WEBSITE TERMS OF USE 

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR SUBMITTING ANY INFORMATION THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 10 and 11).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of www.pagewheel.com including any sub-domains thereof, any paid applications, or services (the “Services”) and any affiliated websites (collectively, the “Website”), which are owned and maintained by Pagewheel LLC (“Pagewheel,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.  Please read them carefully.  We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, or submitting any information over the Website, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever. 

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 12 OR IF YOU OPT-OUT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 12 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

TABLE OF CONTENTS

  1. WEBSITE USE
  2. PRIVACY & SECURITY DISLOSURE
  3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
  4. NO PROFESSIONAL ADVICE
  5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMTION
  6. FEES AND PAYMENTS
  7. RESELLING AND WHITELABELING
  8. MODIFICATIONS TO THE WEBSITE, TRIALS, AND BETA FEATURES
  9. SOCIAL MEDIA
  10. DISCLAIMER OF WARRANTIES
  11. DISCLAIMER OF LIABILITIES
  12. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  13. INDEMNIFICATION
  14. THIRD-PARTY WEBSITES AND LINKS
  15. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
  16. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
  17. ELECTRONIC COMMUNICATIONS 
  18. ASSIGNMENT
  19. NO WAIVER
  20. SEVERABILITY
  21. TERMINATION
  22. ENTIRE AGREEMENT
  23. QUESTIONS OR ADDITIONAL INFORMATION 

TERMS OF USE

1. WEBSITE USE

By using the Website and agreeing to these Terms, you hereby represent and warrant that: (a) the information you provide in registering for, and using, the Website is accurate, complete, and rightfully yours to use; (b) you and all users are 18 years old or older; (c) you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms; (d) you and all users will use the Website in compliance with all applicable laws and all guidelines, standards, and other requirements that may be implemented by Pagewheel from time to time; (e) you and all users are authorized to submit data to Pagewheel and that such data has not been collected, stored, or transferred to Pagewheel in violation of applicable laws; and (f) you are not a competitor of Pagewheel or using the Services for purposes that are competitive with Pagewheel.

Further, you acknowledge and agree that: (a) you are solely responsible and liable for your use of the Website, including your acts and omissions in connection with the use of the Website, and all data, content, or information generated by your use of the Website (“Output”); (b) Output may be incomplete, inaccurate, or incorrect and may not reflect current, correct, or complete information; (c) you will not rely on Output as a sole source of truth; (d) before using or sharing Output, you will evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate; (e) Outputs may contain content that is inconsistent with our views; and (f) due to the nature of our Website, Output may not be unique and other users may receive similar output from our Website. 

We may offer you the ability to connect a custom domain name (a “Custom Domain”) to your Pagewheel website. By using this feature, you agree that: (a) you are solely responsible for the acquisition, registration, payment, and renewal of your Custom Domain through a third-party domain registrar; (b) your use of a Custom Domain does not imply our endorsement of your content, business, or website; (c) you grant us the necessary permissions and licenses to link to, serve, and display your Pagewheel content on your Custom Domain for the purpose of operating the service; and (d) your Custom Domain and all content hosted on it must comply with all provisions of this Agreement.

2. PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed HERE.  The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or Services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.

Pagewheel reserves the right to monitor and audit your activities relating to your access and use of the Website to ensure compliance with these Terms. You agree that you will cooperate with inquiries and audits relating to your access to the Website and provide us with proof that you comply with these Terms. Pagewheel reserves the right to terminate your access to the Website or the Services if it determines that you: (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Pagewheel’s rights or interests in its Website, Services, or other property; (4) do not pay Fees when due, or (5) for any or no reason whatsoever without prior notice to you. Pagewheel may take any other actions necessary in this regard or seek any remedies permitted by law.

In no event will any termination by us for any of the foregoing reasons entitle you to any refunds of any prepaid and unused Fees or relieve you of your obligation to pay any Fees payable to us prior to the date of termination, and any unpaid fees under your Plan will remain due and payable. Upon expiration or termination of these Terms: (a) you will pay to Pagewheel any Fees or other amounts that have accrued prior to the effective date of the termination; (b) any and all liabilities accrued prior to the effective date of termination will survive; and (c) your access to and use of the paid features of our Website will cease. Pagewheel shall have the right to permanently delete your information, settings, and account data within thirty (30) days of such expiration, cancellation, or termination with no liability or notice to you.

4. NO PROFESSIONAL ADVICE

Neither the Website nor the Services are intended to provide tax, legal, medical, insurance, or investment advice. All information provided is for general informational purposes only and should not be construed as advice. 

5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 

While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to descriptions, offers, and other information provided on our Website.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.  You agree that it is your responsibility to monitor changes to our Website. 

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent events or for other reasons.  In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

6. FEES AND PAYMENTS

The Services will be available to you will be based on your subscription plan. When you access the Services, you can select which features you would like to purchase, whether you would like monthly or annual payments, and your subscription length (“Subscription Term”) for each (collectively, your “Plan”). The details of your Plan and applicable fees you owe to Pagewheel (“Fees”) will be displayed within the Services. If we increase fees, we’ll notify you by email 14 days in advance. Continuing to use the Service after pricing changes means you accept them.

You will pay for your Plan in accordance with these Terms. Payments for Fees are due immediately on the first day of each Subscription Term and on each Monthly Pay Date or Annual Pay Date (each as defined herein), as applicable. If we do not receive timely payment from you for our Services, we may suspend your access to the Services. Payments for Fees are non-refundable, except where required by law or as specifically provided for herein. 

1. Monthly Plans

For Plans where you pay Pagewheel on a monthly basis, we will charge you on the first day of your Subscription Term and automatically on the same date in each subsequent month (“Monthly Pay Date”). We will continue to charge you for your Plan on the Monthly Pay Date unless you cancel your Plan. If you cancel your Plan in the month preceding your Monthly Pay Date, you will continue to have access to the Services until the following Monthly Pay Date and you will not be issued any refunds or credits for prepaid and unused fees for the remainder of the Subscription Term. Any price changes to a monthly Plan will take effect on the next Monthly Pay Date following notice to you of such price change.

2. Annual Plans

For Plans where you pay Pagewheel on an annual basis, we will charge you on the first day of your Subscription Term, and your Subscription Term will automatically renew for subsequent annual periods, and we will automatically charge you on the same date in each subsequent year (“Annual Pay Date”) unless you cancel your Plan. We will continue to charge you for your Plan on the Annual Pay Date unless you cancel your Plan prior to the next Annual Pay Date. If you cancel your Plan during an ongoing Subscription Term, you will continue to have access to the Services until the following Annual Pay Date, and you will not be issued any refunds or credits for any prepaid and unused fees for the remainder of the Subscription Term. Any price changes to an annual Plan will take effect on the next Annual Pay Date following notice to you of such price change. 

3. Plan Upgrades and Changes

If you upgrade or change your Plan during your Subscription Term, you will be charged the then-current price generally available to our customers for the upgrade or additional Services, prorated based on the number of days remaining in your Subscription Term (unless otherwise stated within the Services). Any upgrade that you add will be coterminous with the existing Plan and will automatically renew at the end of the Subscription Term along with your Plan. If you choose to downgrade your Plan or remove any features from your Plan, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content or features and we will not be liable for any such loss.

4. Payment Processing

You acknowledge and agree that Pagewheel uses a third-party payment processor to process payments made by credit card or PayPal account. By submitting your credit card or PayPal information to Pagewheel, you authorize the third-party payment processor, acting on behalf of Pagewheel, to store such information and to charge the credit card or PayPal account until your Subscription Term is terminated. In addition, you authorize us to use a third-party payment processor in processing payments. If your credit card expires, or is declined, or your PayPal information requires an update, we will provide notice to you via email. If, for any reason, your payment cannot be completed through credit card or PayPal, we may suspend your access to our Services until we receive payment. You can choose to set up a backup payment method that will be used if the primary method fails for any reason (such as an expired credit card or insufficient funds). By adding a backup payment method, you agree that, if your primary payment method fails, Pagewheel can automatically charge your backup payment method to avoid interruptions to the Services. 

5. Refunds, Disputes, and Taxes

We offer a 30-day refund policy on your most recent payment of Fees. To request a refund, you must contact us at hello@pagewheel.com within 30 days of the payment in question. Refunds are not available for payments made more than 30 days prior to the request, unless required by law. Refunds can take up to 14 days to post to your account. If you cancel your Plan during an ongoing Subscription Term, you will not be issued any refunds or credits for any prepaid and unused fees for the remainder of the Subscription Term, and you will be required to pay any and all unpaid fees due to Pagewheel. If you fail to make timely payments, any and all unpaid fees that are outstanding under your Plan may become immediately due and payable in Pagewheel’s discretion. This Agreement does not override any mandatory local laws regarding your cancellation rights. 

You must notify us in writing of any amounts you wish to dispute prior to the date such amounts would otherwise be due. Except for amounts disputed by you in good faith, any amount not paid when due shall be subject to finance charges equal to one and one-half percent (1.5%) of the unpaid balance per month (determined and compounded daily from the date due until the date paid) or the highest rate permitted by applicable law, whichever is less. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by us to collect any amount that is not paid when due. Amounts due from you under this Agreement shall not be withheld or offset by you against amounts due to you for any reason.

You are responsible for the payment of any applicable Taxes resulting from your purchase or use of the Services. 

7. RESELLING AND WHITELABELING

Only users on our enterprise plan (“Resellers”) are authorized to resell access to our Services or use the Services on behalf of their own users. If you are a Reseller, you acknowledge and agree that: (a) you are solely responsible for all of your users, including all billing, customer support, and technical assistance; (b) you must have your own legally binding terms of service and privacy policy with your users, and these terms must be at least as protective of Pagewheel as this Agreement; (c) you are solely responsible for ensuring your users comply with this Agreement; (d) you are fully liable for any breach of this Agreement by your users; (e) we have no direct relationship, contractual or otherwise, with your users; (f) we are not liable for any claims, damages, or losses arising from your relationship or interactions with your users; (g) you agree to indemnify and hold Pagewheel harmless from any and all claims, damages, and legal fees arising from your users use of the platform or any breach of your obligations under this Agreement; (h) we reserve the right to suspend or terminate your access to the Servies, and by extension all associated child accounts, for any violation of these Terms by you or your users.

8. MODIFICATIONS TO THE WEBSITE, TRIALS, AND BETA FEATURES

We reserve the right to modify or discontinue access to the Website (or any product feature or part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Any offer for any product or service made on this Website is void where prohibited. 

Pagewheel may make free trials, early access, or beta features (“Trials and Beta Features”) available to you solely for evaluation and testing purposes. You acknowledge and agree that Trials and Beta Features are provided on an “as is” and “as available” basis without any warranties or conditions of any kind, whether express, implied, statutory or otherwise. Pagewheel may, in its sole discretion, suspend, limit, or terminate access to Trials and Beta Features at any time. Pagewheel is not obligated to provide support for Trials and Beta Features and provides no assurance that any errors or performance issues in Trials and Beta Features will be corrected. Use of Trials and Beta Features is at your sole risk and may be subject to additional requirements as specified by Pagewheel. In no event will Pagewheel be liable to you arising out of or relating to your use of or inability to use Trials and Beta Features.

9. SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Pagewheel, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

10. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE, ACCESSIBLE, SECURE, TIMELY, ACCURATE, COMPLETE OR ERROR-FRE.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL PAGEWHEEL OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE WEBSITE AND SERVICES YOUR PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR SERVICES OR YOUR PRODUCT OR SERVICE, REGARDLESS OF WHETHER PAGEWHEEL HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. PAGEWHEEL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE WEBSITE OR SERVICES DUE TO INAPPROPRIATE EQUIPMENT, INTERRUPTIONS, OR OTHER ISSUES RELATED TO THE INTERNET AND ELECTRONIC COMMUNICATIONS SERVICE PROVIDERS, OR ANY OTHER DELAY, ERROR, OMISSION, INTERRUPTION, DELETION, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, OR LOSS OF DATA ON THE SERVICES, ALL OF WHICH ARE NOT WITHIN PAGEWHEEL’S REASONABLE CONTROL. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PAGEWHEEL IS FOUND LIABLE UNDER ANY THEORY, PAGEWHEEL’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF (a) USD $500.00 OR (b) THE TOTAL FEES PAID TO PAGEWHEEL IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PAGEWHEEL WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND PAGEWHEEL ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, PAGEWHEEL’S PRIVACY POLICY OR TERMS OF USE, PAGEWHEEL’S ADVERTISING OR MARKETING PRACTICES, OR PAGEWHEEL’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF TEXAS TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND PAGEWHEEL AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT PAGEWHEEL’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT PAGEWHEEL HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF TEXAS FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF PAGEWHEEL’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.  OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU ACCESSED, USED, OR TRANSMITTED INFORMATION THROUGH PAGEWHEEL’S WEBSITE BY SENDING A LETTER TO: PAGEWHEEL LLC ATTN. LEGAL DEPARTMENT, MAILING INFO STATING YOUR NAME, THE WEBSITE YOU ACCESSED, USED, OR TRANSMITTED INFORMATION THROUGH, OR ANY PRODUCT OR SERVICE PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.

13. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Pagewheel, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to: (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in these Terms; (3) your violation of any law or the rights of a third-party, including any intellectual property rights; (4) any data or input you provide through the Services; and (5) your use of any Output.

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party. 

15. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS

Pagewheel is pleased to hear from users and welcomes your comments regarding our Website. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. 

Customer represents and warrants that it is solely responsible for all testimonials, reviews, endorsements, and other marketing content published through its use of the Services. Customer further represents and warrants that, to its knowledge, such testimonials reflect genuine customer experiences, that Customer has the right to use any associated name, image, or likeness, and that its use of testimonials complies with applicable advertising laws, including FTC endorsement requirements. Customer acknowledges that Company acts solely as a technology provider and does not create, select, verify, endorse, or monitor Customer’s testimonial content.

You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Pagewheel may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials and Output, may be used for any form of advertising relating to Pagewheel’s products or Services, in printed and online media, as Pagewheel determines in its absolute discretion. These testimonials do not represent the generally expected user experience.

  1. DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement: 

PAGEWHEEL LLC

Attn:  DMCA/Copyright Agent

Address: 4248 Little Bend Ct., Fort Worth, TX 76244

Email: hello@pagewheel.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

INTELLECTUAL PROPERTY RIGHTS, LICENSE

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations, platform, templates, and other content associated with the Website (the “Content”) are owned or licensed by and to Pagewheel or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Pagewheel, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by Pagewheel, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Pagewheel.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

1. Copyright

The copyright in all materials provided on the Website is owned by Pagewheel or its affiliate(s). Except as stated herein, none of the material contained in 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 written consent of Pagewheel. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. Pagewheel may revoke any of the foregoing rights at any time. You may not, without Pagewheel’s prior written consent, “mirror” any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Website are registered or unregistered Trademarks of Pagewheel. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Pagewheel or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Pagewheel. Pagewheel prohibits the use of any Pagewheel logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by Pagewheel in writing.

3. Output and Usage Data

To the extent permitted by applicable law, you shall retain all intellectual property rights in, and sole ownership of, your Outputs, including any significant modifications you make to such Outputs. You grant us a nonexclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze your Outputs for the purpose of operating the Website and providing our Services. By using our Website and Services, you permit us to share the products you create (e.g. e-books and offer pages) and Outputs with the people who sign up to receive the content you created and to place the content you created onto publicly accessible URLs.  

You acknowledge and agree that Pagewheel may use data regarding your use of the Website, including de-identified, anonymized, or aggregated Outputs (“Usage Data”) to: (a) operate, improve, and support the Website; (b) develop or enhance new products and services; (c) develop and publish benchmarks and similar informational reports for internal purposes or sharing with external parties; and (d) for any other lawful purpose. Pagewheel will own all intellectual property rights in, and sole ownership of, such Usage Data and any data derived therefrom.  

17. ELECTRONIC COMMUNICATIONS

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

18. ASSIGNMENT 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Pagewheel and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Pagewheel’s business is transferred to another entity by way of merger, sale of its assets or otherwise. 

19. NO WAIVER

No waiver by Pagewheel of any term or condition set forth in these Terms 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 by Pagewheel to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

21. TERMINATION

In the event that we terminate this Agreement, Sections 1-20, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

22. ENTIRE AGREEMENT 

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Pagewheel and supersedes and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

23. QUESTIONS OR ADDITIONAL INFORMATION 

Please contact Customer Support if you have any questions.  Additional information can be located on our Website. 

PAGEWHEEL LLC

Address: 4248 Little Bend Ct., Fort Worth, TX 76244

Email: hello@pagewheel.com

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