GWICK Terms of Service
Last modified: November 16, 2018
Welcome to GWICK!
Thanks for using our products and services (“Services”). The Services are provided by K&W ENTERPRISES FLORIDA LLC, located at 1800 N. Military Trail Boca Raton, Florida 33431, United States (“K&W”, “we”, “our” or “us”).
By using our Services, you are agreeing to these terms. If you do not agree with any of these terms and conditions you may not use the site. Please read them carefully.
We reserve the right, at any time, to modify, alter, or update these terms and conditions of use. A revised version will be effective at the time we post it. Your continued usage of the site following such modifications, alterations, or updates shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using the site.
1. Use of Services and Safety
You must follow any policies made available to you within the Services.
Do not misuse our Services in any manner, including, but not limited to, interfering with our Services or trying to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you, at our sole discretion for any reason whatsoever, including, but not limited to, if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that is not GWICK’s or K&W’s. This content is the sole responsibility of the entity that makes it available. At our sole discretion, we may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content, at our sole discretion with or without reason. No assumption of review of content exists.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. Some of our Services are available on mobile devices. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with GWICK or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose GWICK, its affiliates or its customers to harm or liability of any nature. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
For the safety of other GWICK service users: You agree to not collect users’ content or information, or otherwise access GWICK using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission in writing. You agree not to engage in unlawful multi-level marketing, such as a pyramid scheme, on GWICK. You will not upload viruses or other malicious code or convey links to malicious code to others. You will not solicit login information or access an account belonging to someone else. You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not use GWICK to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of GWICK. You will not facilitate or encourage any violations of this Statement or our policies. You may not “frame”, “mirror” or otherwise incorporate any part of GWICK web pages into any other website without our prior written authorization.
Some links or content provided via GWICK software or platform refer you to third party sites not under the operation or control of GWICK or K&W. We are not responsible for the content of any such sites and we provide these links to you only for convenience. The inclusion of any link to these sites does not imply endorsement by points of the linked site.
- Your GWICK Account
You may need a GWICK Account or an account of one of our affiliates in order to use some of our Services.
To protect your GWICK Account or an affiliated account keep your password confidential. You are responsible for the activity that happens on or through your GWICK Account. GWICK is entitled to act on all instructions received by anyone using your account and are not responsible for any transaction made without your authorization.
We may terminate your right to use GWICK Account, Web sites, or services immediately, without notice to you, for any reason whatsoever, including, but not limited to, if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity as well as for business purposes at GWICK’s sole discretion.
- Paid Products and Services
The Service provides certain goods and services including virtual gift cards from third party suppliers (“Products and Services”), and the delivery thereof, requires you to pay a fee. You agree to pay those amounts shown to you during checkout and understand that Products and Services are not returnable. The delivery of any Products and Services to you shall not transfer any promotional or commercial rights in the Products and Services. To complete a purchase, you will be asked to provide your billing information. We, or our payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your order submission. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create derivative works from, any of the Products or Services in whole or in part. Products and Services are non-refundable and non-returnable and we are not responsible for any value lost from a Product or Service purchased subsequent to your purchase and our delivery to you.
You understand that the Products, Services and content we provide is subject to change at any time, and that Products, Services and content may be added or removed at our sole discretion. Such changes may include, among other things: the addition or removal of content, Products and/or Services.
- Privacy and Copyright Protection
GWICK’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that GWICK can use such data in accordance with our privacy policies.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload, submit, store, send or receive content to or through our Services, you give K&W (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. If you have a GWICK Account, we may display your Profile name, Profile photo, and actions you take on GWICK or on third-party applications connected to your GWICK Account in our Services, including displaying in ads and other commercial contexts.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
GWICK gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by GWICK as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GWICK, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. GWICK may also stop providing Services to you, or add or create new limits to our Services at any time.
- Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GWICK, K&W NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
6. Liability for our Services
WHEN PERMITTED BY LAW, GWICK, K&W, OUR SUPPLIERS, DISTRIBUTORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GWICK, K&W OUR SUPPLIERS. DISTRIBUTORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING OR RESTORING SERVICES CONSISTENT WITH THE AMOUNT YOU PAID US).
IN ALL CASES, GWICK, K&W, OUR SUPPLIERS. DISTRIBUTORS, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to indemnify and hold us, our affiliates (including suppliers and distributors), and their respective officers, directors, and employees harmless from any claim or demand made against any of them by any third party due to or arising out of your use of GWICK, the Services, the Payment Services, breach of this Agreement, or your violation of any law or the rights of a third party, including intellectual property rights.
8. Business Accepts Terms
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify GWICK and K&W and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
9.Third Party Products
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. GWICK and K&W MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
10. Third Party Services and Links to Other Web Sites
11.Governing Law and Disputes
The laws of Florida, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services to be litigated, will do so exclusively in the federal or state courts of Broward Country, Florida, U.S.A. By using the Services, you and GWICK consent to personal jurisdiction in Courts of Broward Country, Florida.
GWICK, at its sole discretion may choose to resolve any dispute, claim or controversy relating to its Services or this Agreement by final, binding, and non-appealable arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Rules in Broward County, Fl. Arbitration commenced pursuant to this Agreement shall be administered by a single arbitrator agreed to by the parties, provided that if the parties are unable to agree to the arbitrator within ten (10) days of receiving a list of candidate members from the AAA, then the AAA shall appoint an arbitrator. The parties shall bear their own costs in connection with arbitration commenced hereunder.
12. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues, else be expressly waived.
13. Copyright Policy.
We respect the intellectual property of others and asks that users of our Services do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following:
· 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 site;
· 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;
· your address, telephone number, and email address; and
· an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
14. About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
These terms control the relationship between GWICK and you. They do not create any third party beneficiary rights.
If GWICK or K&W fails to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our written consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Nothing in this Statement shall prevent us from complying with the law.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing GWICK.