCLUSIVE
GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
FOLLOWUPWIZARD, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. GENERAL TERMS.
6.1. Notices. Notices by FollowupWizard to you may be
given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by
you may be given by electronic messages or conventional mail, unless otherwise
specified in these Terms of Use as follows:
(i) Electronic
mail (e-mail) must be sent to support@followupwizard.com.
(ii) Mail
and courier deliveries must be sent to:
FollowupWizard
P.O. Box 731870
Puyallup, WA 98373
6.2. Governing Law/Forum Selection.
These Terms of Use are governed by the laws of the State of Washington, USA
applicable to contracts made and performed solely in the State of Washington,
without regard to conflict of laws principles.
Any disputes regarding or related to this agreement shall be adjudicated
in the exclusive jurisdiction and venue of the courts in King County,
Washington, USA in any and all claims or disputes arising out of, to enforce,
construe, or otherwise relating to these Terms of Use or this Site.
6.3. Relationship Between the
Parties. Nothing contained in these
Terms of Use shall be construed to constitute you and FollowupWizard as
partners or joint venturers or to constitute employment or any type of agency.
6.4. Severability. If any provision of these Terms of Use is
held invalid, unenforceable or void, the remainder of the Terms of Use shall
not be affected thereby and shall continue in full force and effect.
6.5. Full Integration. These Terms of Use constitute the entire
agreement between you and FollowupWizard related to this Site. No prior or contemporaneous written, oral,
and electronic representation, negotiation, or agreement form a part of this
agreement, and these Terms of Use supersede all prior written, oral, or
electronic agreements between the you and FollowupWizard relating to this Site.
6.6. Written Agreement. These Terms of Use constitute a written
agreement between you and FollowupWizard.
A printed version of these Terms of Use, and of any notice given in
electronic form related to this agreement, shall be admissible in judicial or
administrative proceedings to the same extent, and subject to the same
restrictions, as other business contracts, documents, or records originally
generated and maintained in printed form.
THANK YOU FOR USING THE SITE.
