Effective Date: February 10, 2020
Please read the following Terms and Conditions so you understand what’s up with your use of the WhutsFree proprietary mobile application (our “App”). By using our App, you agree to fully comply with and be bound by the Agreement each time you use our App.
The terms “us”, “we” and “our” refer to WhutsFree, LLC, the owner of this App (“WhutsFree”). A “Visitor” is someone who merely browses our App. A “Member” is someone who has registered with our App to use our Services as a “subscriber”, a “sponsor merchant” or a “free merchant”. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products given away through the App.
All text, information, graphics, design and data offered through our App or Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content all text, information, graphics, design and other data uploaded, submitted, stored, sent or received on or through the App by our Members as “Member Content”.
Acceptance of Agreement
This Agreement is between you and WhutsFree.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS INSTALLING, ACCESSING OR USING OUR APP OR ANY OF OUR SERVICES, FEATURES, SOFTWARE OR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE CLOSE OUR APP IMMEDIATELY AND DO NOT ACCESS OR USE ANY OF ITS FEATURES FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and WhutsFree and supersedes all other Agreements, representations, warranties and understandings with respect to our App, Services and the subject matter contained herein. However, for you to use our App and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Our Privacy Notice is considered part of this Agreement and is available on this App or our website. You must review our Privacy Notice by clicking on this. If you do not accept and agree to be bound by all the terms of this Agreement, including the WhutsFree Privacy Notice, do not use our App or Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Services, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – our App, website operations, intellectual property or our Services, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Salt Lake City, Utah and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake City, Utah necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Salt Lake City, Utah and will be governed by and construed in accordance with the laws of the State of Utah without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our App or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
WhutsFree grants you a nonexclusive, nontransferable, revocable license to access and use our App and Services strictly in accordance with this Agreement. Your use of our App and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our App or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our App, Content, Services or any software provided herein or through our website.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and WhutsFree.
Our Intellectual Property
Our App may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics and logos. Your use of our App or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of WhutsFree.
Our Content, as found within our App and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content is strictly prohibited. Your use of our App and Services does not grant you any ownership rights to our Content.