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Terms Of Service

WiseWear Master Terms of Service

Last Modified: June 1, 2015

Acceptance of the Master Terms of Service

Welcome to WiseWear Corporation (“WiseWear”, “Company”, “we” or “us”), the company that fuses together fashion, form, and function to bring the most advanced line of wearable offerings to the market. We sincerely thank you for your interest in our company and products, consisting of our Socialite™ accessories collection (collectively our “Product” or “Products”) designed to provide users with the most accurate data on their health and wellness which will work in tandem with the WiseWear mobile application (the “Mobile App”) to alert your network if and when you need emergency assistance, as well as other services and related websites which we may make available (collectively “Additional Services”). At our website, you can learn about and pre-order our Products; the Mobile App will be made available to you when the Products ship, estimated to be Fall 2015. The following terms and conditions together with any additional policies, terms, and agreements which are expressly incorporated by reference, collectively, the (“Master Terms of Service”), govern your access to and use of Products and of the

http://www.WiseWear.com

 

(“Website”) including any content, functionality, and Additional Services offered on or through the Website or the Mobile App (collectively the “Services”). The Mobile App shall have additional terms in a separate end user license agreement (“Mobile App”) and privacy policy (the “Mobile App Privacy Policy”), which shall be made available to you for acceptance when you access our Mobile App.

Please read the Master Terms of Service carefully before you start to use the Services or purchase our Products. By using the Website you accept and agree to be bound and abide by these Master Terms of Service and our Privacy Policy, found at

www.WiseWear.com/privacy,

 

incorporated herein by reference. If you do not want to agree to these Master Terms of Service or the Privacy Policy, you must not access or use the Website or Services.

This Website and our Services are offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Additional Service. By visiting our Website, pre-ordering or purchasing a Product, downloading our Mobile App or otherwise accessing or using the Services you agree that you have read, understood, and agree to be bound by this Master Terms of Service. If you do not agree, you may not use the Website or Services. You agree that you are solely responsible for the use of the Service and that your use is solely at your own risk.

License Grant

Subject to this Master Terms of Service, we grant you a limited, non-exclusive, non-transferable, revocable license to use any software for personal and non-commercial use that is provided by WiseWear via our Products that is pre-installed on, embedded in or incorporated into our jewelry or accessories (“Embedded Software”) solely in connection with your use of the Services with our Products as provided by us.

Changes to the Master Terms of Service

We may revise and update these Master Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter. Your continued use of the Website or Services following the posting of revised Master Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. When we make the Mobile App available, you will need to review and agree to the Mobile App and Mobile App Privacy Policy which shall then be referenced and fully incorporated into these Master Terms of Service

.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website as well as any Product or Service we provide access to or make available through the Website or our Mobile App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or our Mobile App is unavailable at any time or for any period.

You are responsible for:

▪ Making all arrangements necessary for you to have access to the Website or Services.

▪ Ensuring that all persons who access the Website or Services through your Internet connection are aware of these Master Terms of Service and comply with them.

To access the Website or Services or some of the resources it offers, you may be asked to provide certain registration details or other information including but not limited to personally identifiable information and credit card information. It is a condition of your use of the Website or Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with our Service or this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, located at

www.WiseWear.com/privacy,

 

and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Master Terms of Service.

Intellectual Property Rights

The Website, Service, our Products and the Mobile App and their entire contents, features and functionality (including but not limited to all information, software, hardware, packaging, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Master Terms of Service permit you to use the Website, Product, Mobile App and our Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

▪ Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

▪ You may store files that are automatically cached by your Web browser for display enhancement purposes.

▪ You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

▪ If you access our Mobile App for download, you may download a single copy to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our End User License Agreement (EULA) for such applications which shall be presented to you when you download our Mobile App.

▪ If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

▪ Modify or distribute copies of any materials from this Website.

▪ Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

▪ Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website, our Products or our Mobile App.

You must not access or use for any commercial purposes any part of the Website, Service or any Products we make available through the Website or our Mobile App. If you wish to make any use of material on the Website or our Mobile App other than that set out in this section, please address your request to: Info@WiseWear.com. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website, our Services or our Mobile App in breach of the Master Terms of Service, your right to use the Website, our Services and the Mobile App will cease immediately and you must discontinue use of our Services and, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, Services, Embedded Software, or our Mobile App or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this Master Terms of Service is a breach and may violate copyright, trademark and other laws.

Trademarks

The Company name, WiseWear, Inc. and the term WiseWear, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website, Products, Mobile App and Services only for lawful purposes and in accordance with these Master Terms of Service. You agree not to use the Website, Products, Mobile App and Services:

▪ In any way that violates any applicable federal, state, local or international law or regulation.

▪ For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

▪ To send, knowingly receive, upload, download, use or re-use any material, which does not comply with these Master Terms of Service.

▪ To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

▪ To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

▪ To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, Services or Mobile App or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

▪ Use the Website, Services, Product, or Mobile App in any manner that could disable, overburden, damage, or impair the Website, Services, Product or Mobile App or interfere with any other party’s use of the Website, Services, Product or Mobile App including their ability to engage in real time activities through them.

▪ Use any robot, spider or other automatic device, process or means to access the Website, Services, Product or Mobile App for any purpose, including monitoring or copying any of the material on the Website, Services, or Mobile App.

▪ Use any manual process to monitor or copy any of the material on the Website or Mobile App or for any other unauthorized purpose without our prior written consent.

▪ Use any device, software or routine that interferes with the proper working of the Website, Product, Services or Mobile App.

▪ Introduce any viruses, Trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful.

▪ Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, Products, Services or the Mobile App or the server on which the Website or Mobile App is stored, or any server, computer or database connected to the Website, Products, Services or our Mobile App.

▪ Attack the Website, Services or Mobile App via a denial-of-service attack or a distributed denial-of-service attack.

▪ Otherwise attempt to interfere with the proper working of the Website, Product, Services or Mobile App.

Monitoring and Enforcement; Termination
We have the right to:

▪ Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, Products, Services or Mobile App.

▪ Terminate or suspend your access to all or part of the Website or Mobile App for any or no reason, including without limitation, any violation of these Master Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AND ANY LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website now or in the future may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content or the products and services that we make available on this Website from time to time, but our content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy located at

www.WiseWear.com/privacy.

 

By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions. All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our terms of sale, which are as follows:

▪ You will be charged for the Product at the time of your purchase. You understand and agree that the Product may or may not function as described in our Website, though the Company has reason to believe it can deliver as specified and plans on making efforts to do so.

▪ You may exchange the jewelry or accessory you purchased at an equal or greater price at any time before it is shipped to you. If exchanging for a greater priced item, you will be charged for the difference between the jewelry or accessory as initially pre-ordered and the price of the item being substituted.

Additional terms and conditions may also apply to specific portions, Additional Services or features of the Website or our Mobile App. All such additional terms and conditions are hereby incorporated by this reference into these Master Terms of Service.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. This Website may provide certain social media features that enable you to:

▪ Link from your own or certain third-party websites to certain content on this Website.

▪ Send e-mails or other communications with certain content, or links to certain content, on this Website.

▪ Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features of the website solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

▪ Establish a link from any website that is not owned by you.

▪ Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

▪ Link to any part of the Website other than the homepage.

▪ Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Master Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the terms set out in these Master Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them. You agree that we are not responsible for any aspect of the information, content or functionality by any third party site accessible or linked from our Website or Service. You further agree that your interaction with any third party accessed through our Website is at your own risk and that the Company will have no liability with respects to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with the third party.

Geographic Restrictions

The Company is based in the state of Texas in the United States. We provide this Website and Services, for use only by persons located in the United States. We make no claims that the Website or any of the content, products or services is accessible or appropriate outside of the United States. Access to the Website and the products and services made available may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICE, PRODUCTS OR WEBSITE, WHETHER IN CONTRACT OR TORT, EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU IN THE SIX MONTH PERIOD ARISING BEFORE THE EVENT GIVING RISE TO CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Master Terms of Service or your use of the Website, including but not limited to any use of the Website’s content, Services and Products other than as expressly authorized in these Master Terms of Service or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website or Mobile App and this Master Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule of any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, this Master Terms of Service or the Website or mobile application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of San Antonio and County of San Antonio although we retain the right to bring any suit, action or proceeding against you for breach of these Master Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS MASTER TERMS OF SERVICE OR THE WEBSITE OR PRODUCTS PURCHASED FROM IT OR THE MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in this Master Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Master Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Master Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Master Terms of Service will continue in full force and effect.

Entire Agreement

The Master Terms of Service and our Privacy Policy, and our Mobile App EULA and Mobile App’s Privacy Policy constitute the sole and entire agreement between you and WiseWear, Inc. with respect to the Website, Products and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website, Products or our Services.

Your Comments and Concerns

This website is operated by WiseWear, Inc. All notices of copyright infringement claims should be sent to infoWiseWear.com. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Info@WiseWear.com. Thank you for visiting the Website.

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