Terms of Use

TERMS OF USE

Welcome to Mediasoft, LLC d/b/a wowwii.com and/or its affiliates ("wowwii.com"). Wowwii.com provides website features to you subject to the following terms of service (the "Terms").

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

The Terms herein are set forth the legally binding terms for your use of wowwii.com and its related websites, and all advertisements included on wowwii.com and its related websites (“websites”). By browsing, using or accessing the website, you signify that you have read, understand and agree to be bound by these terms. Additionally, you also signify that you have read, understand and agree to be bound by these terms as well as the guidelines, policies, terms and conditions applicable to such service(s) and/or Business(es). You are only authorized to use the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and these terms. If you do not agree to be bound by these terms and to follow all applicable laws, you should leave the website immediately.

1. AGREEMENT BETWEEN YOU AND WOWWII.COM These Terms apply to wowwii.com and its related websites and all advertisements and Banner Advertisements ("Banner Ads") included on wowwii.com and its related websites (collectively the "Website"). These terms do not apply to the content of third party websites. In the event that any of the terms contained herein conflict with any other terms or any conditions, policies, guidelines or notices contained on, or applicable to, any particular portion of the Website, or any Service or Business, then these Terms shall control.

2. PRIVACY Please review our Privacy Policy, which also governs your visit to the website, unless otherwise noted. If another Privacy Policy is provided on a particular portion of the website, then that privacy policy will govern your visit to that particular portion of the website.

3. INTENDED AUDIENCE This website is a business and commercial website, and, is not intended for use by persons under the age of 18. Wowwii.com sells products to adults who can purchase them with a valid, permitted payment method. The material on this website is published by wowwii.com as a service to its Independent Business Owners and their members/customers who reside in the United States (including its territories). This website is not currently intended for access or use outside of these areas. You are responsible for compliance with the laws in your jurisdiction.

4. ELECTRONIC COMMUNICATIONS When you visit the website or send e-mail to wowwii.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. THIRD PARTY AFFILIATES We provide links to the websites of affiliated companies, resources, advertisements, published articles, journals, news, and certain other third-party literature and businesses because wowwii.com has no control over the content of its affiliates or the quality of the goods or services offered by third parties, you acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant, endorse or guarantee the offerings of any third parties or the content on, or the availability of, their websites. You acknowledge and agree that wowwii.com shall not be responsible or liable to you in any manner, directly or indirectly, for the actions, products or services of, or the content provided by, these or any other third parties or for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on content provided by any third party and/or the quality of any goods or services offered by any third party through the affiliate website.

6. AFFILIATE PARTNER/MERCHANT RETURN AND SHIPPING POLICIES "Affiliate Partner/Merchants" are third parties that offer products and/or services from a third party website that is accessed through a link on the website. "Affiliate Partner/Merchant Products" are products and services that are offered for sale by an Affiliate Partner/Merchant through the Affiliate Partner/Merchant's third party website. Affiliate Partner/Merchant products purchased by a wowwii.com customer are covered by each Affiliate Partner/Merchant's individual return and shipping policies, which are available on each Affiliate Partner/Merchant's third party website.

7. OTHER AFFILIATE PARTNER/MERCHANTS POLICIES AND TERMS All purchases from Affiliate Partner/Merchants are governed by the terms and policies posted on the Affiliate Partner/Merchant's third party website.

8. CONFIDENTIALITY You agree that all information you provide to wowwii.com or your Independent Business Owner will be true, accurate, and complete. You agree to maintain the confidentiality of any identification number, key or password that you are provided by wowwii.com or Independent Business Owner. You agree to accept full responsibility for all activities that occur under/on your account. You agree to immediately notify wowwii.com of any unauthorized use your account or any other breach of security. You are fully responsible for all activities under your account. Wowwii.com is not responsible for any misuse of your account by someone who uses your account credentials.

9. COPYRIGHT/PATENT All website design, text, graphics, logos, button icons, images, photos, video clips, digital downloads, data compilations and software are owned solely and exclusively by wowwii.com or its content suppliers and protected by U.S. and international copyright or patent laws. The compilation of all content on the website is the exclusive property of wowwii.com and protected by U.S. and international copyright laws. All software used on this website is the property of MediaSoft, LLC d/b/a wowwii.com or its software suppliers and protected by United States copyright or patent laws. The contents of the website are Copyright © 2003-2012 Mediasoft, LLC d/ba wowwii.com. ALL RIGHTS RESERVED. No website material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of wowwii.com.

10. TRADEMARKS MediaSoft, LLC, it’s entities, logos, and products, brands and all other wowwii.com graphics, page headers, button icons, logos, and brand names are service marks, trade names, trademarks and/or trade dress of Mediasoft, LLC d/ba wowwii.com. in the United States. MediaSoft, LLC, it’s entities, logos, and products, brands and all other wowwii.com graphics, page headers, button icons, logos, and brand names may not be used in connection with any product or service that is not sold by Wowwii.com, in any manner that is likely, in the discretion of Wowwii.com, to cause confusion among customers, or to disparage or discredit Wowwii.com. All other trademarks not owned by Wowwii.com that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wowwii.com.

11. WEBSITE ACCESS Wowwii.com grants you limited rights to access and make use of the website as an Independent Business Owner and/or customer. The website, or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of wowwii.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wowwii.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing wowwii.com's name or trademarks without the express written consent of MediaSoft, LLC d/b/a wowwii.com. Any unauthorized use terminates the permission or accessed granted by Wowwii.com.

12. WEBSITE ACCURACY Wowwii.com makes every attempt to provide you with accurate information. However, we do not warrant or guarantee that the website content is accurate, complete, reliable, current, or error-free. If a product or service offered by an Affiliate Partner/Merchant is not as described, you have no remedy against Wowwii.com. Your sole remedy will be against the offending Affiliate Partner/Merchant.

13. MODIFICATION OF WEBSITE POLICIES AND THE TERMS Wowwii.com reserves the right to change our website, policies and the terms at any time, in our discretion. You are responsible for regularly reviewing our policies, the terms and additional terms posted on particular portions of the website. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WOWWII.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WOWWII.COM MAKES NO WARRANTY THAT 1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, 2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT 4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WOWWII.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WOWWII.COM NOR ITS INDEPENDENT DISTRIBUTORS OR AFFILIATE PARTNER/MERCHANTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM 1) THE USE OR THE INABILITY TO USE THE WEBSITE; 2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; 3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; 5) MISDIRECTED ORDERS OR LOST PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA; OR 6) ANY OTHER MATTER RELATING TO THE WEBSITE EVEN IF WOWWII.COM, ITS EMPLOYEES, INDEPENDENT DISTRIBUTORS OR AFFILIATE PARTNER/MERCHANTS ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES. 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 MIGHT HAVE ADDITIONAL RIGHTS.

16. CHOICE OF LAW AND VENUE Any dispute that may arise between you and Mediasoft, LLC d/ba wowwii.com concluding, without limitation, claims for enforcement, breach or violation of duties or rights under the terms shall be governed by and adjudicated under the laws of the State of Florida, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Osecola County, Florida, U.S.A. in all disputes arising out of or relating to the use of the website.

17. INDEMNIFICATION You agree to indemnify and hold wowwii.com, its parents, subsidiaries, affiliates, officers and employees, and Independent Business Owners harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of, conduct on or content provided to the website.

18. GENERAL a. You agree that no joint venture, partnership, employment, or agency relationship exists between you and wowwii.com as a result of the terms or use of the website. b. Wowwii.com reserves the right to disclose any personal information about you or your use of the website, including its contents, without your prior permission, if wowwii.com has a good faith belief that such action is in compliance with its Privacy Policy or that it is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of wowwii.com or its affiliated companies; (3) enforce the terms; or (4) act to protect the interests of its Independent Business Owners, Employees, Principals or others. c. Wowwii.com's performance of the terms is subject to existing laws and legal process, and nothing contained in the terms is in derogation of wowwii.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by wowwii.com with respect to such use. d. If any part of the terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in full force and effect. e. Unless otherwise specified herein, the terms constitute the entire agreement between you and wowwii.com with respect to the website and the terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and wowwii.com with respect to the website. f. A printed version of the terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. g. Wowwii.com reserves the right to refuse service, terminate accounts, remove or edit content at any time in its sole discretion.