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TERMS AND CONDITIONS OF USE OF WENOTIFYYOU
- Acceptance of Terms
Welcome to WeNotifyYou, Inc. This agreement (“Agreement”) between WeNotifyYou, Inc. (“WeNotifyYou”)
and you governs your use of this Web Site (“Site”). By accessing and continuing to access this Site, you agree to be
bound by this Agreement and any amendments or modifications in effect from time
to time. This Agreement expressly
incorporates by reference and includes any guidelines, rules or disclaimers
that may be posted and updated from
time to time on specific WeNotifyYou Web Pages or on notices that are sent to
you. You understand that your right to
use the Site is derived solely from, and is expressly limited by, this
Agreement. WeNotifyYou reserves the right
to amend these terms and conditions from time to time. We encourage you to review these terms and
conditions upon each visit to this Site because any changes will be binding on
you.
- WeNotifyYou Content
This
site is owned by WeNotifyYou. All
rights are exclusively reserved to WeNotifyYou. You acknowledge that the Site may contain information,
communications, software, photos, text, video, graphics, music, sounds, images,
and other material and services (“Content”) which are provided by WeNotifyYou
or by licensors of WeNotifyYou. You
agree and acknowledge that the Content and its use or the use of this Site is
protected by copyright, trademark, and other intellectual property laws, that
these rights are valid and protected in all media now existing or later
developed, and that except as specifically provided in this Agreement, your use
of the Content shall be governed and constrained by applicable copyright,
trademark, and other intellectual property laws. In addition, the Site is protected by copyright as a collective
work and/or compilation, pursuant to U.S.
Copyright laws, international conventions, and other copyright
laws. Except as set forth in this
Agreement, you may not modify, adapt, translate, exhibit, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative works
from, distribute, perform, display, reverse engineer, decompile or dissemble,
or in any way exploit, any of the Content, materials or Site, in whole or in
part.
- WeNotifyYou Privacy Policy
By using our service, you consent to the collection and use of
certain personally identifiable information.
WeNotifyYou’s registration contract requires Users to give contact
information for the User. WeNotifyYou
may also collect personally identifiable information at other times. WeNotifyYou respects your privacy, and uses
such personally identifiable information only for its own internal
purposes. We will not sell, rent or
release a User’s personally identifiable information to any other party except
with the User’s explicit permission or under special circumstances. WeNotifyYou will not disclose information
about you or your content, except that you agree that WeNotifyYou may do so
to: a) comply with the law; b) comply
with legal process; c) enforce this Agreement; d) respond to claims that such
data violates the rights of third parties; and e) protect the interest of
WeNotifyYou and others.
Occasionally, WeNotifyYou uses your contact information to send to
you information about our company and the services we provide. The contact information is also used to
contact the user when necessary. If you
choose to opt out of receiving non-essential communications from us, please
e-mail us at support@WeNotifyYou.com.
WeNotifyYou uses a feature of your web browser called a “Cookie”
to assign a unique identification to your computer. Cookies are small data files that write to your hard drive when
you visit a site. A cookie assigns a
unique identification in order to “track” your visit to the site. WeNotifyYou creates and then uses cookies to
keep track of the areas you visit, to tell us whether you have visited the Site
previously, and to help us determine whether you came to the Site from a
particular link. WeNotifyYou also uses
this information in order to monitor how many people are using the Site and for
what purpose, to generate content on web pages specifically designed for you
and to market and promote the Site.
Your personally identifiable information cannot be linked to any of this
information. Please note that operators
of linked sites may also use cookies if you select their advertisements or
links to their sites. WeNotifyYou
cannot control the use of cookies or management of information gathered by
these entities. Please be aware that
when clicking on one of these links, you are being transferred to another Site
that may have privacy policies that are different than ours.
This Site is not intended or designed to attract children under
the age of 13. We do not collect
Personal Information directly from any person we actually know is a child under
the age of 13.
If you would like to review your personal information, or to
request that we update your personal information, please contact WeNotifyYou at
support@WeNotifyYou.com.
Security Policy
WeNotifyYou recognizes that your privacy is important to you. WeNotifyYou takes several security
precautions with respect to both your personal information and other
information stored and disseminated through our service, and strives to keep it
accurate. We carefully attempt to
protect this information from loss, destruction, falsification, manipulation,
and unauthorized access or unauthorized disclosure. WeNotifyYou has implemented security measures in accordance with
industry-standard practice.
With respect to WeNotifyYou’s employees, access to your
information is restricted to those employees who require access in order to
perform their employment duties.
Furthermore, all company employees are required to abide by this Privacy
Policy and are subject to disciplinary action, up to and including dismissal,
for breach of its provisions.
Except as otherwise explicitly set forth herein, WeNotifyYou, its
affiliates and their service providers do not represent, warrant or guarantee
that your information will be protected against infiltration, loss, misuse or
alterations and do not accept any liability for information submitted to them
nor for your or third parties’ use or misuse of your Information.
Pricing Policy
WeNotifyYou’s Basic and Corporate pricing arrangement consists of
an annual subscription and usage based billing for each critical date
entered. Pricing for our Enterprise
Tier consists of an annual licensing fee. The pricing reflects a minimal cost
investment per contract or document in comparison to the overall value inherent
in each contract or transaction.
Subscription – an annual fee per client. The subscription includes full access to all
features of the service including:
reports, contact management, date notification entry and management,
multiple account users and unlimited usage of the Third Party notice option.
Notification – One time critical date fee tied to the event date
entered, regardless of how many e-mails are sent to ensure a user and his/her
contacts receive the appropriate notification.
Clients are billed when the event is entered in the system.
Fee Structure -
| Membership Level | Annual Subscription Fee | One Time Fee per Critical Event |
|
| Basic | $50 | $50 |
| Corporate | $250 | $35 |
| Enterprise | * | * |
*Enterprise
applications and discounts are available for interested customers. Please e-mail us at support@WeNotifyYou.com to
find the best program for your needs.
E-mail service - included in the standard fee is the full breadth
of services:- A client can choose 1 to
10 contacts to receive the notification
- Choose 1 to 3 dates to send the notification
- This would result in 1 to 30 e-mail messages being sent
based upon the client’s desires.
- The
notifications are tracked to ensure receipt through an acknowledgement process
- Additional e-mails and phone contact will be made until an acknowledgement
of receipt is received by at least one primary contact.
- All for the single critical date fee!
Certified Mail – For an additional $15, receive one letter via
certified mail along with the e-mail notification(s) for a critical event.
Disclaimer of Warranties
(A)
YOUR
USE OF THIS SITE, THE INFORMATION PROVIDED, AND THE WENOTIFYYOU SERVICE IS
SOLELY AT YOUR OWN RISK. THE SITE AND
ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WENOTIFYYOU EXPRESSLY DISCLAIMS ALL OTHER
GUARANTEES, ASSUANCES, WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL
USAGE OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B)
Use of the information on this Site or the WeNotifyYou services
is voluntary, and reliance on it should only be undertaken after an independent
review of its accuracy, completeness, efficacy, and timeliness. Reference to any specific commercial
product, content provider, process or service by trade name, trademark, service
mark, manufacturer, or otherwise does not constitute or imply endorsement,
recommendation, or favoring by WeNotifyYou.
(C)
WeNotifyYou
assumes no responsibility for consequences resulting from the use of the
information or services, or in any respect for the content of such information,
including without limitation errors or omissions, the accuracy or
reasonableness of assumptions or conclusions, the defamatory nature of
statements, ownership of copyright or other intellectual property rights, and
the violation of property, privacy or personal rights of others.
(D)
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WENOTIFYYOU SHALL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA LOSS, OR OTHER RESULTING LOSSES (EVEN IF WENOTIFYYOU HAS BEEN ADVISED
TO THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (I) YOUR USE OR INABILITY TO
USE THE SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE
PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR
SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN; (III) ANY LINK PROVIDED
IN CONNECTION WITH THE SITE; OR (IV) ANY MATTER OTHERWISE RELATED TO YOUR USE
OF THE SITE. IN ALL EVENTS,
WENOTIFYYOU’S LIABILITY SHALL BE LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY USER TO WENOTIFYYOU IN THE TWELVE(12)
MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE, WHICH SHALL BE YOUR EXCLUSIVE REMEDY.
Links
This
Site may contain links to other Sites.
You acknowledge and agree that such links are provided for your
convenience and do not reflect any endorsement by or of WeNotifyYou with
respect to the provider of such linked site.
WeNotifyYou is not responsible in any manner for any matter associated
with the linked site. WENOTIFYYOU MAKES
NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT
YOUR OWN RISK. In addition, please be
aware that your use of any linked site is subject to the terms and conditions
applicable to that site. Please direct
any questions regarding linked sites to the Webmaster of that site.
Notices
Any notice, request, demand, instruction or other communication to
WeNotifyYou that is required or permitted under this Agreement shall be in
writing and shall be deemed to have been given if delivered by certified mail
or registered mail (return receipt requested), postage pre-paid, addressed to
the following party at the following address:
C. David Goldman
McDermott, Will & Emery
50 Rockefeller Plaza
New York, NY 10020
212-547-5512
212-547-5444 (fax)
And via E-Mail through WeNotifyYou, Inc. using the following
method:
1) Log
on to www.WeNotifyYou.com/notices
2) Insert "wenotifyyou" in the Account Number field
3) Supply
a subject in the Subject field
4) Paste or
type the text of the notice in the “Notice Text” field.
Any notice, request, demand, instruction or other communication to
you that is required or permitted under this Agreement shall be sent by
Certified Mail to you using the address information provided in your
registration agreement.
Termination
You
acknowledge that WeNotifyYou has the right to terminate use without notice for
any user who breaches the terms of this Agreement, who restricts, inhibits or
disrupts aspect of the WeNotifyYou service, or attempts to alter or improperly
access any feature or function of the site.
Jurisdiction
This
Agreement has been made in and shall be construed and enforced in accordance
with the laws of the state of New Jersey without regard to principles of
conflict of laws. You agree to submit
yourself to jurisdiction in New Jersey with respect to any action arising from
this Agreement or your use of this Site or service.
Force Majeure
WeNotifyYou shall be excused from delays in performing or from its
failure to perform hereunder to the extent that such delays or failures result
from causes beyond the reasonable control of WeNotifyYou; provided that, in
order to be excused from delay or failure to perform, WeNotifyYou must act
diligently to remedy the cause of such delay or failure.
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