Terms and Conditions of Use and Service
Last updated: Nov 26, 2019
Copyright Woofy, Inc. 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Hellowoofy.com website operated by Woofy, Inc. (“us”, “we”, “Woofy” or “our”).
These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, or if you are under the age of 18 years old, then you do not have permission to access the Service, and must cease using or accessing the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving such communications from us by following the unsubscribe link or instructions provided in any email we send to the extent permitted.
If you wish to purchase any product or service made available through the Service (a “Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, the security code on the card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) that you have all required rights and authority to make such Purchase and that (iii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected but do not undertake any obligation to detect such fraud.
Availability, Errors and Inaccuracies
We are constantly working to update product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. You are encouraged to inform us of any errors that you find so that we may use the information to improve the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. You agree to hold us harmless for all errors, inaccuracies and omissions on the Service. We are not bound by typographical errors, in pricing or otherwise, and not required to honor any price entered, transmitted or displayed in error.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly, every 6 months, yearly, every 2 years or a single transaction for a lifetime access basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Woofy, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Woofy, Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Woofy, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information, and maintain a valid payment method with Woofy at all times. By submitting such payment information, you automatically authorize Woofy, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Woofy, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice, in addition to any late charges or fees agreed to in your Subscription.
Woofy, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). A Free Trial is a discount for the initial period of a Subscription and only encompasses only the discounts expressly stated and only for the Free Trial period.
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Woofy, Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Woofy, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Woofy, Inc. , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Woofy, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when, where, and to the extent that refund rights are required by law, or permitted pursuant to the following paragraph, paid Subscription fees are non-refundable. The reason for this is that you are not buying an application, but a license to use an application for a period of time, and that time of license and access cannot be ‘returned’ to Woofy for a refund.
Woofy does issue refunds for digital products within 30 days of the original purchase of the product, and only for the purchase price. The form of refund, by check, electronic funds transfer, refund through Paypal, or by placing money on a card, may be chosen by Woofy. Any fees or costs of such refund may be deducted from the refund.
We recommend contacting us for assistance if you experience any issues receiving or downloading our products.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found or alleged to be in violation of any law or infringing on a copyright.
You retain any and all intellectual rights you may have to any Content you submit, post or display on or through the Service and you (and not Woofy) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service and in any advertising or publicity of the Service.
Woofy, Inc. has the right but not the obligation to monitor and edit all Content provided by users. Your Content shall not violate any law at any time.
In addition, Content found on or through this Service are the property of Woofy, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You agree to keep copies and Backups of your Content –Woofy shall not be responsible for the loss of any Content and you expressly hold Woofy harmless for any and all loss of content for whatever reason, foreseeable or unforeseeable.
All Woofy generated suggestions for use, including, but not limited to emojis, are suggestions only. You agree that no such Content will be used or distributed without your human review and approval. Therefore you agree that Woofy shall not be liable for any Content suggestions. You expressly hold Woofy harmless for any and all content use or suggestions.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Woofy, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Woofy, Inc. You grant us an irrevocable license to use your intellectual property in marketing, and your amalgamated and statistical data, stripped of any identifiers and personal information, in any way we determine appropriate.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Woofy, Inc.
Woofy, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Woofy, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree not to link to any website that involves pornography, any activity illegal in your state, or any activity that would be unlawful to host on Woofy.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply inform Woofy that you are terminating use of the Service and discontinue using the Service. You agree that any such communication shall have the header “Termination of Account” or else Woofy can elect not to terminate our account and you agree to continue paying for your account until it is terminated. Such a title also permits your message to be correctly prioritized and handled. Terminations before automatic renewals of a Subscription must be received at least three business days before the renewal or may be held to be effective after the Renewal date by Woofy at Woofy’s sole discretion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Woofy, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
You agree not to charge money to anyone to use the Service or otherwise resell the Service or any licenses to use the Service or ay part thereof.
TO THE FULLEST EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, WOOFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, MADE EXPRESSLY OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT, VIRUS-FREE OR COMPUTER INFECTION OR OTHER VIRUS OR ELECTRONIC INFECTION, AND IMPLIED WARRANTIES ARISING FROM NEGOTIATIONS OR COMPLIANCE. ADDITIONALLY, IN THIS ACT YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED UNDER ANY APPLICABLE LAW, OR THE SERVICE OR ANY LINK IN THE SERVICE.
Limitation Of Liability
In no event shall Woofy, Inc. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, including, without limitation, losses resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You agree that in no instance can Woofy’s liability to you exceed the amount of money you have paid to Woofy.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Woofy, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions and Severability
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you if bared by applicable law.
If any term is held by any Court to be unlawful in any way, then the offending clause shall be deemed severed from this and Agreement and this Agreement shall be reforms to have the lawful terms that approximate the intent of the original agreement to the full extent lawful.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You irrevocably agree that the Courts in New York County, New York shall have exclusive jurisdiction over all disputes involving you and this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Assistance of Counsel
You have every right to have an attorney review this Contract and negotiate regarding the terms herein. You agree that no term herein is unclear or ambiguous. To any extent that an term in this Agreement should be in the future deemed ambiguous, you agree that such term shall not be construed against any party hereto as the “drafter” of such clause. The titles and headings that appear in the Terms and Conditions are for reference purposes only and will not be taken into account for purposes of the interpretation of this contract.
If you have any questions about these Terms, please contact us:
By email: email@example.com, or
By visiting this page on our website: hellowoofy.com