Effective Date: December 16, 2020

Webit.com Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, AND ANY OF ITS PAGES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

Table of Contents

1. General
2. Use of Website
3. Unauthorized Use
4. Website Modifications
5. Changes to Website Policies
6. Electronic Communications
7. Text Messages and Other Communications to a Telephone
8. Account Authority and Security of Your Account
9. Links, Widgets, Embeds, Social Media, and Other Third Party Features
10. Endorsements
11. Use of Third Party Sites and Organizations
12. Webit Customer Websites
13. Conditions of User Non-Exclusive, Non-Transferable, Revocable License
14. Payment
15. Use of Communication Services
16. Submissions
17. Ownership
18. Webit Customer Domain Ownership
19. Privacy & Information Use
20. Copyrights and Trademarks
21. Liability & Indemnity
22. Arbitration For Disputes
23. No Agency, Joint Venture, Employment, or Partnership
24. International Users
25. Enforceability
26. Entire Agreement and Headings
27. Reservation of Rights
28. Assignment
29. Accessibility
30. Notices, Contact Information

General

Thank you for visiting the website of Webit, Inc. (“Webit”). The Webit.com website and associated applications (the "Website") is comprised of various web pages, applications, and features operated by Webit. The terms “we,” “our,” and “us” refer to Webit and its parent companies, subsidiaries, and affiliates, and the terms “you” or “your” refer to any individuals or Webit Customers who access this Website. The term “Webit Customer” means any individual or entity that has a website hosted by Webit or has website design or code created by Webit. By accessing or using this Website, you agree and consent to be legally bound by these Terms and Conditions of Use (the “Terms”) without limitation or qualification.

Use of Website

Our Website is not directed towards children. If you are using this Website, you are confirming that you are 18 years of age or older, or are over 16 years of age and using the Website with the consent and supervision of your parent or guardian. Use of the Website is also governed by our Privacy Policy, which informs users of our data collection practices.

If you fail to comply with any of these Terms, your permission to use the Website automatically terminates. If we become aware that you have been using the Website in an unauthorized way, we may block or suspend your access to the Website, bar you from future usage of the Website, or take any other action we deem necessary or appropriate, and may pursue any or all legal or equitable claims against you for such unauthorized use. We further reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this Website, or any of our resources or services, at any time for any reason without notice. We shall not be held liable to you or any third party for any termination of your access to this Website.

You agree to indemnify and hold us harmless from any liability, loss, claim or expense including attorney’s fees, related to your violation of these Terms or your use of the services, products, software, applications, or information made available through the Website.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, the liability, indemnification, arbitration, and jurisdiction sections contained herein below.

Unauthorized Use

Unauthorized use of this Website is prohibited. The following uses are expressly unauthorized:

• Gathering, monitoring, or copying any content on this Website by using any crawler, spyware, engine, robot, “bot,” spider, device, extraction tool, software, or any other utility, automatic device, or manual process of any kind without our express permission.
• Harvesting or otherwise collecting information about others including, without limitation, e-mail addresses or phone numbers, without their explicit consent.
• Interfering, or attempting to interfere, with the operations of the Website or using any device or software that will interfere, or attempt to interfere, with the operations of the Website; or posting any unauthorized material to the pages of the Website or the databases that power it.
• Attempting to circumvent Website security in any way; probing or testing the vulnerability of the Website or any network connected to the Website; or hacking, breaching, or attempting to breach any part of the Website, its security or authentication measures, or any network connected to the Website, including the content management system and source code.
• Uploading or submitting any data or information containing viruses, trojans, worms, malware, or any other computer code, corrupt file, program or component designed to interfere with this Website or its use, or the use of any software, hardware, networks, servers, computers, electronic devices, or other equipment of ours or any third party.
• Submitting any content in such volume as to disrupt use of this Website; or taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website.
• Taking any action or making any communication that is inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, abusive, or a violation of the our legal rights (including, without limitation, privacy and publicity rights) or the legal rights of a third party.
• Violating the copyright, trademark, or other intellectual property rights of any other person or entity.
• Posting Submissions (defined below) or any other content using any manual or automatic posting tools other than those provided by us, unless you have received our express written consent.
• Improperly assuming or claiming the identity, characteristics, or qualifications of another person or entity.
• Conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
• Taking actions to seek or discover any materials or information, including passwords, through or in connection with the Website, except as authorized by these Terms and as intentionally made available to you through the Website.
• Attempting to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website.
• Interfering or attempting to interfere with the use of the Website by other users.
• Violating any applicable laws or regulations.
• Posting hyperlinks to other websites that contain content that falls within the descriptions set forth above.
• Attempting to use this Website for any purposes other than those intended by us, as determined in our sole discretion.

Website Modifications

We reserve the right to modify or terminate this Website or any service available on this Website, any link, embed, platform, widget, application, software, or feature used by this Website, and your access to this Website, in whole or in part, at any time whatsoever.

Changes to Website Policies

We reserve the right to make changes to Website policies at any time without advance notice to you including, without limitation, these Terms and our Privacy Policy. We encourage you to continue to review these Terms each time before using this Website, as your continued use will be strictly subject to the then-current Terms. Each time we modify the content of these Terms, we will update the effective date set forth above.

Electronic Communications

Visiting this Website, texting, or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us and agree to notify us of any changes in your telephone number or email address. Except as otherwise required under applicable law, you agree that all agreements, notices, and other communications that we provide to you electronically, via email, text, or on the Website, satisfy any legal requirement that such communications be in writing.

Text Messages and Other Communications to a Telephone

You authorize us to contact you, including by sending text messages or other communications to a cell phone using an automatic telephone dialing system or an artificial or prerecorded message, at any number you provide. You further agree and knowingly accept that any call you make to Webit may be recorded for business purposes by Webit. Additionally, you agree and consent that any call that you accept from Webit may be recorded for business purposes. Voice recordings may be saved for an indefinite period of time. You acknowledge that any text messages or prerecorded messages sent by us may contain sales or marketing content. Webit Customers may be contacted about their leads, quotes, invoices, customer contacts, or customer form submissions via text message by Webit unless they have opted out of receiving communication about their leads, quotes, invoices, customer contacts, and customer form submissions through this method. Webit Customers can opt out of text message notifications about their leads, quotes, invoices, customer contacts, or customer form submissions by contacting a Customer Service Representative at (855)-231-3733. By providing a mobile phone number to Webit for Webit Customer account registration purposes, Webit Customers agree, acknowledge, and consent to be contacted via text message for lead, quote, invoice, customer contact, and multi-factor authentication (MFA) purposes by Webit. If a Webit Customer does not wish to be contacted via text message for MFA purposes, the Webit Customer may request an override code by contacting a Customer Service Representative at (855)-231-3733. We will only send you a text message for the purposes to which you have consented.

Webit Customers agree that they are solely responsible for obtaining consumer consent before contacting a consumer’s cell phone via text message, including via a conduit text messaging system (such as the Webit Web Manager or any corresponding Web Manager App), or by using an automatic telephone dialing system or an artificial or prerecorded message. Webit Customers agree to only contact a consumer’s cell phone via text message, including via a conduit text messaging system (such as the Webit Web Manager or any corresponding Web Manager App), or by using an automatic telephone dialing system or an artificial or prerecorded message for the purposes to which the consumer has consented. Webit Customers will honor any revocation request by a consumer to cease contacting such consumer at a specified telephone number. Webit Customers agree to maintain accurate records of any consumer who has revoked consent to be contacted at a specified telephone number.

If you revoke consent for Webit to contact you at a specified telephone number, you understand and agree that any revocation request sent to Webit does not revoke the consent of a Webit Customer to contact you at such telephone number, and you further agree and consent to contact any such Webit Customer separately for such a revocation. Requests to revoke your consent for Webit to contact you at a specified telephone number may be emailed to feedback@webit.com, or communicated to Webit by any reasonable means.

Account Authority and Security of Your Account

Any individual or entity that sets up an account on the Website must have authority to set up an account in that name. You agree that you will not set up an account on the Website without proper authority and authorization, and you represent to Webit that you have such authority and authorization.

If you use this Website, you are solely responsible for maintaining the security and confidentiality of your account, user name, and password, and for restricting access to your computer. By using this Website, you further agree to accept responsibility for all activities that occur on your account under your user name or password. You may not assign or otherwise transfer your account to any other person or entity. Any user names or passwords used for this Website are for individual use only. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account.

We are entitled to monitor your password, and, at our discretion, require you to change it. If you use a password that we consider unsecure, we are entitled to require the password to be changed or to terminate your account. You understand that providing your user name or password to a third party without the authorization of Webit, or using a password to gain unauthorized access to the Website, may constitute computer fraud, which is a class 5 felony under the laws of the state of South Dakota (see S.D. Codified Laws Ann. §43-43B-1 to 8), and may further constitute a violation of Title 18, §1030 of Federal law, which is punishable by fine and/or imprisonment. You acknowledge we may monitor password use and vigorously pursue violators to the full extent of the law.

Links, Widgets, Embeds, Social Media, and Other Third Party Features

Our Website may provide links to other websites for the convenience of our Website users. Our Website may also make use of widgets, embeds, social media, or other third party features that are hosted by a third party or hosted directly on our Website. Your interactions with any link or third party widget, embed, social media, or other feature are governed by the terms and conditions of use of the third party providing the widget, embed, social media, or other third party feature, or the terms and conditions of use of the linked website. The terms and conditions of use of third parties may be substantially different than these Terms. We neither own nor control third party websites, widgets, embeds, social media, or other features that are accessible through this Website. Therefore, before visiting the website of a third party, or making use of a third party feature on our Website, whether by means of widget, embed, social media feature, or otherwise, you should first consult that third party’s terms and conditions of use (if any) and inform yourself of the terms applicable to that third party’s website, feature, or services (if any). We are not responsible for any dealings with third parties you may have through a third party website, link, widget, embed, social media, or other third party feature.

Endorsements

Any description of a product, service, or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service, or publication. Moreover, the inclusion of any third party link, social media feature, embed, or widget on our Website does not imply an endorsement by us or any association with its third party operator.

Use of Third Party Sites and Organizations

Certain services made available via the Website are delivered by third party sites and organizations acting as our third party service providers. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that we may share your information and data with any third party service provider that provides the requested product, service, or functionality on behalf of our users and customers.

Webit Customer Websites

Webit may create website designs or code for Webit Customers on a separate website (“Webit Customer Website”) as part of a paid service. Webit Customers understand, agree, represent, and warrant that they are fully responsible for all written content, including, but not limited to, any legally required disclaimers, on their Webit Customer Websites. Webit Customers with Webit Customer Websites agree to release Webit from any liability associated with use of the Webit Customer Website, and to indemnify and hold harmless Webit from any claims, penalties, costs or damages, related to use or misuse of the Webit Customer Website by any party or any transactions made through or in connection with the Webit Customer Website, including, but not limited to, for any goods or services purchased or sold. If required by applicable law, Webit Customers shall provide a privacy policy to users outlining the Webit Customers’ personal information collection and sharing practices in connection with the Webit Customer Website. Any Webit Customer Website privacy policy must be compliant with applicable law, permit the Webit Customer to share information with Webit, and fully and accurately describe such information sharing. Webit Customers shall, and agree and consent to, provide terms and conditions of use for the Webit Customer Website that: (i) provide a robust liability limitation and indemnity section that fully excludes Webit from any liability, and provides full indemnity to Webit, for any use or misuse of the Webit Customer Website and for any claims, penalties, costs or damages related to goods or services available through the Webit Customer Website; (ii) limit use of the Webit Customer Website to users in the United States that are 16 years old or over; (iii) allow for the terms and conditions to be modified by Webit Customer and require users to be subject to the then-current terms; and (iv) provide comprehensive ownership and trademark provisions providing protection to Webit for the Webit Customer Website design, code, and trademarks owned by Webit. Any privacy policy or terms and conditions of use provided or used by the Webit Customer on the Webit Customer Website may not contain terms or conditions that (1) suggest or imply that Webit is providing the Webit Customer’s privacy policy or will receive communications regarding the Webit Customer’s privacy policy, or (2) conflict with the Webit Privacy Policy or Terms and Conditions of Use. Webit Customers, and any financing companies they engage, are solely responsible for legal compliance of the Webit Customer Website, including, without limitation, any privacy policy or terms and conditions of use posted thereon, and for making any additional disclosures to consumers, responding to consumer requests, or deleting consumer information, as may be required by federal or any other law, including, but not limited to, any state laws and any disclosure requirements under 12 C.F.R. 1016 (Regulation P).

Webit Customers using a Webit Customer Website agree and consent that: (1) we are not responsible for Webit Customer legal or regulatory compliance, including, without limitation, compliance of any Webit Customer Website; (2) we are not providing Webit Customers legal or other professional services or advice; (3) Webit Customers release Webit from any liability associated with use of the Webit Customer Website, and will indemnify and hold harmless Webit from any claims, penalties, costs or damages, related to use or misuse of the Webit Customer Website by any party, and for any transactions made through or in connection with the Webit Customer Website, including, but not limited to, for any goods or services purchased or sold; (4) Webit Customers have the option of selecting accessible websites (including, but not limited to, websites that are accessible to persons with disabilities pursuant to the Americans with Disabilities Act of 1990 “ADA”) for Webit Customers’ businesses, whether through Webit or another provider. Webit Customers agree that Webit is not responsible for any Webit Customer’s decision on whether to utilize an accessible website for such Webit Customer’s business. Webit Customers release Webit, and will indemnify and hold harmless Webit, from any liability associated with Webit Customers’ use of a Webit Customer Website that is not accessible (including, but not limited to, a website that is not ADA compliant); (5) if required by applicable law, Webit Customers will provide a privacy policy for their Webit Customer Websites that is compliant with all applicable laws, permits Webit Customers to share information with Webit, and fully and accurately describes such information sharing; (6) Webit Customers will have terms and conditions of use posted on their Webit Customer Website that (i) provide a robust liability limitation and indemnity section that fully excludes Webit from any liability, and provides full indemnity to Webit, for any use or misuse of the Webit Customer Website and for any claims, penalties, costs or damages related to goods or services available through the Webit Customer Website; (ii) limit use of the Webit Customer Website to users in the United States that are 16 years old or over; (iii) allow for the terms and conditions to be modified by Webit Customer and require users to be subject to the then-current terms; and (iv) provide comprehensive ownership and trademark provisions providing protection to Webit for the Webit Customer Website design, code, and trademarks owned by Webit; (7) we make no representations or warranties about the accuracy or completeness of any template terms and conditions of use or any other template or website content provided by us for use by Webit Customers; (8) Webit Customers’ use of any template or website content provided by us is entirely at the Webit Customers’ own risk and Webit Customers are solely responsible for ensuring any template or website content is accurate and complies with applicable law; (9) we disclaim any and all liability associated with Webit Customers’ use of the template terms and conditions of use and any other template or website content provided by us; (10) Webit Customers will hold harmless and indemnify us for any liability associated with Webit Customers’ use of any template or website content provided by us; (11) we own all design or code on the Webit Customer Website which we provide, and any Webit Customer Website design or code provided by us may not be reused by Webit Customers after the end of the revocable license term unless written permission is obtained from Webit; (12) we reserve the right to cease hosting, or to refuse to host a Webit Customer Website or any domain, for any violation of the Terms, including, but not limited to, for intellectual property right infringements or the violation of any law; (13) any privacy policy, disclaimer, or terms added to the Webit Customer Website shall comply with all applicable state and federal laws and shall not conflict with the Privacy Policy or Terms and Conditions of Use of Webit, and any such conflicting terms will be deemed void; (14) Webit Customers will obtain consumer consent before contacting a consumer’s cell phone via text message, including via a conduit text messaging system (such as the Webit Web Manager or any corresponding Web Manager App), or by using an automatic telephone dialing system or an artificial or prerecorded message; (15) Webit Customers will only contact a consumer’s cell phone via text message, including via a conduit text messaging system (such as the Webit Web Manager or any corresponding Web Manager App), or by using an automatic telephone dialing system or an artificial or prerecorded message for the purposes to which the consumer has consented; (16) Webit Customers will honor any revocation request by a consumer to cease contacting such consumer at a specified telephone number; (17) Webit Customers will maintain accurate records of any consumer who has revoked consent to be contacted at a specified telephone number; (18) any Webit Customer recording calls through its Webit Customer Website using technology powered by Webit agrees and confirms that it will meet all legal requirements to lawfully record such calls and will provide any legally required disclaimers in its Webit Customer Website terms and conditions of use and privacy policy (if applicable); (19) we are not responsible for any written content on a Webit Customer Website, including for the review thereof, or for any legal compliance associated with such content, including, but not limited to, any Webit Customer-provided custom form, and Webit Customers hereby release us from any liability for any written content, or lack thereof, on Webit Customer Websites; and (20) Webit Customers are fully responsible for calculating and collecting any taxes on their Webit Customer Website, and hereby release us from any liability for such tax calculation and collection, including, but not limited to, a Webit Customer’s decision to utilize any “tax rate” feature.

Optional Webit Customer Website Features Provided by Webit

We may offer certain features for Webit Customer Websites solely for the convenience of Webit Customers. These features include, but are not limited to, the Inventory Management Tool, Invoicing and Quoting Tool, Customer Relationship Management Tool, Product Management or Ecommerce Tool, and Booking and Scheduling Tool. Webit Customers hereby acknowledge that use of these features is fully optional, and the decision to utilize such features has been solely made by the Webit Customer. We are not responsible for any third-party reliance on these features, or any errors in these features, including, but not limited to, any errors made by Webit Customers when inputting the data that these tools rely on, like, for example, errors made by Webit Customers when implementing schedule, calendar, quote, invoice, or inventory data. We are further not responsible for the management or input of any Webit Customer inventory, schedule, calendar, invoice, or quote, or the data or information related thereto. Webit Customers making the decision to utilize any of these features hereby agree: (1) that use of such features is entirely at your own risk; (2) we disclaim any liability for your use of the features; (3) you hereby release us from all liability associated with use of the features; (4) you agree to indemnify and hold us harmless for use of the features; (5) we are not providing you legal, tax, accounting, or other professional advice or services; and (6) we make no warranties or representations about the accuracy, completeness, or legal validity of the provided features.

Third-Party Features on Webit Customer Websites

If a Webit Customer integrates a third-party add-on, widget, embed, social media platform, payment processor, or other third party feature or tool on its Webit Customer Website, Webit Customers agree and understand that their use of and interactions with such add-on, widget, embed, social media platform, payment processor, or other third party feature or tool are governed by the terms and conditions of use of the third party providing the add-on, widget, embed, social media platform, payment processor, or other third party feature or tool. The terms and conditions of use of third parties may be substantially different than these Terms.

Webit Customers understand and agree that we neither own nor control such third party add-ons, widgets, embeds, social media platforms, payment processors, or other third party features that the Webit Customer may opt to integrate or add on to their Website, and that use of these tools and features is entirely at the Webit Customer’s own risk, and we hereby disclaim all liability for such use. Therefore, before integrating or adding on any of these tools or features, you should first consult that third party’s terms and conditions of use (if any) and inform yourself of the terms (if any) applicable to that third party’s add-on, widget, embed, social media platform, payment processor, or other third party feature or tool. Webit Customers understand and agree that we are not responsible for any dealings that Webit Customers have with third parties related to any add-on, widget, embed, social media platform, payment processor, or other third party feature or tool that Webit Customers opt to utilize on their Webit Customer Website. Webit Customers further agree that we are hereby released from any liability related to use of such add-ons, widgets, embeds, social media platforms, payment processors, and other third party features or tools, and that Webit Customers will indemnify and hold us harmless for such use.

Conditions of User Non-Exclusive, Non-Transferrable, Revocable License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, or any software, digital products, applications, or services provided by this Website, strictly in accordance with these Terms. As a condition of your use of the Website, or any software, digital products, applications, or services provided by this Website, you warrant to us that you will not use the Website, or any software, digital products, applications, or services provided by this Website, for any purpose that is unlawful or prohibited by these Terms. You may not use the Website, or any software, digital products, applications, or services provided by this Website, in any manner which could damage, disable, overburden, or impair the Website or any software, digital products, applications, or services provided by this Website, or interfere with any other party's use and enjoyment of the Website or any software, digital products, applications, or services provided by this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website, or any software, digital products, applications, or services provided by this Website. Using software, applications, or digital products from this Website does not give you title to such software, application, or digital product, including any files, data and images incorporated in or associated with the software, application, or digital product.

Except for use expressly authorized, you agree that you will not copy, modify, publish, transmit, distribute, reverse engineer, perform, display, participate in the transfer or sale, license, create derivative works, reproduce, decompile or disassemble, or in any way exploit any of the content, in whole or in part, found on the Website, or in any software, application, or digital product we provide you. This Website and its content, along with the software, applications, and digital products available on this Website, is copyrighted by us or its owner. Our content is not for resale. Your use of the Website, software, application, or digital product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use or authorized Webit Customer use, and will make no other use of the content without the express written permission of Webit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.

You further agree that: (1) you will not provide any false company or personal information on the Website; (2) you will not create an account except for yourself or for a third party that has explicitly authorized you to do so; (3) if we suspend or close your account, you will not create another one without our explicit permission; (4) all information you provide to us, including contact information such as telephone number and email address, shall be kept true, accurate, complete, and up-to-date; (5) you will not transfer your account to anyone without first getting our written permission; (6) downloading, scraping, exporting, copying, extracting, or capturing Webit Customer information, or capturing phone numbers or any content found on the Website for the purpose of creating a collection, compilation, database, or directory, or redisplay or distribution of any data and/or content without express written permission of Webit is strictly prohibited and that you will not partake in such activities; (7) you will not mirror or archive any part of the Website or any material contained on the Website on any server or computer without Webit's written permission; (8) we reserve the right to use fictitious information, including, but not limited to, fictitious account information, to test and develop Website content and features and to help identify any third-party that uses, calls, or displays the Website content on any other website without express written permission of Webit and will seek maximum punitive monetary damages according to law to protect the information displayed on the Website; and (9) all rights not expressly granted herein are reserved by us.

If we have reasonable grounds to suspect that you have violated any of these obligations, we may suspend or terminate your access to the Website, revoke your license, terminate your access to the Website services, and may refuse any and all current or future use of the services, software, application, product, Website, or license. We further reserve the right to refuse or cancel service, terminate accounts, or remove or edit Website content at any time whatsoever in our sole discretion.

Payment

Some features and services of the Website, and some of our digital products, applications, or software, require payment in order to use that feature, service, product, application, or software. You agree to pay all fees imposed by us for any Website feature, service, product, application, or software, including, without limitation, any applicable fees set forth in any current schedule of fees displayed on our Website, or the fees separately agreed upon by you and us. We may, but are not required to, enter into a Supplemental Compensation Schedule to supplement these Terms and establish the applicable fees for certain Website features, services, products, applications, or services. If we do not receive payment when due either on the first (1st) or fifteenth (15th) of every month, we may revoke your license to use some or all of our products, applications, software, content, services, or features at any time without notice. We reserve the right to determine, in our sole discretion, whether to reinstate your authorization to use our products, applications, software, content, services, or features.

We utilize third party payment processors in order to receive payments through our Website for certain services and features. Any payment made through a third party payment processor on our Website is subject to the privacy policy and terms and conditions of use of such third party payment processor. We are not responsible for any errors or other discrepancies in payments processed by a third party payment processor. If you make, or attempt to make, any payment through the Website, you agree that you are legally authorized to make such a payment using the payment method indicated. If you agree to recurring payments, you represent and warrant that: (1) you will not dispute the recurring payments with your bank or card issuer for features, services, products, applications, or software utilized by your account that are accurately charged according to any applicable fee schedule or fee agreement and these Terms; (2) you are legally authorized to agree to recurring payments initiated by Webit; (3) your authorization of recurring payments for features, services, products, applications, or software utilized by your account will remain in effect and autorenew until such authorization is cancelled by an authorized account user in writing via email at: feedback@webit.com or via mail at: Webit, Inc., ATTN: Payment Cancellation, PO Box 91537, Sioux Falls, SD 57109 or by calling (855) 231-3733; provided, that an authorized account user must provide written confirmation of your cancellation within 14 days of your oral notification by writing to Webit, Inc., via email at: feedback@webit.com or via mail at: Webit, Inc., ATTN: Payment Cancellation, PO Box 91537, Sioux Falls, SD 57109. You acknowledge that cancellation of your payment processing authorization will not be effective with regard to a scheduled payment unless Webit receives the cancellation at least three (3) business days before the scheduled payment date for the account on either on the first (1st) or fifteenth (15th) of the month. If any recurring payment dates fall on a weekend or holiday, the payment may be executed on the next business day. You agree to notify Webit in writing at least three (3) business days prior to any recurring payment date if there are any changes in the card account information provided along with your payment processing authorization. You understand that we may, at our discretion and in accordance with applicable law, attempt to reinitiate within thirty (30) days any debit, payment or charge that was rejected or returned unpaid.

Use of Communication Services

The Website may contain bulletin board services, chat areas, electronic mail postings, news groups, forums, communities, personal web pages, calendars, live chat, email, and/or other message or communication facilities designed to enable you to communicate with the public at large, with a group, or with Webit Customers (collectively, "Communication Services"), you agree to use the Communication Services only to post, send, and receive messages and material that are proper, relevant, and related to the particular Communication Service and its intended subject matter.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or electronic device; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages for buying or selling for that specific type of good or service; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services and are not liable for any messages, material or information posted to, sent or received through the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to delete, remove, edit, or decline to post any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information in any Communication Service. This information may be visible to the public and we cannot guarantee the security of any information you post in a Communication Service. If you provide contact information to a third-party via any of our Communication Services, or in your Submissions (as defined below), we are not responsible for, and you hereby release us from liability and will indemnify and hold us harmless, from any contacts or communications you may have with that third-party, including, but not limited to, contacts or communications by email, text message, phone call, or meetings in person. We do not control or endorse the content, messages, or information found in any Communication Service, and we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Submissions

Any content, remarks, suggestions, feedback, testimonials, ideas, graphics, reviews, comments, advertisements, listings for products and/or services, leads, or other information communicated to us through this Website (together, the "Submissions") which you post, input, or submit to the Website or our associated services is considered to be non-confidential and public. We do not claim ownership of your Submissions, however, you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions alone or as part of other works (including, without limitation, for products or advertising) in any form, media, or technology whether now known or hereafter developed, without incurring any liability for royalties or any other consideration of any kind, and to sublicense such rights through multiple tiers of sublicensees. You agree that we shall not be liable as a result of any similarities that may appear between Submissions and our future operations and/or content.

You agree that all Submissions provided on this Website are the sole responsibility of the person or entity from which the Submissions originated, and that you are responsible for any Submissions that you post on this Website. By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent and warrant that you are the sole author of all Submissions you post or submit to the Website, and that such Submissions do not infringe upon the copyright, trademark, privacy, publicity, or other rights of any person or entity. You agree we are not liable or responsible for any Submissions made by you or other third parties.

By way of example, and not as a limitation, you agree your Submissions will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or electronic device; conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Website; violate any code of conduct or other guidelines which may be applicable for any particular Submission; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

We have no obligation to monitor Submissions. However, we reserve the right to review and to delete, remove, edit, move, or decline to post any Submissions on the Website in our sole discretion. You are exclusively responsible for the accuracy of all Submissions you post or submit to the Website. If you believe information in your Submission is incorrect, you must amend, delete, or flag such Submission immediately, or if you have concerns with our services regarding your Submission, you must notify us immediately. If any information in your Submission is found to be fraudulent, we reserve the right to immediately deactivate your user account and remove your Submissions without any form of compensation or advance warning.

No compensation will be paid with respect to the use of your Submissions, as provided herein. We are under no obligation to post or use any Submissions you may provide and we may remove any Submission at any time in our sole discretion.

Ownership

All content on this Website whether provided by this Website or through links, widgets, embeds, or social media or other third party features, is the copyrighted work of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s). Except as stated herein, none of the content of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s), with the exception that Website content may be shared through social media, so long as such sharing maintains a true and official link back to the Website and the shared content is unaltered.

Any trademarks, service marks, or logos appearing on this Website are our property or the property of the party that provided the trademarks, service marks, or logos to us. We and any party that provided trademarks, service marks, or logos to us retain all rights with respect to any of our respective trademarks, service marks, or logos appearing in this Website, whether registered or not. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Webit Customer Domain Ownership

If a Webit Customer has purchased its own domain, upon termination of the revocable license granted to Webit Customer to utilize our code and display our design, the Webit Customer owns and keeps the domain, but not the licensed design and code provided by us. However, if we own the domain used to display our design and utilize our code, we retain ownership of the domain and the licensed design and code after the license ends and shall be under no obligation to sell, convey, transfer, or otherwise provide ownership of the domain, design, or code to the Webit Customer to the maximum extent allowed by applicable law. We reserve the right to cease hosting any domain for any violation of these Terms, including but not limited to intellectual property right infringements or the violation of any law. Webit Customers are fully responsible for all written content, including, but not limited to, any legally required disclaimers, on their Webit Customer Websites.

Privacy & Information Use

Information processed via Webit.com and its systems may be stored and used for various purposes. Use of this Website is also governed by this Website’s Privacy Policy which outlines what information we collect on our Website and how that information is used. Please review our Privacy Policy for more information on our information collection, use, and sharing practices and our Children’s Online Privacy Protection Act and California Consumer Protection Act disclosures.

Copyrights and Trademarks

Violating the trademark or copyright rights of others is a violation of these Terms. Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Webit, Webit, or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Webit or Webit is the owner of all trademarks and service marks on this Website, whether registered or not.

Liability & Indemnity

For the purpose of this liability and indemnity provision, the terms “we,” “our,” and “us” refer to Webit, its subsidiaries, and its affiliates, and the owners, shareholders, members, directors, shareholders, owners, managers, officers, employees, agents, licensors or licensees, service or content providers, and suppliers of Webit, or of its subsidiaries and affiliates. The terms “you” or “your” refer to any individuals who use or access this Website.

Arbitration For Disputes

PLEASE READ THIS PROVISION CAREFULLY. BY USING THIS WEBSITE, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION, PROVIDED THAT EITHER YOU OR WE MAY BRING A CLAIM IN SMALL CLAIMS COURT. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.

No Agency, Joint Venture, Employment, or Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Website. You agree that our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our 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 us with respect to such use.

International Users

This Website is controlled, operated, and administered by us from our offices within the United States of America. This Website is not targeted towards users outside of the United States, and you agree that any use of the Website shall occur within the United States. By using or continuing to use the Website, you represent and agree that you are located in the United States. If you are using this Website outside of the United States, you agree that you will cease such usage immediately. You further agree that you will not use the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations, and that you are responsible for compliance with local laws.

Enforceability

These Terms shall be given effect to the fullest extent permissible by law. If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement and Headings

Unless otherwise specified herein, these Terms, coupled with our Privacy Policy, reflect the entire agreement between you and us regarding the Website and supersede and replace all prior or contemporaneous understandings or agreements of any type regarding this subject matter. Notwithstanding the foregoing, any additional terms and conditions provided with any service or product you obtain through the Website will also govern your use of that service or product.

The headings used herein are provided solely for your convenience and have no legal or contractual effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms, the terms provided on the relevant specific area or page of the Website shall control.

Reservation of Rights

All rights not expressly granted herein are reserved exclusively and entirely to us.

Assignment

You may not assign these Terms. We may assign these Terms, in whole or in part, at any time.

Accessibility

If any portion of this Website is inaccessible to you for any reason, please contact us at (855) 231-3733.

Notices, Contact Information

Unless otherwise permitted under applicable law or these Terms, all notices provided to us in connection with these Terms, including, without limitation, any notices regarding arbitration requests or other legal demands or claims, should be directed to the following address via certified mail:

Certified Mail:

Webit
c/o Legal Department
113 East Spruce
Beresford, SD 57004

Questions about these Terms should be directed to the following address via certified mail or email at the designated addresses below:

Certified Mail:

Webit
c/o Terms of Use
113 East Spruce
Beresford, SD 57004
Email: terms@webit.com

Questions about our products should not be directed to this address and will not be replied to. Please use this contact information only for questions regarding our Terms or Privacy Policy. For all other inquiries, refer to the Contact Us section of our home page.

Unless otherwise indicated, all material on this Website © 2011-2020 Webit.com®. All rights reserved.