Terms of Service
Updated February 21st, 2021
YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If the changes materially impacts the Terms, we will use reasonable efforts to bring it to your attention.
Thank you for registering with Wizard-Industries (“Wizard-Industries”, “we” or “us”). By creating an account, or using or accessing any Wizard-Industries or related services, you are agreeing to a legally binding relationship between you ("User", "you" or "your") and agree to all the terms and conditions of this Terms of Service Agreement (“Agreement”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. This Agreement does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.
If you are using an Wizard-Industries or related services on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement.
ACCOUNT REGISTRATION AND USE.
Customer and its Authorized Users may need to register for an Wizard-Industries account in order to place orders or to access the tools. Account information must be accurate, current, and complete. Customer agrees to keep this information up-to-date so that we may send notices, statements, and other information by email or through Customer’s account. Customer must ensure that any user IDs and passwords for the Wizard-Industries are kept strictly confidential and not shared with any unauthorized person. If any Authorized User stops working for Customer, Customer must immediately terminate that person’s access to its account and any Wizard-Industries Service. Customer will be responsible for any and all actions taken using its and its Authorized Users’ accounts and passwords. Customer must notify Wizard-Industries immediately of any breach of security or unauthorized use of its account. Accounts are granted to specific customers and must not be shared with others.
While the Agreement is in force, Wizard-Industries may include your company logo and profile on any web site it maintains for customers of Wizard-Industries’s services. You consent to publication of your company’s name by Wizard-Industries as a Wizard-Industries customer.
ACCEPTABLE USE POLICY.
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Wizard-Industries provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
FEES AND PAYMENT.
Customer agrees to pay all fees in U.S. dollars within one (1) day of the invoice date, unless a different currency or payment period is agreed upon in written form. Customers have the option to pay by credit card. If Customer is paying by credit card, it authorizes Wizard-Industries to charge fees and other amounts automatically to Customer’s credit card without invoice. Unless otherwise specified in an Order Form or Service-Specific Term, such charges typically occur monthly in advance, though overage fees (if any) may be charged in arrears. Payments are non-refundable and non-creditable and payment obligations non-cancellable.
When you purchase the services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made to Wizard-Industries by the method and at the recurring intervals you have agreed to, until the subscription for that service is terminated by you or by Wizard-Industries. By authorizing recurring payments, you are authorizing Wizard-Industries and/or Wizard-Industries’s authorized payment processors to store your payment instrument and process such payments. Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Wizard-Industries or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an electronic payment.
You must provide current, complete and accurate payment and billing information for your account. You must properly update all information to keep your account current, complete, and accurate (for example you must notify us of a change in billing address, credit card number, or credit card expiration date). Changes to such information may be made at https://wizard-industries.com/user/settings. Failure to keep such payment method details current and accurate may result in Wizard-Industries failure to collect applicable fees, and may result in the suspension or termination of your access to the Services.
If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to Wizard-Industries (collectively, “Feedback”), Customer hereby grants Wizard-Industries a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute and exploit any such Feedback in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in this Agreement limits Wizard-Industries’ right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
Customer will indemnify and hold Wizard-Industries harmless from and against any third-party claims and related costs, damages, liabilities and expenses (including reasonable attorney’s fees) arising from or pertaining to any Customer Data, Customer Property (including services or products provided through such property). Customer also agrees to defend Wizard-Industries against these claims at Wizard-Industries' request, but Wizard-Industries may participate in any claim through counsel of its own choosing and the parties will reasonably cooperate on any defense. Customer must not settle any claim without Wizard-Industries' prior written consent if the settlement does not fully release Wizard-Industries from liability or would require Wizard-Industries to admit fault, pay any amounts, or take or refrain from taking any action.
ALL WIZARD-INDUSTRIES TECHNOLOGY AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER WIZARD-INDUSTRIESNOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICUlAR PURPOSE OR NONINFRINGEMENT. WIZARD-INDUSTRIES DOES NOT WARRANT OR GUARANTEE THAT ANY WIZARD-INDUSTRIES TECHNOLOGY OR RELATED SERVICES (INCLUDING CHANGES CUSTOMER MAKES TO CUSTOMER PROPERTIES) WILL MEET CUSTOMER’S EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS, OR THAT USE OF THE WIZARD-INDUSTRIES TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR FREE. WIZARD-INDUSTRIES WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SERVICE FAILURES, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS OR CAUSED BY NON-WIZARD-INDUSTRIES SYSTEMS, NETWORKS, PRODUCTS OR SERVICES. WIZARD-INDUSTRIES CANNOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. CUSTOMER ACKNOWLEDGES THAT WIZARD-INDUSTRIES IS NOT A BUSINESS ASSOCIATE OR SUBCONTRACTOR (AS THOSE TERMS ARE DEFINED IN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT) AND THAT THE WIZARD-INDUSTRIES SERVICE IS NOT HIPAA COMPLIANT. IN NO EVENT SHALL WIZARD-INDUSTRIES BE RESPONSIBLE FOR ANY DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON USE OF ANY WIZARD-INDUSTRIES TECHNOLOGY OR RELATED SERVICES. THE DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WIZARD-INDUSTRIES OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WIZARD-INDUSTRIES'S OR ITS SUPPLIERS’ TOTAL LIABILITY TO CUSTOMER EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO WIZARD-INDUSTRIES FOR THE APPLICABLE WIZARD-INDUSTRIES SERVICE OR RELATED SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. FOR FREE ACCESS SUBSCRIPTIONS OR BETA RELEASES PROVIDED WITHOUT CHARGE, WIZARD-INDUSTRIES’S TOTAL LIABILITY SHALL NOT EXCEED IN AGGREGATE ONE U.S. DOLLARS ($1 US). NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY WIZARD-INDUSTRIES TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
RIGHT TO TERMINATE.
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
ACCURACY OF MATERIALS.
The materials appearing on our website are not comprehensive and are for general information purposes only. Wizard-Industries does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of California. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.