You have read and agree to the following Terms and Conditions.
gWhiz Terms and Conditions
Thank you for trying out the gWhiz mobile software application! This page contains the terms and conditions (the "Terms and Conditions") for gWhiz. In order to use this software, including any third party software made available to you in conjunction with this software and/or the related service, (collectively referred to below as "gWhiz") you agree to be bound by these Terms and Conditions, either on behalf of yourself or on behalf of your employer or other entity. If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. If you don't have the legal authority to bind, do not proceed with use of this product.
Additional Terms
gWhiz is designed to be used in conjunction with Google's services such as Gmail, Google Documents, etc. Accordingly, you agree and acknowledge that gWhiz is not responsible for these underlying Google services. For more information, please refer to the Terms and Conditions of the Google services you have subscribed to.
gWhiz retains the right to support code versions at gWhiz’s sole discretion. Access to and support for certain gWhiz functionality or code may be updated or replaced as gWhiz intends to continuously evolve and improve its capabilities in response to customer feedback.
Network Charges
Depending on your plan and your carrier or provider, you may be charged for use of your mobile phone when using gWhiz. gWhiz is not responsible for these charges so please refer to your mobile phone plan for details.
Non-Commercial Use Only
gWhiz is made available to you for your non-commercial use only. This means that you may use it for your personal use only. This license and any associated updates is for use on a single device. You need to obtain gWhiz's permission first (which you can do by contacting info@gWhizMobile.com), if you want to sell gWhiz or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from gWhiz.
Unless you have our prior written consent, you agree not to copy, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from gWhiz. Any attempt to do so is a violation of the rights of gWhiz and may subject you to prosecution and damages.
If you have comments on gWhiz or ideas on how to improve it, please email info@gWhizMobile.com. Please note that by doing so, you also grant gWhiz and third parties permission to use and incorporate your ideas or comments into gWhiz (or third party software) without further notice or compensation.
Consent to Use of Non-Personal Data
You agree that gWhiz and its partners may collect and use technical and related information, including but not limited to technical information about your phone, phone software, and gWhiz application configuration that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the gWhiz services, and to verify compliance with the terms of this License. gWhiz may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
gWhiz may provide certain services through your phone that rely upon location information. To provide these services, gWhiz and its partners may collect, maintain, process and use your location data, including the real-time geographic location of your phone. By using or activating any location-based services on your phone, you agree and consent to gWhiz's and its partners' collection, maintenance, processing and use of your location data to provide you with such services. The location data is collected in a form that does not personally identify you. You may withdraw this consent at any time by turning off the location-based feature on your phone or by not using the location-based features of gWhiz. Turning off or not using these features may impact the functionality of some gWhiz application elements.
Intellectual Property
As between you and gWhiz, you agree and acknowledge that gWhiz owns all rights, title and interest in and to gWhiz, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter gWhiz's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the gWhiz.
Disclaimer of Warranties
gWhiz and any third party who makes its software available in conjunction with or through gWhiz disclaim any responsibility for any harm resulting from your use of gWhiz and/or any third party software accessed in conjunction with or through gWhiz.
GWHIZ IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GWHIZ AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GWHIZ AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GWHIZ AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GWHIZ AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GWHIZ. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GWHIZ OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GWHIZ BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GWHIZ. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GWHIZ AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GWHIZ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GWHIZ, FROM INABILITY TO USE GWHIZ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE GWHIZ, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GWHIZ MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GWHIZ (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Certain gWhiz components allow access to publicly available search engines, advertisements, and content. You understand that by using any of these capabilities, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree gWhiz shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that gWhiz is not responsible for examining or evaluating the content, accuracy, completeness, currency, validity, copyright compliance, legality, decency or quality of any such third-party data, materials or web sites. Links to other web sites are provided solely as a convenience to you. To the extent you choose to access such content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Location data provided by any gWhiz component is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage.
gWhiz and its partners reserve the right to change, suspend, remove, or disable access to any gWhiz capability at any time without notice. In no event will gWhiz be liable for the removal of or disabling of access to any such Services. gWhiz may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Termination
This License is effective until terminated. Your rights under this License will terminate automatically without notice from gWhiz, if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the gWhiz software and updates.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to the conflict of laws provisions of Maryland or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.
gWhiz does not plan to make major changes to these Terms and Conditions, however, you should periodically review the most up-to-date version at m.gwhizmobile.com/terms. gWhiz may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms and Conditions constitute the entire agreement between you and gWhiz with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by gWhiz.
gWhiz Catalog
Users of the gWhiz Catalog capability agree to the terms and conditions found on gWhiz Catalog Terms and Conditions.
EFFECTIVE: May, 2008
You have read and agree to these Terms and Conditions.