PLEASE READ THE FOLLOWING LICENSE AGREEMENT BEFORE USING WOWMI’S CONTENT SERVICES AND SOFTWARE. BY ACCEPTING THIS LICENSE AGREEMENT, YOU ARE ACKNOWLEDGING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN.
This License Agreement – General Terms and Conditions (“Agreement”) governs your (hereafter “you” or “your”) access to and use of WOWMI’S Saas software known as WOWMi content service (“Software”) and related services (collectively hereinafter the “Services”) provided by WOWMI, LLC, a California limited liability company (“we” or “WOWMI”).
2.1 Your use of and access to the Services are conditioned upon your acceptance of the terms and conditions of this Agreement. By accepting this Agreement, you acknowledge and agree to be legally bound by the terms and conditions of use contained herein. If you do not accept the terms of this Agreement and do not desire to be legally bound thereby, you will not be granted any license to use WOWMI’s Services, and you may not use the Services. YOUR SIGNATURE (THROUGH ELECTRONIC ACCEPTANCE) OF THIS AGREEMENT CONSTITUTES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.
2.2 The technology related to the Services is constantly changing and further developing. As such, WOWMI reserves the right to change the terms in this Agreement at any time. WOWMI will notify of any such changes by publishing the updated terms and conditions on its website at www.wowmi.com. If you do not agree with the modification, then you may not use the Services; your continued access or use of the Services after notice indicates your acceptance of the modified terms. Changes shall take effect immediately upon publication. WOWMI reserves the right to change the look and feel of its website, mobile application as well as the way any content, data or information is displayed.
3.1 This Agreement commences as of the date on which you have accepted this Agreement or when you first began use of the Services, whichever is the earlier to occur (“Effective Date”).
4.1 From the Effective Date, WOWMI grants to you a limited, revocable, non-exclusive, non-transferable license to use the Services for the duration of this Agreement, subject to the terms and conditions as set forth herein (“License”). The License does not grant you the right to use the Services in any manner not expressly permitted in this Agreement, and all rights not expressly granted to you in this Agreement are retained by WOWMI. The License shall automatically terminate upon termination of this Agreement or as otherwise set forth in this Agreement. You agree not to access (or attempt to access) any of the Services by any means other than through the interfaces that are provided by WOWMI. You agree that you will not engage in activity that interferes with or disrupts the Services.
4.2 You understand and agree that the Services are being provided to you for your personal use only, and shall be used only for the purpose intended. You acknowledge and agree that you shall not commit any of the following acts in connection with the Services: (i) access or log in to, or attempt to access or log in to, any account or data that is not associated with your account or use of the Services; (ii) use any data obtained through your use of the Services for any unlawful purpose or in violation of any federal, state, or local law, regulation, or term or condition of this Agreement; (iii) willfully tamper or interfere with, or breach or attempt to breach, any of WOWMI’s security or authentication measures; (iv) copy the Services, in whole or in part; (v) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services; (vi) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Software; (vii) lend, sell, sublicense, assign, distribute, publish, or transfer the Services to any person other than end users, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service except as part of the Services; (viii) utilize the Services to reverse engineer, disassemble, decompile, decode or adapt the Services, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part; (ix) reverse engineer, disassemble, decompile, decode, or adapt the Software, or otherwise attempt to derive or gain access to the source code of the Software, in whole or in part; (x) bypass or breach any security device or protection used for or contained in the Software or documentation; (xi) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the Software or documentation; (xii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable Law; (xii) use the Services for purposes of: (a) benchmarking or competitive analysis of the Software; (b) developing, using or providing a competing software product or service; or (c) any other purpose that is to WOWMI’s detriment or commercial disadvantage; (xiii) use the Services other than for the permitted use or in any manner or for any purpose or application not expressly permitted by this Agreement; or (xiv) assign, sell, lease, 29license, transfer, encumber or pledge as security, permit liens against or otherwise convey any rights therein.
4.3 You are responsible for the use of the Services. You agree to comply with all applicable laws, ordinances, rules and regulations of each applicable federal, state, local or foreign government and any agency or public authority thereof, and to indemnify and hold WOWMI harmless from liability or loss by reason of any asserted or established violation of said laws, ordinances, rules, or regulations by you.
4.4 The Services may be subject to updates from time to time which you hereby agree to accept with or without notice. Such updates may either be automatically download and installed in your device or you may be provided with instructions to complete such updates whereupon you will promptly comply with such instructions. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and complete new versions. You agree to receive such updates, and authorize WOWMI to provide you with any updates, as part of your use of the Services.
5.1 Payment Information: You agree to provide WOWMi with accurate payment information, including a current, valid credit card number, expiration date, and other payment-related details. By submitting your payment information via the WOWMi Portal, you authorize WOWMi to automatically charge your credit card for all charges applicable to your use of the Service (“Fees”). If your credit card is canceled or expires, you must promptly provide updated payment information to maintain uninterrupted access.
5.2 Fee Commitment: Upon accepting this Agreement, you agree to pay the Fees for the Service as outlined in your installment plan or subscription agreement, covering a 12-month Subscription Term as defined in Section 2.
5.3 30-Day Money Back Guarantee: We’re committed to your satisfaction and offer a 30-day money-back guarantee for all users, subject to these terms:
5.4 Refund Policy Outside Guarantee: Except as provided in Section 5.3, all Fees are non-refunded. You will retain access to the Service until the end of your Subscription Term, and no credits or refunds will be issued for outages, disruptions, or dissatisfaction with the Service’s operation, capability, installation, or repair.
5.5 Late Payment and Consequences: Failure to make a payment within 10 days of its due date may result in suspension of your access to the Service until payments are current. WOWMi may pursue legal remedies to recover outstanding balances, including collection costs and reasonable attorney fees. Reversing charges for any Fees may lead to immediate termination, and any payments for the remaining Subscription Term will become due immediately, as outlined in Section 7. WOWMi may reactivate your Service upon full payment of outstanding amounts and any applicable reactivation fees, at its discretion.
5.6 Taxes: You agree to pay all applicable sales, use, or other taxes, fees, or charges required by federal, state, or local laws related to the Service, unless otherwise stated in this Agreement.
5.7 Fee Changes: WOWMi may modify its Fees at any time, with written notice to you via email or other written communication. Continued use of the Service after such notice constitutes acceptance of the revised Fees.
6.1 This Agreement commences as of the Effective Date and will continue for the twelve month Subscription Period (hereafter “Initial Subscription Period”), unless terminated earlier by WOWMI under the terms of hereof.
6.2 After the Initial Subscription Period, this Agreement will renew automatically for an additional Subscription Period (“Renewal Subscription Period”) (the Initial Subscription Period together with any Renewal Subscription Periods, collectively, the “Subscription Term”). If you wish to terminate this Agreement at the end of the Initial Subscription Period, or at the end of any subsequent Renewal Subscription Period, then you must notify WOWMI with your request to terminate at least thirty (30) days prior to the end of the Initial Subscription Period, or current Renewal Subscription Period, as the case may be. Your request may be submitted in one of the following ways: By e-mail to support@wowmi.com
6.3 Each month during your Subscription Term, the applicable Fees shall be automatically charged to your credit card on file as a prepayment for the subsequent month’s use, unless and until you terminate the Services in accordance with the terms provided herein. For example, if the Effective Date is January 5th, then the Monthly Cost will be charged to your credit card on the 5th of every month during the Subscription Term.
6.4 WOWMi may, with or without notice to you, terminate this Agreement immediately in the event you, or your authorized users, breach or violate any of the terms set forth in this Agreement including but not limited to the use restrictions set forth herein, at which time you shall forfeit your rights to the use of the Services.
6.5 This Agreement may be terminated by WOWMI, which termination shall be effective without notice, upon the occurrence to you of any act, determination, filing, judgment, declaration, notice, appointment of receiver, liquidator, examiner or trustee, failure to pay debts or other events under any applicable laws of the jurisdiction indicating your insolvency or bankruptcy or WOWMI receiving the notice of the same from you, your representative or any third parties.
6.6 Notwithstanding the foregoing and controlling over all inconsistent or contrary provision which may appear in this Agreement , WOWMi shall have the right to terminate this Agreement or the Services at any time with or without cause by giving you written notice of such termination, to be effective upon WOWMI sending of such notice to your email address on WOWMi’s record.
6.7 Upon termination, your customer account will be deleted and any rights granted to you under this Agreement will be immediately revoked, including, but not limited to, your right to access any data produced in connection with your use of the Services in any manner, and you agree to promptly and permanently delete any and all copies of the Software that are in your possession or control, unless provided otherwise in writing by WOWMi.
7.1 All rights and title of ownership in the Software shall at all times remain the property of WOWMI, and you acknowledge and agree that this Agreement does not grant you any right to copy, transfer, disclose, or own any or all portion of the Software. WOWMI reserves sole and exclusive ownership of the Software and all proprietary rights therein, including all copyrights, patents, trademarks, and other intellectual property rights.
7.2 With respect to the geolocation data produced during your use of the Services, all such data shall belong to you and shall constitute your property. You agree that WOWMI may use and disclose such data, whether in aggregated and anonymized form or otherwise, for purposes of performing its obligations under this Agreement and as otherwise required in connection with the operation, support, maintenance, improvement, or other use of the Services and any information, content, materials, applications, products or services made available on, through or in connection therewith. During the term of this Agreement, you will be able to access the data through your customer account, where you will be able to view, use, print, and save such data at your convenience. You understand that your customer account will be deleted upon termination of this Agreement, and that your right to access any data produced in connection with your use of the Services shall be immediately revoked upon termination. You acknowledge and agree that WOWMI is not responsible for maintaining your data after termination of this Agreement, and that WOWMI shall not be liable for any loss of data after termination.
7.3 At WOWMI’s request, you may be asked to provide a review or evaluation of the Services for WOWMi’s internal use. You hereby acknowledge and agree that any comments or feedback relating to the Services will become the property of WOWMI upon receipt and may be used by WOWMI for business and/or related purposes.
8.1 The Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that WOWMI has no obligation whatsoever to provide any maintenance or support relating to the Software during the term of your use of the Services. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE IN SECTION 9.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWMI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
8.2 The Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that WOWMI has no obligation whatsoever to provide any maintenance or support relating to the Software during the term of your use of the Services. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE IN SECTION 9.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWMI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
8.3 IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WOWMI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO: (1) THE ACCURACY, ADEQUACY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION WITHIN THE SOFTWARE; OR (2) THE SECURITY, UNINTERRUPTION, AVAILABILITY, OR ERROR-FREE BASIS OF THE SOFTWARE, OR ABILITY TO MEET YOUR REQUIREMENTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
4.1 All copyrights, patents, trademarks, or other proprietary rights provided by WOWMI or its affiliates in connection with its Services belong to WOWMI or its affiliates, and such proprietary rights are protected from unauthorized copying or dissemination by applicable copyright and trademark laws, international conventions, and other intellectual property laws. You understand that you may not use, reproduce, republish, transmit, or distribute the name of WOWMI or any of its proprietary rights without obtaining WOWMi's express prior written consent, and that you may not attempt to modify, translate, reverse engineer, disassemble, decompile, or otherwise try to discover any of the underlying ideas of any portion of the Services. All other rights in the Services not expressly granted herein are reserved.
4.2 Controlling over any contrary provisions herein, you acknowledge that any breach of any provision of this Section will cause immediate and irreparable injury to WOWMI or its affiliates, and in the event of such breach, WOWMI and/or its affiliates shall be entitled to seek injunctive relief in a court of law in addition to any and all other remedies available at law or in equity.
5.1 You understand that access to your account and data is protected by a username and password, which is chosen and can be changed by you. You understand and agree that you are entirely responsible for the recordation and control of your use name and password, and that you will be solely responsible for any use thereof. You agree that WOWMI shall not be liable or responsible for the use or misuse of any username or password, and that you are entirely responsible for maintaining confidentiality with respect to your username, password, and account information, as well as any and all activities that occur within your account. If you suspect there has been a security breach or unauthorized use of your account, you agree that you will immediately notify WOWMI. WOWMI shall not be liable for any unauthorized access to your account or for any claims or actions associated therewith.
5.2 You understand that the Services may be temporarily interrupted, or otherwise become inaccessible, inoperable, or delayed due to reasons beyond WOWMI’s control, including, but not limited to, the following: (i) lack of wireless network coverage in a geographic area or restrictions on wireless coverage; (ii) geographic, atmospheric, or terrain conditions, or other natural or artificial environmental conditions beyond WOWMI’s control, including, but not limited to, electrical storms, floods, fires, or power failures; (iii) equipment malfunctions or damage; (iv) network traffic or congestion; (v) interruptions in or unavailability of internet connection; (vi) modifications, upgrades, repairs, or other interference with or to the network transmissions or services; (vii) obstruction of satellite signal transmissions caused by buildings, overpasses, parking garages, underground tunnels or structures, or other large objects; (viii) lack of sufficient power or operating capability of the Device; (ix) government regulations or any changes in rules, regulations, or policies made by the Federal Communications Commission (“FCC”) or other authorized or regulating governmental authorities; (x) any third party communication provider’s unilateral decision to discontinue, suspend, or terminate its provision of communication services; or (xi) any other reason beyond WOWMI’s control. You understand that the Services are limited to usage within the United States, and may be further limited if outside the network coverage area provided by the wireless carriers. You agree that WOWMI shall not have any responsibility with respect to the third party communication providers, GPS or similar technology, cellular telephone networks or wireless carriers, or any data transmitted thereby or therein. In addition, you acknowledge and agree that WOWMI shall not, in any manner, be liable or responsible for any interruptions, disruptions, or delays in the Services for any reason whatsoever, or for any costs, losses, or damages, including indirect, consequential, punitive, special, or incidental or other damages, that may result for any such interruptions, disruptions, or delays in the Services. You further agree that you will not be entitled to any discounts or refunds as a result of any such interruptions in the Services.
5.3 You acknowledge and agree that WOWMI cannot warrant or guarantee the security of the wireless signal transmissions that are made to or from third party communications providers or the information transmitted therein, and that WOWMI shall not be liable or responsible for any lack of security relating to your use of the Services.
5.4 You acknowledge and agree that you are solely responsible for any risk that you take in subscribing to the Services. IN NO EVENT SHALL WOWMI, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS INCLUDING BUT NOT LIMITED TO CALAMP, BRAND LICENSEES OR SUPPLIERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY "WOWMI PARTIES"), BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL OR OTHER DAMAGES, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER TANGIBLE LOSSES RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE DEVICE OR SOFTWARE OR THE CONTENT THEREIN, INCLUDING, BUT NOT LIMITED TO, THE INABILITY TO ACCESS OR USE THE SERVICES CAUSED BY INTERFERENCE, OBSTRUCTION, OR INTERRUPTION IN SERVICES, EVEN IF THE WOWMI PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES.
5.5 NOTWITHSTANDING THE ABOVE, UNDER NO CIRCUMSTANCES WILL THE MAXIMUM AGGREGATE LIABILITY OF THE WOWMI PARTIES, EITHER INDIVIDUALLY OR COLLECTIVELY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE FEES PAID BY YOU FOR YOUR USE OF THE SERVICES, NOR SHALL ANY ACTION BE BROUGHT AGAINST THE WOWMI PARTIES FOR ANY BREACH HEREOF MORE THAN TWELVE (12) MONTHS FOLLOWING THE ACCRUAL OF SUCH CAUSE OF ACTION.
5.6 WOWMI will have no liability for a failure to provide, or for delay in providing the Services due directly or indirectly to certain technological and other limitations as described herein or as may otherwise occur.
6.1 You agree to defend, indemnify and hold harmless WOWMI, its affiliates, subsidiaries, brand licensees, other partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns, from and against any demands, claims, damages, liabilities, costs, expenses (including reasonable attorneys' fees, expert fees, and litigation costs), or causes of action of any kind or character that arise out of, result from, or are otherwise connected with your, your officers, directors, employees, agents, assigns, invitees, or other users of the Services or any breach or violation of the terms of this Agreement. This provision and the obligations contained herein shall survive the termination of this Agreement.
7.1 You acknowledge that the Services contain proprietary and confidential information of WOWMI, which WOWMI considers to constitute valuable trade secrets. “Confidential Information” shall include the Software, any data, features, results, graphs, systems, designs, or output produced by, or other information relating to, the Software, any business or technical information of WOWMI, and any trade secret or proprietary information concerning WOWMI. You agree that you will keep and maintain all Confidential Information of WOWMI in strict confidence, using such degree of care as you would use to protect your own confidential information, that you will not use any such Confidential Information for your own purposes, and that you will not use or disclose any Confidential Information of WOWMI to any third party unless you obtain the prior written consent of WOWMI. If you are a company or other organization, you are permitted to disclose Confidential Information only to those individuals within your company or organization who have a need to know such information in order to perform their job functions; provided, however, that you agree to be responsible for all such individuals’ compliance with the terms of this Agreement.
7.2 “Confidential Information” shall not include any information that is lawfully in your possession at the time of disclosure, is or later becomes generally known to the public through no fault of your own or breach of this Agreement, is independently developed by you without reference to any Confidential Information provided by WOWMI, or is lawfully obtained from a third party who is not in breach of any confidentiality obligations owed to WOWMI. If you are required to disclose Confidential Information pursuant to law or legal order, you agree to promptly provide WOWMI with written notification of such requirement, and cooperate with WOWMI such that it will be able to take appropriate action to protect its Confidential Information.
8.1 The parties agree that any and all disputes, disagreements, controversies, claims, or other causes of action which may arise between the parties in relation to or in connection with this Agreement shall be submitted to arbitration in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”) in Orange County, California, before a single arbitrator. AAA shall provide the parties with a list of at least three (3) neutral arbitrators from which the parties shall mutually select the arbitrator. Should the parties fail to agree upon an arbitrator, AAA shall make the selection for them. Arbitration shall be held and conducted before the selected arbitrator, whose decision shall be final and binding upon both parties. The costs and fees of the arbitrator shall be borne equally between the parties, and the parties agree that the prevailing party in the arbitration may collect all or a portion of its reasonable attorneys’ fees at the discretion of the arbitrator. Any arbitration proceeding shall be completed expeditiously and without undue delay or expense. In no event shall the demand for arbitration be made after the date upon which the institution of legal or equitable proceedings based upon the dispute, disagreement, controversy, claim, or other cause of action giving rise to the arbitration proceeding would be barred by the applicable statute of limitations. In the event either party commences litigation regarding any matter arising out of or in connection with this Agreement, the other party shall have the absolute right to have such litigation dismissed, and shall have the right to either request that the court refer the matter to arbitration or institute an arbitration proceeding which shall supersede and take precedence over any court proceedings. All attorneys’ fees and costs incurred by either party in opposing and/or obtaining a dismissal of such non-arbitration proceedings shall be recoverable against the party initiating such proceedings.
8.2 YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF A CLASS IN A CLASS ACTION.
8.3 YOU HEREBY AGREE THAT ANY CLAIM OR DISPUTE WILL BE DECIDED BY ARBITRATION AND NOT IN COURT OR BY A JURY TRIAL. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO HAVE ANY CLAIM OR DISPUTE RESOLVED BY A JURY.
9.1 Waiver. No failure on the part of WOWMI to enforce any part of this Agreement shall constitute a waiver of any of WOWMi’s rights herein, whether for past or future actions on the part of any person. Neither the receipt of any funds by WOWMI nor the reliance of any person on WOWMi’s actions shall be deemed to constitute a waiver of any part of this Agreement. No waiver of this Agreement will be deemed effective or enforceable unless in a writing signed by the party to be bound by the waiver.
9.2 Assignment. You may not assign this Agreement, in whole or in part, without WOWMi's prior written consent which consent may be withheld by WOWMI in its sole and absolute discretion. Any attempt to assign or delegate any rights, duties or obligations arising under this Agreement in contravention of the above shall be deemed null and void. Notwithstanding the foregoing, this Agreement, or any portion thereof, is fully assignable or transferable by WOWMI to any person or entity and shall inure to the benefit of such assignee or successor.
9.3 Severability. In the event that any provision in this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall remain in full force and effect.
9.4 Governing Law; Forum Selection. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles. The parties agree to the exclusive jurisdiction of, and venue in, the state or federal courts located in Orange County, California, with respect to any disputes, claims, or causes of action arising out of, relating to, or in connection with this Agreement or your use of the Services, including any disputes relating to the existence or validity of the terms of this Agreement.
9.5 Headings. The headings of the sections contained herein are inserted for convenience only, and shall not constitute a part hereof or affect in any way the meaning or interpretation of the terms of this Agreement.
9.6 Survival. All provisions hereof relating to restrictions on use and representation (Section 4), payment obligations (Section 5), privacy policy and disclosures (Section 7), ownership (Section 8), proprietary rights (Section 10), limitation of liability (Section 11), indemnification (Section 12), confidentiality (Section 13), dispute resolution (Section 14), and general terms (Section 15) shall survive the termination of this Agreement.
9.7 Entire Agreement. This Agreement, and attached Schedules as incorporated herein, constitutes the entire agreement between you and WOWMI regarding your use of the Services, and supersedes and replaces any prior or contemporaneous agreements and understandings regarding the subject matter hereof, whether written or oral.
9.8 Force Majeure. Without limiting the limitation of liabilities set forth in this Agreement, in no event shall WOWMI be responsible for any damage, loss, injury or harm resulting from matters beyond WOWMi's reasonable control including but not limited to strike, lockout or labor dispute, lack or failure of customary sources of supply of fuel, labor and materials, national emergency, any law or governmental rule, order or regulation, war, civil commotion, riot, interference by civil or military authorities, fire, weather conditions, utility interruptions, other casualty or act of God.
9.9 Attorneys’ Fees. If any legal action is necessary in order to enforce any of the terms or conditions of this Agreement or otherwise results from the relationship between you and WOWMI, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees, expert fees and costs from the non-prevailing party.
10.1 BY ACCEPTING THIS AGREEMENT, YOU ARE REPRESENTING TO WOWMI THAT YOU HAVE FULLY READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU ACKNOWLEDGE AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL SUCH TERMS AND CONDITIONS CONTAINED HEREIN.
10.2 IN ADDITION AND WITHOUT LIMITING THE FOREGOING, YOU FURTHER REPRESENT THAT YOU HAVE FULLY READ AND UNDERSTOOD THOSE TERMS AND CONDITIONS RELATING TO AUTOMATIC RENEWAL OF THE SUBSCRIPTION PERIOD CONTAINED IN SECTION 6, AND AGREE TO BE LEGALLY BOUND BY SUCH AUTOMATIC RENEWAL TERMS.
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