Simply WOW Agency

Terms of Use

 

Thank you for visiting Simply WOW Agency, formerly Customer WOW Project (“Simply WOW Agency”, “our”, “us”, or “we). We appreciate your interest in Simply WOW Agency’s online services (“Services”).

 

Acceptance of These Terms

 

This Agreement contains the Terms of Use governing your access and use of our Simply WOW Agency website (“Website”). These Terms of Use govern the use of the Services by you or any organization on whose behalf you use the Services (collectively referred to herein as you or “User”). Please read both these Terms of Use and our Privacy Policy carefully. By using our Website or Services, you accept and agree to be bound and abide by these Terms of Use and consent to our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Simply WOW Agency’s Website.

 

By using Simply WOW Agency’s Website, you represent and warrant that you are of legal age to form a binding contract with Simply WOW Agency and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website or Services.

 

Changes

 

We may modify and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. The date posted at the bottom of this page indicates the date of Simply WOW Agency’s most recent review or modification of these Terms. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 

INFORMATIONAL PURPOSES ONLY

 

The content and Services on our Website is strictly to be used for informational purposes only. We do not and cannot recommend or endorse any specific study, resource, or the like, that may appear on third party sites reached through links from our Website, and we are not liable for any inaccuracy of the same. You should perform your own due diligence to assess the suitability of the information on our website for your particular needs.

 

Similarly, while we trust that the individuals who are featured on our Website will treat you in an honest and fair manner, we do not verify the accurateness of the credentials or the competence of anyone who is featured. We have no responsibility if your experience with anyone featured on our website that is not satisfactory. Further, we endeavor to provide the most current and up-to-date information as possible on our Website; however, the information presented on our Website is subject to change at a moment’s notice, and we are not liable for any inaccurate or out-of-date information that is displayed on our Website. Simply WOW Agency reserves the right to accept, reject, or remove listings or advertising on the Website at any time.

 

Your Rights to Use the Services and Limitations of Those Rights

 

Subject to your compliance with these Terms of Use, Simply WOW Agency grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms of Use. You understand and acknowledge that: (a) the Services include content that is protected by copyrights, trademarks, or other intellectual property and proprietary rights ("Rights"); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Use and the applicable copyright, trademark, and other laws govern your use of such content. You shall have the burden of proving that any information, software, image, or any other content included in the Services is not protected by Rights. You acknowledge that you will not acquire any Rights by downloading or otherwise being provided such materials.

 

The rights granted to you in the paragraph above and elsewhere in these Terms of Use are subject to the following limitations:

 

  • You agree to use the Services only for lawful, personal, and informational purposes, and you agree that you will not use any resource made available by or for the benefit of Simply WOW Agency (together “Resources”) in any manner that is malicious or that violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party;

 

  • You agree not to copy, reproduce, distribute, display portions of, or link to any Simply WOW Agency Resources protected by the Rights for commercial purposes, or for any public display, without our prior express written consent;

 

  • You agree not to modify, copy, duplicate, or reproduce the Services and/or the Resources in any way;

 

  • You agree not to transfer the Services and/or the Resources to another person, regardless of whether or not such other person is a paying customer of Simply WOW Agency;

 

  • You agree not to post on or transmit into any Simply WOW Agency Resources any information that you know to be untrue, that is unlawful, fraudulent, threatening, malicious, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful, or that contains or links to a virus, bug, worm, malware, Trojan horse, or other harmful or disruptive element;

 

  • You agree not to use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine any Simply WOW Agency Resource for information or to fill out forms on any Simply WOW Agency Resource, that you will not circumvent any technical measures implemented to prevent or limit such access and that you will comply with the restrictions in any robot exclusion header;

 

  • You will not circumvent or attempt to circumvent any security or access control technology implemented on any resource available as part of the Services (including any Simply WOW Agency Site), or any servers, network or associated systems or physical premises operated by or for the benefit of Simply WOW Agency.

 

Simply WOW Agency reserves the right to view, monitor, and record activity on Simply WOW Agency Website without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on Simply WOW Agency Website is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on Simply WOW Agency Website.

 

Simply WOW Agency will also comply with all court orders involving requests for such information.

 

Ownership and Copyright Protection

 

The Simply WOW Agency Resources are protected by copyright under copyright laws, and are owned or controlled by, or licensed to, Simply WOW Agency’s or the party listed as the provider of the applicable Simply WOW Agency Resources. Simply WOW Agency also owns a copyright in the Simply WOW Agency Website as a collective work and/or compilation and database rights arising from the selection, coordination, arrangement, and enhancement of the content on Simply WOW Agency Website.

 

UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY SIMPLY WOW AGENCY RESOURCE CONTENT IS PROHIBITED.

 

Simply WOW Agency reserves for itself or on behalf of its licensors all rights not expressly granted by these Terms of Use.

 

In your use of the Services in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in Services. Company and product names used in the Services are properties of their respective owners. Simply WOW Agency marks may be used publicly only with permission from Simply WOW Agency. All rights reserved.

 

Third-Party Content and Products; Links to Other Websites

 

Some or all of the information and other materials or products available as part of the Services have been prepared or are being offered by third parties not affiliated with Simply WOW Agency. We have no responsibility or liability for any third party website not operated by us. Mortgage Moxie makes no warranties with regard to such information or other materials or products. The Services may include links to Websites and services not provided by Simply WOW Agency. Your interaction with these Websites and services will be subject to the terms (including privacy policies) established by such Websites or services. Simply WOW Agency is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through or advertised on such Websites or services, or their privacy or other practices.

 

Privacy and Security

 

We respect your right to privacy. Please read the Simply WOW Agency Privacy Policy before using any of the Services.

 

Termination

 

Simply WOW Agency reserves the right, in its sole discretion, to immediately modify, suspend or terminate Services and/or your access to some or all of them without cause and without notice.

 

Disclaimer of Warranties

 

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

 

YOUR USE OF ANY SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLY WOW AGENCY DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF USE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. SIMPLY WOW AGENCY MAKES NO WARRANTY THAT SIMPLY WOW AGENCY WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT SIMPLY WOW AGENCY WEBSITE WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SERVICES. SIMPLY WOW AGENCY IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SIMPLY WOW AGENCY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

 

Limitation of Liability

 

SIMPLY WOW AGENCY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MORTGAGE MOXIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, Simply WOW Agency’s liability is limited to the extent permitted by law, thereby minimizing Simply WOW Agency’s liability to you to the lowest amount permitted by applicable law.

 

Indemnification

 

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including, but not limited to, reasonable attorneys’ fees) that arise out of or are related to your use of the Services.

 

Choice of Law and Jurisdiction

 

These Terms of Use shall be governed by and construed in accordance with the laws of Colorado, excluding its conflict of laws provisions. Any action to enforce these Terms of Use will be brought in the federal or state courts in and for the state of Colorado, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction and venue of such courts.

 

Assignment

 

You may not transfer your account or your rights under these Terms to any other person or entity. We may, in our sole discretion, transfer, delegate, or assign our rights and obligations under these Terms to others without notifying you or obtaining your consent.

 

Binding Arbitration and Class Action Waiver

 

If you have a question, complaint, or a dispute relating in any way to your use of Simply WOW Agency’s Services, Website, or Resources, or relating in any way to Simply WOW Agency’s communications with you, we encourage you to bring it to our attention at the contact information stated below.

 

If we are unable to resolve a dispute ourselves, any dispute relating in any way to the Site shall be submitted to confidential arbitration in the City and County of Denver, Colorado, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the American Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

 

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

 

By agreeing to arbitration in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

 

You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known by you, or the claim or cause of action will be forever barred.

 

Waiver and Severability

 

No waiver by Simply WOW Agency of any term or condition set forth in these Terms of Use 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 Simply WOW Agency to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use 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 Terms of Use will continue in full force and effect.

 

Contact Information

 

If you have any questions about the contents of these Terms of Use, please contact us at:

 

Jessica Peterson

jessica@simplywowagency.com

970.682.4969
These Terms of Use were last updated on June 16, 2017.