terms of service
Last updated: October 27, 2017
These Terms of Service (“Terms”) govern your access to and use of the WirefreeThought.com website (the “Site”) and all content, services and products available at or through the website, including, but not limited to, all Wirefree Thought APIs (collectively, the “Service”). The Service is owned and operated by Wirefree Thought. Your access to and use of the Service is conditioned on your acceptance without modification of these Terms.
EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WIREFREE THOUGHT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Your Use Of The Service
General
By accessing or using any part of the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
Service Changes
The Service may change from time to time as we evolve, refine, and add more features to the Service, often without prior notice to you. Before we make a change to the Service that in our judgment may materially impact your integration with the Service, we will first publish the description of the intended change on the relevant Site blog. In this case, unless the change is security-related or in our judgment represents a critical fix, we will wait at least 7 days after the date of the blog post before instituting the change. It is your responsibility to monitor the blog and be aware of any such posts.
That said, Wirefree Thought may – either deliberately or due to circumstances beyond its control – temporarily or permanently stop providing the Service, or any features within the Service, to you or users generally, and may not be able to provide you with prior notice.
Caching Data
You are encouraged to cache any data made available through an open-source license as much as technically allowed by your business use-case. Otherwise, any data explicitly owned by Wirefree Thought may be cached for a maximum of 24 hours before it must be purged from your system.
Changes To These Terms
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective on the 3rd day after we post such revised Terms (indicated by revising the date at the top of these Terms), or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the Site for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
Privacy Policy
For information about how we collect and use information about users of the Service, please check out our privacy policy available at http://wirefreethought.com/privacy-policy.
Third-Party Services
From time to time, we may provide you with links to third-party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third-party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.
Your Account
You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your password, whether your password is with Wirefree Thought or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. Wirefree Thought cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Wirefree Thought immediately upon becoming aware of any breach of security or unauthorized use of your account.
Your Content
Some areas of the Service allow you to post information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. You retain ownership of your Content, but there are many things users may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. Wirefree Thought has no responsibility for that activity. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, or any other rights organization. Please consider carefully what you choose to share.
You are responsible for the Content that you make available to the Service, including its legality, reliability, and appropriateness. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You retain full ownership over your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display, and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of Wirefree Thought, its users, and the public.
Your Conduct
Wirefree Thought is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to, do the following things:
- use the Service for any unlawful purposes or for promotion of illegal activities;
- post any Content on the service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
- impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
- send unsolicited communications, promotions or advertisements, or spam;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
- access, tamper with, or use non-public areas of the Service, Wirefree Thought’s computer systems, or the technical delivery systems of Wirefree Thought’s providers;
- probe, scan, or test the vulnerability of any system, or breach or circumvent any security or authentication measures;
- access or search the Service by any means other than our publicly supported interfaces (for example, “scraping”);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
- interfere with, or disrupt, the access to any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable conduct.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
Wirefree Thought's License To You
Subject to these Terms, Wirefree Thought gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms of the Service. We can terminate this license at any time for any reason or for no reason.
Wirefree Thought Property, Copyrights, And Feedback
All right, title, and interest in and to the Service (excluding Content provided by users or a third party) are and will remain the exclusive property of Wirefree Thought and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Wirefree Thought name or any of the Wirefree Thought trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Wirefree Thought, or the Service, is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
No Warranty
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL WIREFREE THOUGHT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO WIREFREE THOUGHT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Copyright Complaints
We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers.
Governing Law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California, without regard to conflicts of law principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California located in Los Angeles, California, in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
Disputes
You may opt out of this agreement to arbitrate. If you do so, neither you nor Wirefree Thought can require the other to participate in an arbitration proceeding. To opt out, you must first notify Wirefree Thought in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Wirefree Thought LLC, 633 S. Prospect, Unit 204, Redondo Beach, CA 90277
You must include your name and residence address, the email address of your WirefreeThought.com account, and a clear statement that you want to opt out of this arbitration agreement.
Except if you opt-out, any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of three arbitrators. The place of the arbitration will be Los Angeles, California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
Termination
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Entire Agreement
These Terms constitute the entire agreement between you and Wirefree Thought regarding the use of the Service, superseding any prior agreements between you and Wirefree Thought relating to your use of the Service.
Questions & Contact Information
Questions or comments about the Service may be directed to us at the email address info@wirefreethought.com.