Effective: August 23, 2024
PLEASE READ THESE REQUIREMENTS CAREFULLY.
Acceptance of the Terms of Use.
Welcome to the Woxer Website woxer.com (the “Website”), and, for our Woxer app users, the Woxer mobile application (the “App”)! The Website and App are collectively referred to as our “Services”.
These Terms of Use are entered into by and between You and Woxer (the “Company,” “we,” or “us”). The following terms and conditions govern your access to and use of our Services, including any content, functionality, and services offered on or through our Services, whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use our Services. By using our Services by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, as well as our Privacy Policy, which is incorporated herein by reference.
Our Services are intended solely for customers who can form legally binding contracts under applicable law and are of at least the minimum legal age of majority in their place of residence (the “Minimum Age”). By using our Services, you represent and warrant that you are of at least the Minimum Age where you reside, and that you agree to abide by all of the terms and conditions of this Policy. If you are not at or above the Minimum Age, you are strictly prohibited from using or providing any information on or through our Services in any format.
We do not knowingly collect Personal Information from anyone under the Minimum Age. If we learn we have collected or received Personal Information from a person under the Minimum Age without verification of parental consent, we will delete such Personal Information. If you believe we might have any Personal Information from or about anyone under the Minimum Age, please contact us.
Where you have read these Terms of Use but would like further clarification, please contact us.
IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICES.
Changes to these Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction shall not apply to any disputes for which the parties have actual notice on or before the date the change is posted.
Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access our Services so you are aware of any changes, as they are binding on you.
Geographic Restrictions.
The Company is based in the State of Florida in the United States. Your information, including Personal Information, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. Your information will be collected on our servers in the United States, and processed by our service providers, contractors, or third parties where they are located. This means that this information may be transferred to—and maintained on—computers located outside of your territory where the data protection laws may differ than those from your territory.
By accessing or using our Services, or otherwise providing information to use, you understand and agree that
- you consent to the collection, processing, transfer, and storage of information about you in and to the United States and other applicable territories in which privacy laws may not be as comprehensive as or equivalent to the law in your country of residence;
- we make no claims that our Services or any of its content is accessible or appropriate outside of the United States;
- access to our Services may not be legal by certain persons or in certain countries; and
- if you access our Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Please use the contact information below if you have a question or concern about the policies or manner in which we treat your Personal Information.
General Informational Purposes Only.
The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. To the fullest extent permitted by applicable law, (a) any reliance you place on such information is strictly at your own risk; and (b) we disclaim all liability and responsibility arising from any reliance placed on such materials (i) by you or any other visitor of our Services, or (ii) by anyone who may be informed of any of its contents.
Our Services may include content provided by third parties. All statements and/or opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company.
To the fullest extent allowed by law, we are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
WE ARE NOT RESPONSIBLE FOR THE COLLECTION, PROCESSING, OR DISCLOSURE OF PERSONAL INFORMATION COLLECTED THROUGH OUR SERVICES. WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD PARTY WEBSITES OR SERVICES.
Accessibility.
Access to any company’s website can be challenging for persons that have certain disabilities. A person’s disability is often unique. What may work well for one person, may cause difficulties for another person. We have made efforts to accommodate access to our Services given our size, resources, and knowledge of our Services’ visitors and their needs. To that end, we have used third party tools to assist in making our Services more accessible for visitors. To the extent you experience difficulty accessing our Services, please contact us.
Accessing Our Services and Account Security.
Access to our Services is permitted on a temporary basis. We reserve the right to withdraw or amend our Services and any content, material, or functionality we provide on or through our Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all our Services to users, including any registered users.
You are responsible for both:
- making all arrangements necessary for you to have access to our Services; and
- ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and comply with them.
To access our Services or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of our Services that all the information you provide on our Services is correct, current, and complete. You agree that all information you provide to register with our Services, to receive access to content or otherwise, whether through the use of any interactive features on or through our Services, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree
- not to provide any other person with access to our Services or portions of it using your username, password, or other security information;
- to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security;
- to ensure that you exit from your account at the end of each session; and
- that you shall be solely responsible for any actions taken in connection with your account.
You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights.
Our Services and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by either United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws.
These Terms of Use permit you to use our Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- modify copies of any materials from our Services; and/or
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.
You must not access or use for any commercial purposes any part of our Services or any content, materials, or functionality available through our Services.
If you wish to make any use of material on our Services other than that set out in this section, you must obtain prior written consent from the Company.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of the Terms of Use, your right to use our Services will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on our Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
Prohibited Uses.
You may use our Services only for lawful purposes and in accordance with these Terms of Use.
You agree not to use our Services:
- in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm any entity, individual, or minor in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
- to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; and/or
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services, or expose them to liability.
Additionally, you agree not to:
- use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services;
- use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
- use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
- use any device, software, or routine that interferes with the proper working of our Services;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services are stored or hosted, or any server, computer, or database connected to our Services;
- attack our Services via a denial-of-service attack or a distributed denial-of-service attack; and/or
- otherwise attempt to interfere with the proper working of our Services.
In the event that you breach any of the foregoing, we reserve the right, in our sole discretion, to report such breach to the relevant law enforcement authorities. In such event, we will cooperate with those authorities by disclosing your identity to them.
Monitoring and Enforcement; Termination; Remedies.
We have the right to terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right without prior notice to you to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services or utilizing data obtained through our Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We reserve all rights and remedies available at law or in equity for any breach of these Terms of Use or applicable laws, rules, and regulations.
User Contributions
Our Services may permit users via interactive features (collectively, "Interactive Services") to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, such as product reviews (collectively, "User Contributions"), on or through our Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to our Services will be considered non-confidential and non-proprietary. By providing any User Contribution on our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and in accordance with your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Services.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates any law or these Terms of Use, including the Content Standards; infringes any intellectual property right or other right of any person or entity; threatens the personal safety of users of our Services or the public; or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates any laws or their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Services.
- Terminate or suspend your access to all or part of our Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services`. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we may not review all material before it is posted on our Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is nudity, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement.
If you believe that any content on our Services violates your copyright, please contact us.
Reliance on Information Posted.
The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or users of our Services, or by anyone who may be informed of any of its contents.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to our Services.
We may update the content on our Services from time to time, but its content is not necessarily complete or up to date. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to and Use of Our Services.
All information we collect on or through our Services is subject to our Privacy Policy. By accessing or using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions.
All purchases through our Services or other transactions for the sale of goods, or information formed through our Services, or resulting from visits made by you, may be governed by separate terms, which shall be incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of our Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking and Social Media Features.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Our Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from our Services.
If our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASE, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED TWENTY-FIVE US DOLLARS ($25). SUCH LIABILITY UNDER THIS AGREEMENT SHALL BE CUMULATIVE AND NOT PER INCIDENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of our Services, including, but not limited to, any use of our Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Services.
Governing Law and Jurisdiction.
All matters relating to our Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City and County of Miami and Miami-Dade County, respectively. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability.
No waiver by the Company of any term or condition set out 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 or delay of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any term, provision, covenant or condition of these Terms of Use, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Use shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.
Entire Agreement.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.
Contact Us.
Our Services are operated by Woxer.
All notices, including copyright infringement claims, should be sent to
Woxer
6340 NE 4th Court
Miami, FL
33138
hello@woxer.com
For all other feedback, comments, requests for technical support, and other communications relating to our Services, please visit https://woxer.com/pages/privacy-policy or send us an email.