TERM OF USE

Let’s start by establishing the definitions of some important words that will be used throughout the Terms of Use.

• Terms (with a capital T) refers to these Terms of Use.
• We, Us, Our, or the Company all refer to Wizard Enterprises, Inc., which does business as Protect Your ABCs.
• You or Your refers to any person who reads or accepts the Terms, whether acting in a personal capacity or on behalf of an organization, such as a business.
• Customer refers to any person or entity who purchases Our products or services.
• Website refers to www.protectyourabcs.com and other pages on other websites controlled by Us (including gohighlevel.com and social media platforms).

You’ll know that these words have a special meaning throughout the agreement because they will all be capitalized. So if You see the capitalization of words that seems random, it’s not poor grammar on Our part; instead, that’s Our indication to You that those capitalized words are defined terms in this agreement.

All other important words are defined in the answer to the relevant question. You’ll know it’s a word with a special meaning because it will be in bold and italicized font like this the first time it’s used and then capitalized with every subsequent use.

The Terms are a legally binding agreement between You and Us concerning Your use of Our Website and certain services You access through Our Website. A legally binding agreement is one that can be enforced in a court of law.

We reserve the right to update or modify the Terms at any time. We will also post a “Last Updated” date on the Terms so that you can identify when it was most recently changed.

You can visit Our Website to stay up-to-date with Our activities and learn more about what We offer.

You are granted a limited license to use the Website & its materials for personal, educational, or non-commercial use. This means no permission is granted to You to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify any content which appears on the Website for Your commercial benefit or the commercial benefit of a third party. The limited license You are granted to use the Website is terminated if You engage in any of the foregoing restricted activities.

The Company may provide additional licenses for commercial use of its Website materials in its sole discretion and for such fees as it may determine on a case-by-case basis. Contact the Company to ask about how to acquire such a license. Commercial use of Website materials is otherwise strictly prohibited, as stated in the preceding paragraph.

Our Website is one of the main ways that We interact with Our actual and potential Customers.

We work hard to ensure that the Website is always up and available, but We can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for regular updates and for general maintenance but will attempt to keep this to a minimum. We will not be liable if all or any part of the Website is unavailable for any reason at any time, for any length of time.

You should also know that Our Website is a work in progress, meaning that things could change in the near future.

In addition, although the Website may be accessible worldwide through the Internet, We reserve the right to limit access to Our Website & the provision of Our products or services to any person, geographic area, country, or jurisdiction in Our Sole discretion. Any offer for any product or service made through Our Website is void where prohibited.

An overview of the products & services We offer can be found on Our website. We reserve the right to add new products & services, modify existing products & services, or discontinue products & services altogether at any time in Our own discretion. We also reserve the right to modify any Our fees advertised on Our website at any time in Our own discretion.

No. In the first instance, an important part of Our relationship with You through the use of Our Website is Our Privacy Policy. We incorporate the Privacy Policy by reference, meaning that all of the content in the Privacy Policy is given the same legal effect as it were listed here. We urge You to read Our Privacy Policy too because it is a binding, legal agreement about Our privacy practices. In addition, if You become a Client, You will need to sign another agreement based on the types of services that will be provided to you.

The Company retains ownership of its intellectual property displayed on the Website, including its copyrights, its trademarks, the Website’s domain name, and all other types of intellectual property that exist now or may be created in the future.

Our text, audio & video recordings, and all other Website content are protected by U.S. and international copyright law, and You may only use such content consistent with the limitations described in the answer to question 3.

Our logos, slogans and catchphrases, service names, and other elements of Our branding which are displayed on the Website or elsewhere are protected by U.S. trademark law. These trademarks help consumers identify the Company as the source of the information or materials bearing the logo, slogan, or other trademarked design. They may not be used by You in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the Company’s brand.

From time to time, We may allow You to post content to the Website, such as through a comment feature on our blog or a contact form that We provide to collect information, suggestions, or ideas. We call such content User Content.

You agree not to post anything illegal, vulgar, threatening, obscene, defamatory, libelous, or infringing, or to make use of comment features to promote spam, commercial solicitation, or software viruses.

To the extent that You own any User Content You post, You retain such ownership even after it is posted to the Website. But You grant Us a non-exclusive, transferable, royalty-free license to use, reproduce, disclose, display, publish, transform, create derivative works from, and distribute all User Content You post throughout the world in any form. Please be aware of this before sending personal information or information with commercial value, whether by or about You or any third person or entity.

However, We will not be responsible or liable for any User Content. We reserve the right delete User Content & block access to Our Website by certain users in Our sole discretion.

We may also permit you to provide feedback data—such as questions, comments, suggestions, and the like — to Us concerning Our Website, services, or products (collectively Feedback). All Feedback shall be deemed to be non-confidential. We will not be obligated in any way by Feedback, and We are free to use, reproduce, disclose, display, publish, transform, create derivative works from, and distribute the Feedback to others without limitation. Also, We are free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Links to third-party sites are provided only for Your convenience and do not constitute Our endorsement of the third-party site or its content. We do not guarantee the accuracy of any third-party links and take no responsibility for the content found on the websites of third parties.

The Terms constitute an electronic agreement. Consistent with New York State law, You agree (as does the Company) that this agreement can be signed electronically. You also agree that clicking the box before or after the sentence “I understand and accept the Terms of Use and Privacy Policy” or a similar statement is equivalent to Your electronic signature.

If You have complaints or other issues with the Website, the Terms, or the Company’s services, You should contact the Company. If a workable resolution can’t be reached by working with the Company, then another dispute resolution mechanism will need to be used. In that case:

• • • The Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws principles.
    • In addition, You agree to submit to personal jurisdiction in the state of New York.

The Terms represent Our entire agreement with You concerning Your use of Our Website, superseding any prior agreements.

Our failure to exercise or enforce any right or provision of the Terms is not a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, only that particular provision so found, and not the rest of the Terms, will be inoperative.

THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, ADVICE, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES IN CONNECTION WITH LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION OR ANY OTHER LOSS, MALADY, DISEASE OR DIFFICULTY, OR OTHERWISE.

If You have questions about the Terms, contact hello@protectyourabcs.com.