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CODE OF CONDUCT

You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage, or support a third party’s attempts, to:

  • use this Site, the Software Agent or the Service for any unlawful personal, commercial, research, or information gathering purposes;
  • circumvent, re-engineer, decompile, decrypt, break, or otherwise alter or interfere with this Site or the Software Agent;
  • breach or otherwise circumvent any security or authentication measures;
  • probe, scan or test the vulnerability of this Site, the Software Agent or the Service or any network;
  • create derivative works of or reproduce, modify, distribute, sell, or otherwise transfer any rights in or to any of the content on this Site;
  • meta tag, provide links to, frame, or mirror this Site;
  • restrict, inhibit, or prevent any access to, use or enjoyment of this Site or the Service;
  • use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scraper, avatars or intelligent agents, deep link, or other similar automated device, program, algorithm, or methodology (other than those made available by 2W Tech on this Site or other generally available third party web browsers, e.g., Firefox or Microsoft Internet Explorer), to access, acquire, copy, monitor, navigate, or search this Site;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” “scrape,” or in any way reproduce or circumvent the navigational structure or presentation of this Site or the contents of this Site;
  • plant or otherwise use the service to distribute malware; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • send unsolicited communications or spam;
  • impersonate or misrepresent your affiliation with any other person or entity.

You also agree that you shall comply with the Code of Conduct by not transmitting, submitting or posting any of the following to this Site:

  • information that is false, inaccurate, incomplete, untimely or misleading;
  • information that violates any law, statute, ordinance or regulation;
  • information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to 2W Tech or third parties or that infringes on 2W Tech’s or any third party’s rights of publicity or privacy;
  • information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of “spam”;
  • commercial advertisements or solicitations without prior written permission from 2W Tech;
  • information that infringes 2W Tech’s or any third party’s copyright, patent, trademark, trade secret or other confidential and/or proprietary rights; or
  • copyrighted and/or trademarked information without prior written permission from 2W Tech.

TERMS OF SERVICE

You agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with all of the terms of our Terms of Service and our Privacy Policy, you are not authorized to visit or use this Site, register to use or use the Service, or submit information through this Site or the Service, and your sole remedy is to stop using this Site and the Service.

DEFINITIONS

In addition to the capitalized defined within these Terms of Service, the following capitalized terms will have the following meanings:

“Aggregated Information” means aggregated, anonymous data and statistical information about the use of this Site and/or our Service.

“Additional Service” means any Service provided to a Customer by 2W Tech, such as development, configuration, implementation, integration, training, support and consulting services, which is not one of our standard services.

“2W Tech“, “our“, “us“, and “we” means 2W Technologies, Inc, BrightGage Software Inc. it’s partners, publishers, suppliers and affiliates .

“Customer“, “user“, “you” and “your” means any person who visits or uses this Site, registers to use or uses the Service or submits information through this Site.

“Customer Data” means all data that is provided through this Site for hosting, analytics, report building and/or other data processing Services.

“Personal Information” means all personally identifiable information provided through this Site for purposes of using this Site or the Service, including, without limitation, your name, company’s name, contact information, username, password, other log-in information and credit card information.

“Service” means the service or services, as applicable, provided through this Site and all of our current and future intellectual property rights and proprietary technology relating to the Service, including, without limitation, all copyrights, patents, trademarks and software, regardless if whether the service is provided as a free trial or paid service. The Service will include, without limitation, all web-based analytics, web-based dashboards, report building and other data processing services, as well as all Additional Services, if any, provided through this Site.

“Site” means this website, the Software Agent and all of our current and future intellectual property rights and proprietary technology relating to this Site, including, without limitation, all copyrights, patents, trademarks and software.

YOUR USE OF THIS SITE AND THE SERVICE

You are only entitled to use this Site and the Service for lawful purposes and pursuant to these Terms of Service. By using this Site, registering to use or using the Service, or submitting information through this site or the Service, you represent to 2W Tech that you (i) are authorized to act on behalf of the legal entity contracting with 2W Tech or of legal age to agree to these Terms of Service; (ii) agree to comply with all applicable rules, regulations, and laws regarding online conduct and transmission of information; (iii) agree to be bound by these Terms of Service; and (iv) you will comply with our Acceptable Use Policy. To determine your compliance with these Terms of Service, we reserve the right, but are not obligated, to monitor your use of this Site and/or the Service.

SOFTWARE AGENT

Our Service may require you to download a software agent (“Software Agent“) so you can provide Customer Data and Personal Information through this Site for use with the Service. 2W Tech hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software Agent solely to provide Customer Data and Personal Information through this Site for use of the Service. Your license to use the Software Agent is automatically revoked if you violate these Terms of Service or you use of this Site and/or the Service are canceled or terminated. 2W Tech reserves all rights not expressly granted to you in these Terms of Service. Our Service may update the Software Agent on your device automatically when a new version is available, and you hereby authorize such updates. Excessive use of the Software Agent (determined at the sole discretion of 2W Tech) to access this Site or use the Service or for any other reason may result in a suspension or termination of your use of this Site and/or the Service.

ADDITIONAL SERVICES

Pursuant to these Terms of Service, you may, from time to time, request us to provide you with Additional Services. All Additional Services must be set forth in a written “Statement of Work” executed by both you and us prior to our commencing performance of any Additional Service. Each Statement of Work must include a description of the applicable deliverables (“Deliverables“) to be provided by us and/or Services performed by us, commercially reasonable terms for testing and collaboration with us, and pricing, as well as estimated time-frames for delivery or performance, as applicable. A Statement of Work may also include such additional terms and conditions as you and 2W Tech may agree to include. If there is a conflict between these Terms of Service and any Statement of Work, then these Terms of Service will prevail, unless the Statement of Work specifically refers to the conflict and states that the Statement of Work will prevail. Each Statement of Work is hereby incorporated into these Terms of Service by reference.

AVAILABILITY

Your use of this Site and/or the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Site and/or the Service, or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend, or discontinue the availability of this Site and/or the Service, or any portion or feature of either, at any time and in our sole discretion and without prior notice. You, and not 2W Tech, are solely responsible for maintaining, protecting, backing-up and providing redundant access to your Customer Data and Personal Information.

JURISDICTIONAL RESTRICTIONS

Although this Site and the Service are accessible worldwide, this Site and the Service are neither designed nor intended for use outside the United States. Those who choose to access this Site or the Service from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of this Site and/or the Service to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.

USERNAMES AND PASSWORDS

Use of the Service requires that you register with a username and password. Your username and password will allow you to log-in, access and use this Site and the Service. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY, MAINTENANCE, AND PROPER USE OF YOUR USERNAME AND PASSWORD AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree not to disclose any usernames or passwords to any third party and not to permit any third party to make use of any username or password. You also agree to use proper termination procedures at the end of each session during which you access this Site and the Service, including full termination of your connection with the Service.

You shall immediately notify 2W Tech by e-mail if you become aware of any actual or suspected unauthorized access to or use of the Service by any party or any other actual or potential security breach involving the Service. 2W Tech may, in our sole discretion and at any time, decide to change your username or password upon notice to you.

If you discover at any time that you have been granted access to any information or documents contained on this Site and/or the Service that you are not authorized to access or view, you shall (i) immediately cease any access to such information; (ii) take reasonable steps to prevent the disclosure of any such unauthorized information; and (iii) immediately inform 2W Tech of this situation by e-mail.

CANCELLATION

You may cancel the Service at anytime by contacting 2W Tech at the e-mail address provided below. You are solely responsible for properly canceling your account with 2W Tech. Once you cancel your account, your information may no longer be available or accessible. If you cancel the Service during a month which is not pre-paid in full and in advance, your cancellation will take effect immediately.

PROPRIETARY RIGHTS

Site and Service

2W Tech owns all right, title and interest in and to this Site and the Services. 2W Tech reserves all rights not expressly granted to you in these Terms of Service.

Names and Markings

As between you and 2W Tech, 2W Tech owns all right, title and interest in and to the name “2W Tech” and all other service names, trade names and trade dress owned and/or operated by 2W Tech, as well as all of 2W Tech’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, “Names and Markings“). You may not use any of the Names and Markings without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark, and other proprietary notices appearing on this Site or in any way connected with the Service. We make no proprietary claim to any third party names, copyrights, service marks, trademarks, or trade dress appearing on this Site. Any third party names, copyrights, service marks, trademarks, or trade dress appearing on this Site are property of their respective owners. Without our express, prior written consent, you may only print, download, or otherwise use the Names and Markings for your own internal, non-commercial use consistent with these Terms of Service and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use is permitted.

Customer Data

As between you and 2W Tech, you exclusively own all right, title and interest in and to all Customer Data. Customer Data is deemed Confidential Information under these Terms of Service. For more information about how we handle your Confidential Information, please read our “Privacy Policy“.

Personal Information

As between you and 2W Tech, you also exclusively own all right, title and interest in and to all Personal Information. Personal Information is deemed Confidential Information under these Terms of Service. For more information about how we handle your Confidential Information, please read our “Privacy Policy“.

Aggregated Information

As between you and 2W Tech, 2W Tech exclusively owns all right, title and interest in and to all Aggregated Information. Aggregated Information is not Confidential Information under these Terms of Service. For more information about how we handle Aggregated Information, please read our “Privacy Policy“.

Feedback

2W Tech exclusively owns all right, title and interest in and to any and all suggestions, enhancement requests, recommendations or other feedback you provide and relating to this Site and/or the Service (“Feedback“).

RIGHTS YOU GRANT TO 2W TECH

Subject to these Terms of Service, including 2W Tech’s confidentiality obligations as set forth in our “Privacy Policy“, you hereby grant 2W Tech a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and license to use the Customer Data and perform all acts with respect to the Customer Data as may be necessary for 2W Tech to provide the Service. You also hereby assign to 2W Tech all of your right, title, and interest in and to the Feedback, including, without limitation, all intellectual property rights relating to Feedback. At 2W Tech’s request and expense, you will execute all reasonable documents and take such further acts as 2W Tech may reasonably request to assist 2W Tech to acquire, perfect and maintain such intellectual property rights in the Feedback.

By submitting Feedback, Customer Data and/or Personal Information to 2W Tech, you represent and warrant to 2W Tech that you are entitled to submit such Feedback, Customer Data and/or Personal Information to 2W Tech and 2W Tech is entitled to use such Feedback, Customer Data and/or Personal Information as set forth in these Terms of Service, without any restrictions or limitations and without any monetary or other obligation by 2W Tech. From time to time, we may need your permission to do things with your Customer Data and/or Personal Information to be able to provide you with the Service. You are hereby providing us with your permission to do those things solely to provide you with the Service. This permission also extends to third parties, such as credit card processors, we work with to provide you with the Service.

Links to Third Party WEBSites

This Site may contain links to thirty party websites. These links do not constitute an endorsement by 2W Tech of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, privacy policy, practices, or the content of such third parties or their websites. We encourage our customers to be aware of when they leave this Site and to read the terms and conditions of use and privacy policy of each website for which there is a link from this Site. If you have a question about the terms and conditions of use, privacy policy, practices, or content of a third party website, please contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

LINKING TO THIS SITE

You may link to this Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This Site may not be framed on any other website, nor may you create a link to any part of this Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS OF SERVICE, AND ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF SERVICE WHICH MATERIALLY INDUCED 2W TECH TO ENTER INTO THESE TERMS OF SERVICE.

THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS OF SERVICE, THIS SITE AND THE SERVICE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THIS SITE, THE SERVICE, OR ANY DATA, MATERIALS, OR CONTENT CONTAINED THEREIN, SHALL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS SHALL BE CORRECTED; THAT THIS SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THIS SITE OR THE SERVICE WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT THIS SITE OR THE SERVICE WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT THIS SITE AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE AND/OR THE SERVICE ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE AND/OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY 2W TECH OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, SERVICES, CONTENT, DATA, MATERIAL, SOFTWARE, EQUIPMENT, OR HARDWARE. WE SHALL NOT BE LIABLE FOR YOUR USE OF THIS SITE AND/OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THIS SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS OF SERVICE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

This Site and the Service are not fault-tolerant and are not designed, manufactured or intended for any use requiring fail-safe performance in which the failure of this Site or the Service could lead to death, serious personal injury or severe physical or environmental damage (“High Risk Activities“). This includes the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control or other situations in which a malfunction of this Site and/or the Service could result in foreseeable risk of injury, death or property damage. You agree NOT to use this Site or the Service in connection with any High Risk Activities.

This Site and/or the Service may become unavailable due to any number of factors, including, without limitation, scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the unavailability or interruption of access to the Internet. The disclaimers set forth in this section shall apply regardless of whether (i) we determine that your device, network or system is deemed secure; (ii) you perform such modifications to your device, network or system as we reasonably suggest in order for your device, network or system to be deemed “secure”, or (iii) otherwise.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

LIMITATION OF LIABILITY

WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS THAT MAY BE CAUSED BY YOUR USE OF THIS SITE AND/OR THE SERVICE OR YOUR INABILITY TO ACCESS THIS SITE AND/OR THE SERVICE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR THE COST OF PROCUREMENT OF REPLACEMENT PRODUCTS, SOFTWARE, SERVICES, DATA, CONTENT OR MATERIAL. WE SHALL NOT BE LIABLE FOR ANY indirect, incidental, special, consequential, PUNITIVE or exemplary DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE AND/OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF 2W TECH TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OF SERVICE, YOUR USE OF THIS SITE AND/OR THE SERVICE, OR SUBMISSION OF INFORMATION THROUGH THIS SITE OR THE SERVICE, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE GREATER OF (I) ALL FEES PAID BY YOU TO 2W TECH DURING THE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE; AND (II) $100. THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THIS SITE AND/OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

You hereby agree to defend, indemnify, and hold harmless 2W Tech and its officers, directors, shareholders, employees, affiliates, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising out of, or attributable to (i) any breach or violation by you of these Terms of Service; (ii) your failure to provide accurate, complete, and/or current information when using this Site, registering to use or using the Service, and/or submitting information through this Site or the Service; (iii) your use or misuse of this Site or the Service; and (iv) any agreement between you and any third party.

DISPUTE RESOLUTION

Most concerns involving this Site and/or the Service can be resolved quickly and efficiently through our customer service department. If you are unable to resolve your concern within ten (10) business days of contacting our customer service department, then either party may file an arbitration proceeding pursuant to these Terms of Service to resolve the dispute.

Any controversy or dispute not resolved through our customer service department and arising out of these Terms of Service, use of this Site, registering to use or using the Service, and/or the submission of any information through this Site or the Service, shall be submitted to final binding arbitration in Miami-Dade County, Florida before the American Arbitration Association under the commercial arbitration rules then administered by the American Arbitration Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. Except as otherwise provided in these Terms of Service, no action at law or in equity based upon any claim arising out of or related to these Terms of Service, use of this Site, registering to use or using the Service, and/or the submission of any information through this Site or the Service, shall be instituted in any court by any party, except: (i) an action to compel arbitration pursuant to this section; (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this section; or (iii) an action for injunctive relief. Any arbitration relating to these Terms of Service, use of this Site, registering to use or using the Service, and/or the submission of any information through this Site or the Service, will take place on an individual basis and class arbitrations and class actions are hereby specifically agreed to as not permitted. You agree that you and 2W Tech are each waiving their right to trial by jury or to participate in a class action.

The prevailing party in any arbitration proceeding or any action to compel arbitration, enforce an arbitration award, or seek injunctive relief and arising out of or relating to these Terms of Service use of this Site, registering to use or using the Service, and/or the submission of any information through this Site or the Service will be entitled to an award of their attorneys’ fees and costs incurred at trial and all levels of appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that we may be irreparably damaged if these Terms of Service are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms of Service by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms of Service.

GOVERNING LAW, JURISDICTION AND VENUE

These Terms of Service shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, without giving effect to principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any action to compel arbitration or enforce an arbitration award or seek injunctive relief pursuant to these Terms of Service, the parties hereby expressly consent to the jurisdiction and venue of the state and/or federal courts in and/or for Waukesha County, Wisconsin, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise.

FORCE MAJEURE

Except for your obligation to pay 2W Tech, neither party shall be liable for any delay in performing its obligations if such delay is caused by circumstances beyond the party’s reasonable control, including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, terrorism, floods, windstorm, labor disputes, or delay of essential materials or services. The delayed party shall promptly notify the other party of the reasons for and the likely duration of the delay, whereupon an extension of time equal to the period of delay, but not greater than thirty (30) days, shall be granted to the delayed party. If the period of the delay shall exceed thirty (30) days, then the non-delayed party may cancel further performance of the delayed obligation without any penalty whatsoever.

TERM AND SURVIVAL

Your agreement to be bound by these Terms of Service commences with your visiting or using this Site, registering to use or using the Service, or otherwise submitting information through this Site or the Service, and your agreement to be so bound will continue until right to use this Site and/or Service is either canceled or terminated, subject to the survival of the following provisions – Privacy Policy; Acceptable Use Policy; DMCA Policy; Payment; Cancellation; Non-Payment and Late Fees; Disputed Charges; Proprietary Rights – Site and service, Names and Markings, Customer Data, Personal Information, Aggregated Information and Feedback; Rights You Grant To 2W Tech; Publicity; Links to Third Party Websites; Linking to this Site; Disclaimer of Warranties; Limitation of Liability; Limitation On Time To File Claims; Indemnification; Dispute Resolution; Governing Law, Venue, and Jurisdiction; Force Majeure; Term and Survival; Changes To Terms of Service; General Information; and any other obligation you have to 2W Tech. If, following the cancellation or termination of your right to use this Site and/or the Service, you visit or use this Site, register to use or use the Service, or otherwise submit information through this Site or the Service, then you again agree to be bound by these Terms of Service.

CHANGES TO OUR TERMS OF SERVICE

At our sole discretion and at any time, we may amend these Terms of Service. You should review these Terms of Service for amendments each time you visit or use this Site or purchase or use the Service. For your convenience, we post on this Site the last date these Terms of Service were updated. If our Terms of Service are amended, the amended Terms of Service will take effect immediately for all users of this Site and the Service. Your continued use of this Site and/or the Service following an amendment will evidence your acceptance of the amended Terms of Service.

GENERAL INFORMATION

Our Privacy Policy, Acceptable Use Policy  are hereby incorporated into and made a part of these Terms of Service by reference. These Terms of Service, as amended from time to time by 2W Tech, represents the entire understanding and agreement between you and 2W Tech regarding the subject matter of these Terms of Service and supersede any and all other previous agreements, understandings, or representations regarding the same. By visiting or using this Site, registering to use or using the Service, or submitting information through this Site or the Service, you consent to receive communications from 2W Tech electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. No waiver of any portion of these Terms of Service will be effective unless it is in writing and signed by an authorized representative of 2W Tech. The failure of 2W Tech to require performance of any obligation under these Terms of Service will not affect our right to enforce any provision of these Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void, or unenforceable any part of these Terms of Service, the applicable document as a whole will not be deemed unlawful, void, or unenforceable, but only that portion of the applicable document that is unlawful, void, or unenforceable will be stricken. Your rights and obligations under these Terms of Service are not assignable, transferable, or sub-licensable by you.

 

 

2W Tech adopted this Privacy Policy to make it easy for you to understand how 2W Tech collects, stores, uses and discloses information you provide to 2W Tech. Please read our Terms of Service and this Privacy Policy carefully prior to using this Site, registering to use or using the Service, and/or submitting information through this Site or the Service. If you do not agree with all of the terms of our Terms of Service and our Privacy Policy, you are not authorized to use this Site, register to use or use the Service, and your sole remedy is to stop using this Site and the Service.

Scope

This Privacy Policy covers information provided through this Site and/or the Service; provided, however, this Privacy Policy does not apply to information submitted to third parties regardless if you link to such third parties through this Site. By providing information through this Site and/or the Service, you acknowledge and agree that such information is governed by this Privacy Policy.

CUSTOMER DATA

We respect the confidential nature of your Customer Data. 2W Tech will not review, share, distribute, or reference any Customer Data, except as provided in our Terms of Service or as may be required by law. In accordance with our Terms of Service, we may access your Customer Data to provide you with the Service, as well as to prevent or address service or technical problems. We may also access your Customer Data to provide you with customer support.

PERSONAL INFORMATION

You can visit this Site without telling us who you are and without revealing any of your Personal Information. However, there are times when we may need certain Personal Information from you, such as when you register to use a Service. When you provide Personal Information to us, we use your Personal Information to provide you with access to the requested Service, content and/or information. We may also use your Personal Information to help us understand who is visiting this Site and using our Service. We may also use your Personal Information to:

  • Provide technical administration and customer support.
  • Respond to your inquiries.
  • Send important notices, such as communications about purchases and changes to our terms, conditions, and policies.
  • Process payment for purchases you make.
  • Deliver products and services you purchase or request.
  • Make it easier for you to log back into this Site and the Service.
  • Contact you about our specials and new services or specials and new services from our affiliated companies or other third parties, unless you ask us not to contact you about these offers. For details on how to opt out of receiving information about specials and new services, please see the “Opting Out of Future Contact” section of this Privacy Policy.
  • Manage your use of the Service.
  • Verify your eligibility and deliver prizes in connection with contests and sweepstakes.
  • Enforce our Terms of Service.
  • Protect against or identify fraudulent transactions.

AGGREGATED INFORMATION

We collect, analyze and use Aggregated Data to help us provide you with a better user experience. For example, we keep track of the domains from which users visit this Site and we also measure visitor activity on this Site. When we use Aggregated Information, we do so in a way that keeps your Personal Information anonymous. You hereby acknowledge and agree that 2W Tech may make Aggregated Information publicly available, provided that such information does not incorporate any Customer Data and/or identify you or your Confidential Information. By way of example, we use Aggregated Information to:

  • Analyze our audience size and usage patterns.
  • Develop, deliver, and improve our services.
  • Develop and display content and advertising tailored to your interests.
  • Manage our business.

Disclosure of Your Personal Information

2W Tech is not in the business of sharing or selling your Customer Data or Personal Information. We consider this information to be a vital part of our relationship with you. However, in addition to specific requests by you, there are certain circumstances in which we may share your Customer Data and/or Personal Information with third parties without further notice to you, as set forth below:

  • Business Transfers. As we develop our business, we may buy, sell or reorganize businesses or assets. In the event of such sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets.
  • Affiliated Companies. We may also share your Personal Information with our subsidiaries, affiliates and other related companies for purposes consistent with this Privacy Policy and providing you with the Service.
  • Agents, Consultants and Service Providers. 2W Tech, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
  • Credit Card Processing. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on 2W Tech’s behalf.
  • Legal Requirements. 2W Tech may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation; (ii) enforce, protect or defend the rights or property of 2W Tech; (iii) act in urgent circumstances to protect the personal safety of users of this Site or the public; or (iv) protect against legal liability.

Joint Offerings

From time to time, 2W Tech may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, 2W Tech may share information collected in connection with your purchase or expression of interest with our joint promotion partner(s). 2W Tech does not control our business partners’ use of the information we share with them, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, your sole remedy is to opt not to purchase or specifically express interest in a jointly-offered product or service.

 

CONFIDENTIALITY

Definition.
“Confidential Information” means any and all of the following information, disclosed or made available by either party (“Disclosing Party“) to the other party (“Receiving Party“), and any derivatives thereof, which is confidential and proprietary in nature, including, but not limited to, Customer Data, Personal Information and past, present and future Disclosing Party: business and financial records; business and marketing plans; contracts; sales; reports; billings; insurance filings; employees; customers; vendors; proof of concepts; products and/or services, in preliminary and final production form; pricing; intellectual property; source codes; object codes; technical knowledge; trade secrets; internal practices and procedures; feedback relating to any Confidential Information; other information relating to Disclosing Party’s business, including, without limitation, the terms and conditions of any Statement of Work; and any third-party confidential information which Disclosing Party may be authorized, from time to time, to review, have access to and/or use, including, without limitation. Confidential Information will not include information which (i) the Receiving Party lawfully had in its possession prior to disclosure by Disclosing Party; (ii) is now or subsequently becomes generally available to the public without a breach of this Privacy Policy by Receiving Party; (iii) Receiving Party can document as independently created without the use of any Confidential Information of the Disclosing Party; or (iv) Receiving Party can document as lawfully obtained from a third-party who has the unrestricted right to transfer the information to the public.

Non-Disclosure and Non-Use of Confidential Information

Except to specifically perform their obligations or pursuant to their rights under the Terms of Service and this Privacy Policy, Receiving Party shall not, and Receiving Party shall cause Receiving Party’s principals, shareholders, members, directors, officers, employees, affiliates, consultants, representatives and agents (collectively, “Representatives“) not to (i) disclose any Confidential Information to any other person or entity for so long as the Confidential Information shall remain confidential, including, without limitation, not disclosing idle gossip or Confidential Information (i.e., personal or financial) to individuals within Disclosing Party or Receiving Party who do not need to know such information for a Receiving Party to perform their obligations under this Agreement; and (ii) use, directly or indirectly, any Confidential Information for its benefit or the benefit of any third party (except as otherwise required to provide you with the Service).

Additional Restrictions

Receiving Party shall disclose the Confidential Information to a Representative if, and only if, the Representative needs to know the Confidential Information in the ordinary course of that Representative’s work for Receiving Party with respect to the Receiving Party performing their obligations consistent with the Terms of Service and this Privacy Policy. Receiving Party represents that Representatives receiving the Confidential Information are bound by similar restrictions of confidentiality not to disclose or use the Confidential Information as Receiving Party is bound by this Privacy Policy. Receiving Party may disclose the Confidential Information pursuant to a court order; provided, however, Receiving Party must provide Disclosing Party with sufficient notice for Disclosing Party to challenge the request for disclosure of such Confidential Information prior to such disclosure. Receiving Party shall promptly notify Disclosing Party of any unauthorized use or disclosure of Confidential Information, and Receiving Party shall promptly take any and all reasonable efforts to prevent further unauthorized use or disclosure of the Confidential Information.

Ownership of Confidential Information

Receiving Party agrees that all Confidential Information is and shall remain the exclusive property of Disclosing Party and Disclosing Party owns all Confidential Information, in tangible and intangible form, and any and all copies, reproductions and reductions to any media and all derivatives of such information, regardless if created by Disclosing Party or Receiving Party; provided, however, all aggregated Information shall be owned solely by 2W Tech, and not by any Customer.

Return of Confidential Information

All Confidential Information, whether created by Disclosing Party, Receiving Party or a Representative, is and shall remain the property of Disclosing Party. Immediately upon request of Disclosing Party, Receiving Party shall promptly return to Disclosing Party, or certify to Disclosing Party as being destroyed, all originals, copies, reproductions and reductions to writing and/or an electronic format of any and all Confidential Information which Receiving Party has received or obtained; provided, however, 2W Tech may keep all Aggregated Information, and may maintain a copy of any Personal Information required to manage 2W Tech’s business.

SECURITY

The security of your Personal Information is important to us. When you enter sensitive information on our registration pages or order forms, we encrypt that information using secure socket layer technology (SSL). Your Personal Information is then kept in a secure database and reasonable precautions are taken to secure this data and information. However, no Internet or e-mail transmission is ever fully secure or error-free, and you should take special care in deciding what information you send through this Site and/or the Service. Also, administrative agencies or courts of competent jurisdiction may order the disclosure of the information we collect. We cannot guarantee, and you should not expect, the information you provide to us will always remain private. Please keep this in mind when disclosing any Personal Information.

COOKIES

A cookie is a small text file that is stored on a computer for record-keeping purposes. We use cookies on this Site. We do not add the information we store in cookies to Personal Information you submit through this Site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate this Site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. 2W Tech uses persistent cookies to store a unique cryptographic hash value so you do not have to enter your username more than once on a given computer. The information stored does not contain any Personal Information. You may disable cookies on your web browser, however, this may cause certain features on this Site and/or the Service to be disabled.

THIRD PARTY COOKIES

This Site may use cookies that permit select third party partners to serve you 2W Tech-related content on their sites or elsewhere on the Internet. This is based on your prior visits to this Site. The use of cookies by third parties is not covered by our privacy statement. We do not have access or control over these cookies.

IP ADDRESSES

When you visit this Site, we collect your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, we use IP addresses to monitor the regions from which visitors and users navigate this Site. We also collect IP addresses from users when they log into the 2W Tech platform as part of our security features.

WEB BEACONS / USE ANALYTICS

2W Tech employs, or our third party advertising partners employ, web beacons and usage analytics software that help us better manage content on this Site by informing us what content is effective. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by web beacons to your Personal Information.

SITE INVITATIONS

If you choose to invite others within your organization or from your client base to this Site, we will ask you for the other user’s name and email address. We will automatically send him/her a one-time email inviting him/her to visit this Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS

If you use a blog, forum, chat room or bulletin board on this Site (“Forum(s)“), you should be aware that any Personal Information you submit in a Forum can be read, collected, or used by other users of such Forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in a Forum.

SENDING, TRANSFERRING AND STORING DATA OUTSIDE THE UNITED STATES

If you are visiting or using this Site and/or the Service from outside the United States, please be aware that your information may be transferred to, stored, processed, used and/or disclosed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States may not be as comprehensive as those in your country. To facilitate 2W Tech’s global operations, 2W Tech may also transfer and store your information outside of the United States. This Privacy Policy applies even if 2W Tech transfers your information outside of the United States.

Changes to our Privacy Policy

We may amend this Privacy Policy at any time and in our sole discretion. You should review this Privacy Policy for amendments each time you visit or use this Site or purchase or use the Service. For your convenience, we post on this Site the last date this Privacy Policy was updated. If our Privacy Policy is amended, the amended Privacy Policy will take effect immediately for all users of this Site and the Service. Your continued use of this Site and/or the Service following an amendment will evidence your acceptance of the amended Privacy Policy.