Effective January 23, 2012
Thank you for choosing Well-Funded!
Please read this agreement carefully. It’s a contract that governs your use of any Well-Funded services or software that directly display or link to this agreement (the “service”). By using or accessing the service, you confirm that you agree to these terms. If you don’t agree, don’t use the service. Thanks.
1. What the contract covers
This is a contract between you and the Well-Funded company listed in Section 12 (“Well-Funded,” “we,” “us,” or “our”) for use of the service that Well-Funded supplies. Sections 1–12 apply across the service. Sections 12 and 13 apply only if the service involves payments to or from Well-Funded.
Please note that we don’t provide additional warranties for the service. This contract also limits our liability to you. See Sections 8 and 9 for details.
2. Using the service
When using the service, you must comply with this contract, all applicable laws and the Well-Funded Anti-Spam Policy (http://www.well-funded.com/anti-spam). As applicable, you must also obey the code of conduct.
You must not use the service to harm others or the service. For example, you must not use the service to harm, threaten, or harass another person, organization, or Well-Funded. You must not: damage, disable, overburden, or impair the service (or any network connected to the service); resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Well-Funded, or metasearching) to access or use the service. You may be able to access third-party websites or services via the service; you acknowledge that we are not responsible for such websites or services or content that may be available there.
3. Your service account, associated accounts, and accounts from third parties
Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the service, you may be able to set up additional accounts that are dependent on your account (“associated accounts”). You’re responsible for all activity that takes place with your service account and any associated accounts.
If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.
4. Your content
Except for material that we license to you, we don’t claim ownership of the content you provide on the service. Your content remains your content. We also don’t control, verify, or endorse the content that you and others make available on the service.
You control who may access your content. If you share content in public areas of the service or in shared areas available to others you’ve chosen, then you agree that anyone you’ve shared content with may use that content. When you give others access to your content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the service and other products and services made available by Well-Funded. If you don’t want others to have those rights, don’t use the service to share your content.
You understand that Well-Funded may need, and you hereby grant Well-Funded the right, to use, modify, adapt, reproduce, distribute, and display content posted on the service solely to the extent necessary to provide the service.
Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others’ copyrights, other intellectual property rights, or privacy rights, you’re breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn’t violate any law. We won’t pay you for your content. We may refuse to publish your content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.
You’re responsible for backing up the data that you store on the service. If your service is suspended or canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or canceled. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted may be irretrievable.
5. Privacy
In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your computer, your use of the service, and service performance. We use and protect that information as described in the Well-Funded Online Privacy Statement (http://www.well-funded.com/privacy). In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Well-Funded or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Well-Funded employees, customers, or the public.
The service is a private computer network that Well-Funded operates for the benefit of itself and its customers. Well-Funded retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or break your use of the service.
6. Software
If you receive software from us as part of the service, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this contract apply. We reserve all other rights to the software.
We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service.
Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that’s included in the service, except and only to the extent that the applicable copyright law expressly permits doing so.
The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department’s Lists to Check). You represent and warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above. For more information, see the Exporting Well-Funded Products website (http://www.well-funded.com/exporting).
You may display and print content in the fonts installed by the service, but you may not make unauthorized copies of the fonts.
7. How we may change the contract
If we amend this contract, then we’ll notify you before the change takes effect. We may give this notice by posting it on the service or by any other reasonable means. If you don’t agree to the change, we’re not obligated to keep providing the service, and you must cancel and stop using the service before the change becomes effective. Otherwise, the new terms will apply to you.
8. NO WARRANTY
We provide the service “as is,” “with all faults,” and “as available.” We don’t guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.
9. LIABILITY LIMITATION
You can recover from Well-Funded and our affiliates, resellers, distributors, and vendors only direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
The limitations and exclusions apply to anything related to this contract, for example:
- The service.
- Loss of data.
- Content (including code) on third-party websites, third-party programs, or third-party conduct accessed via the service.
- Viruses or other disabling features that affect your access to or use of the service.
- Incompatibility between the service and other services, software, and hardware.
- Delays or failures you may have in starting or completing transmissions or transactions in connection with the service in an accurate or timely manner.
- Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.
- The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
- Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.
10. Changes to the service and cancellation
We may change the service or delete features at any time for any reason. A particular service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
We may cancel or suspend your service and your access to the website at any time without notice and for any reason. Our reasons for cancellation may include that we stop providing the service in your region or that you breach this contract, or don’t pay fees that you owe to us or to our agents. If your service is canceled, your right to use the service stops immediately. If we cancel your credentials, your right to use your ID stops immediately. Cancellation of the service or credentials won’t alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, we’ll refund to you on a pro-rata basis any payments that you have made based on the portion of your service that would otherwise remain.
You may cancel the service at any time and for any reason. If it’s a paid service, some charges may apply. Sections 5, 8–12, 13 (for amounts incurred before termination), 14, and those that by their terms apply after termination of this contract will survive any termination of this contract.
11. General legal terms
11.1. Interpreting the contract
All parts of this contract apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won’t change. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. If you have confidentiality obligations related to the service—for example, you may have been a beta tester—those obligations remain. Other terms may apply when you use or pay for other Well-Funded services. The contract’s section titles don’t limit its terms.
11.2. Assignment and transfer
We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.
11.3. No third-party beneficiaries
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
11.4. Claims
Claims must be filed within one year. You must bring any claim related to this contract or the service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn’t filed in time, the claim is permanently barred.
11.5. Notices
You may notify us as stated in customer support for the service. We don’t accept email notices. This contract is in electronic form. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the service or by access to a Well-Funded website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the service.
12. Contracting party, choice of law and location for resolving disputes
If you live in or your business is headquartered in North or South America, you’re contracting with Well-Funded, 2701 Enterprise Drive Anderson, IN 46013, USA, and Indiana State law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Delaware County, Indiana, USA, for all disputes arising out of or relating to this contract.
13. If you pay Well-Funded
13.1. Cooling off period
When you request a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period despite your waiver and even when a service starts right away. You may cancel the service as provided in Section 13.9.
13.2. Charges
When you are paying for a service, this Section 13 applies if you pay us directly. Even if the service itself is free, you may still incur charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission.
13.3. Payment
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the service using your payment method and for any paid feature of the service that you choose to sign up for or use while this contract is in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you’ve approved, and we’ll notify you in advance of the difference for recurring subscription services. We may bill you simultaneously for more than one of your prior billing periods. Once we have informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
13.4. Updates to your billing account
You must keep all information in your billing account current. You can access and modify your billing account on the Billing and Account Management website (https://www.well-funded.com/billing). You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid service, we may cancel that service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
13.5. Trial period offers
Unless we notify you otherwise, if you’re participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring new charges. If you do not cancel your service and we have told you the service will convert to a paid subscription at the end of the trial period, you authorize us to charge your payment method for the service.
13.6. Prices and price increases
The price stated for the service excludes all taxes and phone charges, unless stated otherwise. You’re responsible for any taxes and for all other charges (for example, phone charges and currency exchange settlements).
We’ll notify you in advance if we change the price of the service. If there’s a specific length and price for your service offer, that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price. If your service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price change at least 30 days in advance. If you don’t agree to these changes, you must cancel and stop using the service before the changes take place. If you cancel, your service ends at the end of your current service period or, if we bill your account on a period basis, at the end of the period in which you canceled.
13.7. Refund policies
Unless otherwise provided by law or by a particular service offer, all charges are earned when received and are nonrefundable, and the costs of any returns will be at your expense.
13.8. Online statement and errors
We’ll provide you with an online billing statement on the Billing and Account Management website (https://www.well-funded.com/billing), where you can view, print, or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will provide paper copies only for the past 120 days. If we make an error on your bill, we’ll correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. If you don’t tell us within that time, you release us from all liability and claims of loss resulting from the error; we won’t be required to correct the error. We can correct billing errors at any time.
13.9. Canceling the service
You may cancel the service at any time, with or without cause. Go to the Billing and Account Management website (https://www.well-funded.com/billing) for information on canceling your service. Some service offers may require you to pay cancellation charges as stated in the materials describing the offer. Your cancellation of the service won’t alter your obligation to pay all charges made to your billing account.
13.10. Late payments
Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
13.11. Internet access service
If the service doesn’t include Internet access, you’re responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes Internet access. This service may not be available in your country or region.
If you use a dial-up modem, you may incur toll, roaming, or other access charges, depending on the number you’re calling and where you’re calling from. You should check with your local telephone company first to determine if the number you plan to use will incur such charges. Even if we suggest a phone number for you to call, you may still incur charges, depending on your local provider, calling location, and phone plan. We will not reimburse you for such charges.
14. Payments to you
Your right to any payment due to you under the service is conditioned upon you promptly providing us with all of the information we need to properly make the payment. You must provide us with the information we request before your right to receive the payment accrues. You’re responsible for the accuracy of the information you provide and for any taxes and charges you may incur. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce your earned balance without notice to adjust for the previous overpayment.
NOTICES
Notices and procedure for making claims of copyright infringement
Notifications of claimed copyright infringement should be sent to Well-Funded’s designated agent. INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement (http://www.well-funded.com/copyright).
Copyright and trademark notices
All contents of the service are Copyright © 2012 Well-Funded Corporation and/or its suppliers, 2701 Enterprise Drive Anderson, IN 46013, USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the service and content. Well-Funded and other Well-Funded products and services may also be either trademarks or registered trademarks of Well-Funded in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this contract are reserved.
Parental controls
We offer parental control protections that help you limit access to material that is harmful to minors. To learn more about such protections, visit the Well-Funded Online Safety website (http://www.well-funded.com/Safety) or similar websites that provide information on parental control protections.
Financial notice
Well-Funded is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the service is an offer or solicitation to buy or sell any security. Neither Well-Funded nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the service is intended to be professional advice, including but not limited to, investment or tax advice.
For clarification purposes only, this notice does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
Support
Customer support isn’t offered for the service, unless the materials we publish in connection with a particular service specify that it is.
© 2012 Well-Funded Terms