Last updated on April 13, 2012
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. If these terms and conditions are considered an offer by ArrowQuick, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
If you have any questions regarding the Terms of Service, please contact ArrowQuick via our Contact Us page.
- Your WibWabWeb Account and Site. If you create a site using the Services, you are responsible for maintaining the security of your account and site, regularly updating your personal information to assure account accuracy, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ArrowQuick may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause ArrowQuick liability. You must immediately notify ArrowQuick of any unauthorized uses of your site, your account or any other breaches of security. ArrowQuick will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a site, comment on a site, post material to a site, post links on a site, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ArrowQuick or otherwise; and
- you understand that by making your site public, you agree to allow others to view your Content;
- you understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In addition, you represent and warrant that:
- you are not using the Services as a remote storage server only;
- you are not accessing the Services through automated methods, including but not limited to the use of robots or other computer code which calls the Services, except where explicitly allowed;
- you will exercise caution when hosting large downloadable files (>10MB), which ArrowQuick may refuse to host; and
- you will not communicate verbal or written abuse of any kind (including threats of abuse or retribution) of any WibWabWeb customer, ArrowQuick employee, member, or officer.
By submitting Content to ArrowQuick for inclusion on your site, you grant ArrowQuick a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, ArrowQuick will use reasonable efforts to remove it from your site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ArrowQuick has the right (though not the obligation) to, in ArrowQuick‘s sole discretion (i) refuse or remove any content that, in ArrowQuick‘s reasonable opinion, violates any ArrowQuick policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in ArrowQuick‘s sole discretion. ArrowQuick will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. You agree to pay ArrowQuick the monthly or annual subscription fees indicated at http://wibwabweb.com/pricing in exchange for the services listed. Applicable fees will be invoiced starting from the day your Services are established and in advance of using such services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Changes to the Services and Fees. Fees for using the Services are subject to change upon thirty (30) days notice from ArrowQuick. ArrowQuick reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice. ArrowQuick shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
- Upgrades and Downgrades. You can opt to upgrade or downgrade your service to any other subscription agreement that ArrowQuick is currently offering for sale at any time during your subscription term. In the event of a service downgrade, a discount credit will be issued to your WibWabWeb account for the difference in the cost of the two subscriptions over the remainder of your original subscription term. This credit can be applied to future months of service with ArrowQuick, and is in no way transferable to a cash refund.
- Renewals. At the end of the subscription term, the subscription will automatically renew indefinitely until explicitly cancelled by you. Cancellation must be issued via the WibWabWeb site manager interface or via ArrowQuick‘s support addresses. Any cancellation issued must be done at least five (5) business days prior to the end of the subscription term to allow for adequate processing time.
- Refunds. ArrowQuick will not, under any circumstances, issue cash refunds for early subscription cancellation. All ArrowQuick accounts begin an obligation-free trial which will allow you to evaluate the Services. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit purchase.If you have a question about charges made to your account, please contact ArrowQuick immediately. If the charges were made in error, ArrowQuick will immediately credit your account or credit card account for the appropriate amount.
- Fraud. Without limiting any other remedies, ArrowQuick may suspend or terminate your account, and permanently blacklist and bar you from using the Services, if we suspect that you (by conviction, settlement, insurance or escrow investigation, invalid chargebacks, or otherwise) have engaged in fraudulent activity in connection with the Services.
- Responsibility of Website Visitors. ArrowQuick has not reviewed, and cannot review, all of the material, including computer software, posted to your site, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, ArrowQuick does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The sites provided under the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The sites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ArrowQuick disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WibWabWeb links, and that link to WibWabWeb. ArrowQuick does not have any control over those non-WibWabWeb websites and webpages, and is not responsible for their contents or their use. By linking to a non-WibWabWeb website or webpage, ArrowQuick does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ArrowQuick disclaims any responsibility for any harm resulting from your use of non-WibWabWeb websites and webpages.
- Copyright Infringement and DMCA Policy. As ArrowQuick asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WibWabWeb violates your copyright, you are encouraged to notify ArrowQuick by emailing email@example.com. ArrowQuick will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of ArrowQuick or others, ArrowQuick may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, ArrowQuick will have no obligation to provide a refund of any amounts previously paid to ArrowQuick.
- Intellectual Property. This Agreement does not transfer from ArrowQuick to you any ArrowQuick or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ArrowQuick. ArrowQuick, WibWabWeb, and all other trademarks, service marks, graphics and logos used in connection with wibwabweb.com, or the Services are trademarks or registered trademarks of ArrowQuick or ArrowQuick‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any ArrowQuick or third-party trademarks.
- Changes. ArrowQuick reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. ArrowQuick may also, in the future, offer new services and/or features or dis through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. You may cancel your account at any time via the WibWabWeb site manager interface or via ArrowQuick‘s support addresses. Once your account is cancelled, all of your Content will be immediately deleted from the Services.Your account can only be terminated by ArrowQuick if you materially breach this Agreement and fail to cure such breach within thirty (30) days from ArrowQuick‘s notice to you thereof; provided that, ArrowQuick can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Services are provided “as is”. ArrowQuick and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ArrowQuick nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
- Limitation of Liability. In no event will ArrowQuick, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ArrowQuick under this agreement during the twelve (12) month period prior to the cause of action. ArrowQuick shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless ArrowQuick, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between ArrowQuick and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ArrowQuick, or by the posting by ArrowQuick of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Iowa, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Iowa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Oskaloosa, Iowa, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ArrowQuick may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.