Terms of Sale
Certain products and services may from time to time be made available to you ("you" or "User") by Widgetbox, Inc. or its corporate affiliates (collectively, "us", "we", or "the Company") through the Widgetbox web site (the "Site") and service ("Widgetbox" or the "Service"). By purchasing any products or services through Widgetbox, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of Widgetbox are also governed by the Widgetbox Terms of Service (TOS) located at http://www.widgetbox.com/info/legal/terms-of-service/ which is incorporated by reference, and you further agree to comply with the Widgetbox Developer Agreement located at http://www.widgetbox.com/info/legal/developer-agreement/ and the Content Guidelines located at http://www.widgetbox.com/info/legal/content-guidelines/.
These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on Widgetbox.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Widgetbox, you must be a registered Widgetbox User and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Widgetbox sells its products only to those users who can legally make purchases with a credit card or other acceptable payment methods offered by Widgetbox. If you are under 18, you may make purchases on Widgetbox only with the involvement of a parent or guardian. Widgetbox reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Subscription Service Terms
Widgetbox may offer certain services on a subscription basis with recurring payments ("Subscription Services"). You agree to pay your subscription fee in advance of receiving any such Subscription Service. Widgetbox reserves the right to discontinue or modify any subscription fee payment option at any time without notice. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply.
If you choose a Subscription Service you agree that Widgetbox may automatically charge the subscription fee to your chosen payment method at the beginning of each period. Your access to the Widgetbox Subscription Service will not be established until Widgetbox has verified that the credit card or other payment information you provide Widgetbox for payment is accurate and that your credit card account or other payment method account is in good standing. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Widgetbox if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment account, ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at firstname.lastname@example.org.
CPM (Cost Per Thousand Impressions) Service Terms
Widgetbox may offer certain services on a Cost per Thousand Impressions basis ("CPM Services"). CPM Services rates and fees are negotiated independently with each client and are agreed to in the Widgetbox Services and Fee Agreement. The Widgetbox Services and Fee Agreement is bound by this Terms of Sale.
Professional Services Terms
Widgetbox may offer certain professional services such as custom widget creation, custom feed parsing, and other custom services ("Professional Services"). Professional Services rates and fees are negotiated independently with each client and are agreed to in the Widgetbox Services and Fee Agreement. The Widgetbox Services and Fee Agreement is bound by this Terms of Sale.
Payment Method and Terms
We accept Visa, MasterCard, American Express, and Discover credit cards, and invoicing, as forms of payment. By submitting an order through Widgetbox, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars.
Free Trials, Trial Memberships, and Discount Introductory Offers
Widgetbox offers free trials, trial memberships, and discount introductory offers of the Service to allow customers to become familiar with the many benefits of the subscription plans we offer. These trials and introductory offers are available to new (first-time) customers only and cannot be combined with any other offer. A valid credit card is required. WE AUTHORIZE THE CARD UP TO THE AMOUNT OF THE ORDER VALUE IN ORDER TO VERIFY THE ACCOUNT. We receive no money from this transaction. Your bank or credit card company may temporarily show this amount on your statement, but there will be no charge and it will be removed by your bank or credit card company per their policies. We will begin billing your credit card for a monthly subscription fee on the first day following the end of your trial or introductory offer period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR TRIAL OR INTRODUCTORY OFFER PERIOD TO AVOID HAVING YOUR CREDIT CARD CHARGED. You will not receive a notice from us that your free trial membership has ended or that your paying subscription has begun. Widgetbox does send email receipts of all charges for Widgetbox subscriptions and you may view all transactions and status within your Widgetbox account. You may cancel your membership at any time. For more information on canceling your account, please refer to the Terms of Sale section labeled Cancellations and Refunds.
Cancellation and Refunds
Please note, unless Widgetbox gives notice to the contrary, payment for Subscription Services and Advertising Services are non-refundable. You may cancel your Widgetbox subscription, ad campaign, and/or account at any time. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. Widgetbox, at its discretion, may leave the Subscription Service active through the end of the prepaid billing cycle.
Restore Cancelled Subscription. If you cancel your subscription before the pre-paid term is complete, you have the option to revert or "un-cancel" the subscription. After canceling, a copy of your account will be retained in the Widgetbox system until the pre-paid term is complete. By following the Restore Cancelled Subscription steps, you can re-enable the cancelled Subscription Services and the associated recurring billing without interruption or loss of the Subscription Services. Once the pre-paid term is complete, you cannot restore the cancelled subscription, your customizations will be lost, and you will need to purchase a new subscription.
Subscription Services: If your credit card is invalid for any reason, your Subscription Service will revert to a basic service account; provided, however, that Widgetbox reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it will be deleted permanently. Widgetbox accepts no liability for information or content that is deleted due to an invalid credit card.
With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you, Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise its products and services to provide you with new products and services. Company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on Widgetbox, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a merchandise or service credit (including without limitation issuing, at our option, Widgetbox credits, with a value at least equal to the amount charged to your credit card. Widgetbox reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
User will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.
COMPANY ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in and for San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts in and for San Francisco County, California.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, including the Terms of Service and the Developer Agreement, constitute the entire agreement between you and Company regarding purchases you make on Widgetbox, superseding any prior agreements between you and Company relating to such purchases. The failure of Company to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, these Terms of Sale shall be controlling.
Please visit our Customer Support community for more information.
Last Updated: October 19, 2010