Terms of Use and Acceptable Use Policy
Last Modified: September 9, 2022
This Terms of Use and Acceptable Use Policy (together, the “Terms”), as well as additional agreements, policies, and other agreed-upon terms and conditions applicable to your access to the websites owned or provided by Whensit LLC (“Company,” “us,” “we,” “our,” or “Whensit”), including at least https://www.whensit.com/ (the “Website”) and your access or use of our application (the “App,” and together with the Website, the Services”), govern your use of the Services, including any content and functionality, owned or provided by Whensit LLC.
Please read these Terms carefully before you use any of the Services. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or Services.
These Services are offered and available to users 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Websites or Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites or Services.
You use the Internet at your own risk. Whensit cannot monitor, verify, warrant, or vouch for the accuracy or quality of any information or material acquired from the Internet. You must exercise your best judgment in relying on information obtained from the Internet and should be aware that some information or material posted to the Internet is inaccurate or offensive.
Because Whensit cannot monitor or censor the Internet, Whensit shall not be responsible for any injury that results from inaccurate, unsuitable, offensive of illegal Internet communications. Whensit does not monitor, review, edit, or censor any information or material that you or anyone else creates and shall not be responsible for any such information or material.
Whensit reserves the right to modify the Terms at any time, as indicated by the Effective Date, and those modifications will become effective when posted. Continued use of the Services following any modification of these Terms will indicate acceptance of the Terms. Check the Terms frequently so you are aware of any changes.
We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entirety of the or Services, to users, including registered users.
You are responsible for both:
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide while accessing, registering, or using any Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy .
You may not alter, modify, or tamper with the Services, or permit any other person, not authorized by us, to do the same.
We may provide you with access third-party software to enable and enhance the Services. We do not support third-party software. Any and all software provided is the property of Whensit and/or its suppliers and licensors. Whensit hereby grants you a nonexclusive, nontransferable license to install and use on your computers, devices, and/or system(s) the software for use solely in connection with the Services. Your license to use any of the provided software is contingent upon your compliance with the Terms, and only valid up and until termination, expiration, or disconnection of the Services.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our reasonable opinion, you have violated any provision of these Terms.
VIOLATION OF THE TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF YOUR ACCOUNT AND ACCESS TO THE SERVICES OR SUCH OTHER ACTION AS WHENSIT DEEMS APPROPRIATE IN ITS REASONABLE DISCRETION. YOU SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, STORE ON, DOWNLOAD, OR TRANSMIT THROUGH THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, FILES, TEXTS, MESSAGES, DATA, FORM DATA, AND DOMAIN NAMES. IT IS WHENSIT’S POLICY TO TERMINATE REPEAT INFRINGERS.
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
Additionally, you agree not to:
You acknowledge and agree that when using the Service to access the Internet or any other online network or service, there are certain risks that may enable other Internet users to gain access to or use of your equipment. You are responsible for taking and should take all appropriate security measures when using the Internet or Services. You assume sole responsibility for your equipment used in conjunction with the Internet or Services and for providing and configuring any “firewall” or security measures for use with the Internet or Services to prevent damage from viruses, malware, or other similar malicious items and to prevent unauthorized access to the Internet or Services, and you, not Whensit, shall be solely responsible in any manner for the effectiveness of these blocking and filtering technologies. Whensit does not warrant that others will be unable to gain access to your device(s) and/or data even if you utilize blocking and filtering technologies, nor does Whensit warrant that the data or files will be free from computer viruses or other harmful components. Whensit has no responsibility and assumes no liability for the protections you may employ nor for any damages that may arise from accessing the Internet. You shall not permit or enable any use of your account or account passwords by any other person. You are responsible for any misuse of the Internet or Services that occurs through your account.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information,to include the accuracy of dates and/or times of posted events. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Whensit, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Whensit. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
We may update the content available on or through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
All information we collect through the Services is subject to our Privacy Policy . By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our 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 must not establish a link in such a way as to suggest any form of association, approval, or endorsement by Whensit.
The Services may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
[The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.]
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Services is based in the State of Virginia in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, PROGRAMS, SYSTEMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHENSIT CLOUDWYZE NOR ANY PERSON ASSOCIATED WITH WHENSIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WHENSIT NOR ANYONE ASSOCIATED WITH WHENSIT REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WHENSIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WHENSIT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless Whensit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to any use of the content, services, and products of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia, in each case located in the City of Alexandria and County of Alexandria, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms or Use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Whensit of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Whensit to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, our Privacy Policy , and other policies constitute the sole and entire agreement between you and Whensit LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
This website is operated by Whensit LLC, located at 6029 18th St N, Arlington, VA, 22205, USA.
All other feedback, comments, requests for technical support, and other communications relating to the Website, App, or otherwise related to the Services should be directed to: [pete@whensit.com].