Date of Last Revision: August 16, 2016
Please read these terms and conditions before using our service.
THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Wonder Technologies, Inc. (“Wonder,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.gowonder.com (the “Site”), through its mobile applications and related services, and through the sites of our partners, or through other methods (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Access and Use of the Service
Services Description: The Service is designed to allow you to receive card-linked promotions, rewards, incentives, and offers (collectively “Card-Linked Offer(s)”) for certain merchants, Property Owners, and Advertising Partners (collectively “Merchants”), through our mobile app, website, email, or other methods or the mobile app, website, email or other methods from of our partners. Card-Linked Offers are activated when you register a payment card with Wonder and redeemed when you make a qualified purchase with a participating merchant using the registered card. Each Card-Linked Offer is made by the applicable participating Merchant and may be subject to terms and conditions provided by the participating Merchant including activation dates, expiration dates, day part constraints, minimum spend requirements, and with validity at specific locations only, unless prohibited by law. In general, Card-Linked Offers may not be redeemed when using other coupons or discounts.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Wonder of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Wonder will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Wonder reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Wonder will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Wonder may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Wonder’s servers on your behalf. You agree that Wonder has no responsibility or liability for the deletion or failure to store any of your information, account data or other content maintained or uploaded by the Service. You acknowledge that Wonder reserves the right to terminate accounts that are inactive for an extended period of time or that are determined to be fraudulent. You further acknowledge that Wonder reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Wonder and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Wonder account information to ensure that your messages are not sent to the person that acquires your old number.
Activating Card-Linked Offers
In order to activate and then redeem a Card-Linked Offer, which may be presented as a promotion, reward, incentive or offer from one of our Merchant, Propery Owner, or Advertising partners, you will be required to complete a registration form and provide us with an email address and eligible payment card. Only legal residents of the 50 United States (including the District of Columbia) are eligible to use the Service. You agree to provide true, accurate and complete information about your eligible Card. You are responsible for registering a new Card with us if your Registered Card is no longer valid or if your Registered Card is lost, stolen or you receive a replacement card. You must be the cardholder or an authorized user of the Registered Card. You acknowledge and agree that neither Wonder, its Merchant partners, nor the Payment Card Network (e.g., Visa or MasterCard) will have any liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including your failure to receive credit for a Qualifying Purchase or updates about the Service. If Wonder or the Payment Card Network has reasonable grounds to suspect that the information you provided is untrue, inaccurate or incomplete, your registration may be suspended or terminated.
Buying Card-Linked Offers
In order to use the Service to purchase a Card-Linked Offer (a “Purchase Transaction”), you (“Buyer”) may be required to (provide Wonder with information regarding your credit card or other payment instrument. You represent and warrant to Wonder that such information is true and that you are authorized to use the payment instrument. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. At the time you place a Card-Linked Offer order, you are agreeing to pay all amounts specified in the order, along with any applicable taxes, as well as any service or processing fees unless prohibited by applicable law. You hereby authorize Wonder (and our designated payment processor) to charge the full order amount to that payment instrument, and you also authorize us to collect and store that payment instrument, along with other information related to your Purchase Transaction. If you dispute any charges you must let Wonder know within sixty (60) days after the date that Wonder charges you. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Wonder’s net income. Prices for Card-Linked Offers offered via the Service may change at any time, and Wonder does not provide price protection or refunds in the event of a price reduction or promotional offering. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the charged amount.
When you purchase a Card-Linked Offer for a monetary amount, funds are transferred to an FBO account at an FDIC insured bank and held on behalf of the designated Merchant. Each Card-Linked Offer, as applicable, is made respectively by the applicable Merchant or Advertising Partner. If a Card-Linked Offer has a promotional component, it may be subject to additional terms and conditions provided by the applicable Merchant or Wonder. Redemption and release of the funds will only be supplied by Wonder upon determination of a Qualifying Purchase at the designated Merchant. If any portion of the full value underlying the Card-Linked Offer constitutes a promotional value (the amount in excess of the amount actually paid), that promotional value may have an expiration date displayed in connection with the Card-Linked Offer or accompanying materials. The promotional value expires on the displayed date except where required by applicable law. The funds paid by the Buyer do not expire and will be supplied by Wonder to the recipient on behalf of the Merchant when a Qualifying Purchase at the designated Merchant is identified.
All purchases of Card-Linked Offers are backed by a 100% Satisfaction Guarantee. If you are unsatisfied or technical issues have prevented delivery, and the offer has not yet been redeemed, you may request a refund by emailing firstname.lastname@example.org.
Account and Purchase Verification
No Purchase Transaction is complete, and Wonder will incur no payment or delivery obligations to the recipient of such Card-Linked Offer until Wonder verifies the authenticity of the Buyer’s account. As a part of the verification process, Wonder may require Buyer to provide a copy of a valid driver’s license or other acceptable forms of government-issued ID that has your name, date of birth, address, and photo as well as a photograph of the card used for the purchase prior to delivering the Card-Linked Offer to the recipient. Wonder accepts no responsibility for any delays in Card-Linked Offer delivery or redemption due to verification requirements. Upon Wonder’s verification that the Purchase Transaction is valid, Wonder will notify you of a completed Purchase Transaction and deliver Card-Linked Offer to the designated recipient and enable it for redemption.
Fraud and Abuse
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Wonder reserves the right to review, postpone, or cancel the purchase or redemption of any Card-Linked Offer in our sole discretion. If Wonder receives a claim or otherwise suspects that a Card-Linked Offer purchased through the Wonder marketplace was fraudulently purchased or otherwise unauthorized, Wonder reserves the right to immediately cancel the Card-Linked Offer, recover any costs associated with the fraud; and you give us express authorization to share information about you, your account, your purchase and any of your activity with law enforcement authorities as needed. If your account is determined to be fraudulent, Wonder may suspend your account immediately and all pending Card-Linked Offers or other transactions that have not yet been redeemed may be suspended. Any remaining Card-Linked Offers that have not be used in resolving the fraudulent transaction will be returned to the payment card, Merchant, or Advertising Partner as applicable.
Redeeming a Card-Linked Offer
If you receive a Card-Linked Offer, in order to redeem it you will be required to link one or more payment cards (the “Linked Card”) and make eligible purchases with your Linked Cards at the Merchant for which the Card-Linked Offer is designated (“Qualifying Purchase(s)”). You authorize us to collect and store that Linked Card, along with other identifying information in connection with your account, for example your email address, location, and device information. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. In order to redeem your Card-Linked Offer, simply pay as usual with your Linked Card at the Merchant and your offer will be redeemed automatically.
Wonder reserves the right to deny any redemption requests it receives that it deems to be illegitimate or in violation of this Terms of Service. You may not complete an order for a Card-Linked Offer with the intent to immediately cancel or return the applicable product from the Merchant. A "quick cancellation" is considered to be fraudulent and may void your transaction. Wonder may, in its sole discretion, suspend or revoke your right to use the Service, terminate your Wonder account, and/or report your activity to the Merchant, website, and/or service that has referred you to Wonder, who each may terminate your account or take other punitive action if you are found to have engaged in such activity.
Important Notes About Your Cards and Transactions
By registering for the Service and linking a payment card, you agree that your payment network (e.g., MasterCard or Visa), may examine transactions (including returns) on your Linked Card to identify Qualifying Purchases and share transaction data with Wonder for the purposes of determining whether a transaction is a Qualifying Purchase and for determining the amount of your purchase in order to redeem your Card-Linked Offer and notify you about credits posted to your account. Not all transactions made with your registered Visa, MasterCard and other payment card can be monitored by the applicable payment network for purposes of the Services.
Special Notes for Visa Cardholders:
- By registering your Visa card with Wonder, you agree that Visa may perform the functions of the Payment Card Network as defined in this Agreement
- Not all payment cards are eligible for the Service: for example, corporate and purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are not eligible.
- Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to redeem your Card-Linked Offer.
- Not all merchant locations or transactions with your Linked Card may be eligible for use with Wonder, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay, and other transactions not processed through the payment network’s own system.
Conditions of Use
User Conduct: You are solely responsible for all images, information, text, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Wonder. Wonder reserves the right to investigate and take appropriate legal action against anyone who, in Wonder’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Wonder, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Wonder or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Apple-Enabled Software Applications
Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Company and you acknowledge that these Terms of Service are concluded between Company and you only, and not with Apple, and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows:
24941 Dana Point Harbor Drive, C200, Dana Point, CA 92629
Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Wonder, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Wonder, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Wonder.
The Wonder name and logos are trademarks and service marks of Wonder (collectively the “Wonder Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Wonder. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Wonder Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Wonder Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Wonder be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Wonder does not pre-screen content, but that Wonder and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Wonder and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Wonder, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Wonder and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Wonder are non-confidential and Wonder will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Wonder may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wonder, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Wonder respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wonder of your infringement claim in accordance with the procedure set forth below.
Wonder will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Wonder’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at 24941 Dana Point Harbor Drive, C200, Dana Point, CA 92629, 855-674-2774.
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Wonder will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Wonder has adopted a policy of terminating, in appropriate circumstances and at Wonder's sole discretion, users who are deemed to be repeat infringers. Wonder may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Wonder has no control over such sites and resources and Wonder is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Wonder will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Wonder is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Wonder is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Wonder is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Wonder enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Wonder, Payment Card Networks, Merchant Partners, Advertising Partners (“Affiliates”) and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WONDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WONDER MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WONDER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WONDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WONDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WONDER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Wonder’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Irvine, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
You agree that Wonder, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Wonder believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Wonder may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Wonder may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Wonder will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user or Merchant in connection with the Service and Wonder will have no liability or responsibility with respect thereto. Wonder reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service or Merchant, in each case in connection with the Service.
These Terms of Service constitute the entire agreement between you and Wonder and govern your use of the Service, superseding any prior agreements between you and Wonder with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Wonder agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California. The failure of Wonder to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Wonder, but Wonder may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Wonder, Inc., 24941 Dana Point Harbor Drive, #C200, Dana Point, CA 92629. Phone: 855-674-2774
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.