Terms of Use
Last Revision : November 2017
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. OVERVIEW
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Willwit ("Willwit.com") and you, and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements Welcome to the website of Willwit. Willwit.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any Willwit.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. Willwit.com reserves the right to change this site and these terms and conditions at any time. Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding. Use of Site: You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, Willwit.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Willwit.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Willwit.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Willwit.com in advance. Willwit.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Willwit.com believes that customer conduct violates applicable law or is harmful to Willwit.com’s interests. You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Willwit.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Willwit.com has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Willwit.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. This “site” is owned by Willwit (“Willwit.com”) registered under DR laws with registered address at Rafael A. Sánchez 92, Santo Domingo, DR.
GENERAL RULES OF CONDUCT
You acknowledge and agree that:
Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. You will not use this Site or the Services in a manner (as determined by Willwit (Willwit.com)ddy in its sole and absolute discretion) that: Is illegal, or promotes or encourages illegal activity; Promotes, encourages or engages in child pornography or the exploitation of children; Promotes, encourages or engages in terrorism, violence against people, animals, or property; Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; Infringes on the intellectual property rights of another User or any other person or entity; Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; Interferes with the operation of this Site or the Services found at this Site; Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Willwit (Willwit.com) or Willwit (Willwit.com)’s Services. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Willwit (Willwit.com). You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies. You will not access Willwit (Willwit.com) Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Willwit (Willwit.com) may designate. You agree to back-up all of your User Content so that you can access and use it when needed. Willwit (Willwit.com) does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content. You will not re-sell or provide the Services for a commercial purpose, including any of Willwit (Willwit.com)’s related technologies, without Willwit (Willwit.com)'s express prior written consent. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested. You are aware that Willwit (Willwit.com) may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Willwit (Willwit.com), in its sole discretion, to record the entirety of such calls regardless of whether Willwit (Willwit.com) asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Willwit (Willwit.com) is a party. Willwit (Willwit.com) reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time. Reviews, Comments, information, images, ads and ads components Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide Willwit.com, including, without limitation, ideas, know-how, techniques, questions, reviews, Comments, information, images, ads and ads components, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to Willwit.com without charge and Willwit.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Willwit.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Willwit.com in the future. You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Willwit.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes. In addition to the rights applicable to any Submission, when you post Comments, information, images, ads and ads components or reviews to the site, you also grant Willwit.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, Comments, information, images, ads and ads components, and other Content that you post on this site and that use of your reviews, Comments, information, images, ads and ads components, or other Content by Willwit.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Willwit.com or third parties as to the origin of any Submissions or Content. Willwit.com may, but shall not be obligated to remove or edit any Submissions (including Comments, information, images, ads and ads components or reviews) for any reason.
User Submissions. You acknowledge and agree that:
Your User Submissions are entirely voluntary. Your User Submissions do not establish a confidential relationship or obligate Willwit (Willwit.com) to treat your User Submissions as confidential or secret. Willwit (Willwit.com) has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions. Willwit (Willwit.com) may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action. Willwit (Willwit.com) shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
Third Party Content.
WILLWIT (WILLWIT.COM) is a distributor (and not a publisher or creator) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Site, are those of the respective author(s) or distributor(s) and not of WILLWIT (WILLWIT.COM). Neither WILLWIT (WILLWIT.COM) nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective user or information provider not under contract with WILLWIT (WILLWIT.COM). WILLWIT (WILLWIT.COM) neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by any third party. Under no circumstances will WILLWIT (WILLWIT.COM) be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site. WILLWIT (WILLWIT.COM) is not responsible for any actions or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Advertisements and Promotions.
WILLWIT (WILLWIT.COM) may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than WILLWIT (WILLWIT.COM), and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. WILLWIT (WILLWIT.COM) is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto. In addition to our many free services, as described here, Willwit (Willwit.com) offers paid support services: You acknowledge and agree that the Services may be provided by independent contractors or third party service providers. All paid services are non-refundable.
NON-REFUNDABLE POLICY
You acknowledge and agree that all payments included but not limited to submissions, products, annual plans and services are non-refundable. You acknowledge and agree that just in special cases where refunds are issued to your Payment Method, Willwit (Willwit.com)'s issuance of a refund note is only confirmation that Willwit (Willwit.com) has submitted your refund to the Payment Method charged at the time of the original sale, and that Willwit (Willwit.com) has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer. In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Willwit (Willwit.com), in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a Willwit (Willwit.com) check, which will be sent to the mailing address on file for your Account. Willwit (Willwit.com) also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a Willwit (Willwit.com) check are solely within Willwit (Willwit.com)’s discretion and are not available at customer request. You acknowledge and agree that Willwit (Willwit.com) is not liable at any time regarding this non-refundable policy and any event of this matter.
Copyright
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Willwit.com (collectively, "Content"), belongs exclusively to Willwit.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Willwit.com, without Willwit.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Willwit.com as well as the use of Willwit.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. If you happen to come across any of our content hosted on a third-party site, please do not hesitate to contact us at: Willwit.com. You can also reach us via our address Rafael A. Sánchez 92, Santo Domingo, DR.. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Willwit.com. You may not use Willwit.com's Content or Compilation in any manner that disparages or discredits Willwit.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Willwit.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Willwit.com. Violators will be prosecuted to the full extent of the law. Willwit.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to Willwit.com and are the sole property of the copyright or trademark holders. All information submitted in this site are inspired by our customers and are their recreations of main purposes of their businesses, however they are not authorized, endorsed by, or connected to any other party in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of Willwit.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Willwit.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to address at Rafael A. Sánchez 92, Santo Domingo, DR Information required 1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; 2. A description of the allegedly infringing work or material; 3. A description of where the allegedly infringing material is located on the site (product(s) URL); 4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; 5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; 6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc); and 7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Willwit.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Willwit.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
ADDITIONAL RESERVATION OF RIGHTS
Willwit (Willwit.com) expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Willwit (Willwit.com) in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Willwit (Willwit.com) in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Willwit (Willwit.com), its officers, directors, employees and agents, as well as Willwit (Willwit.com)’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Willwit (Willwit.com). Willwit (Willwit.com) expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Willwit (Willwit.com) expressly reserves the right to terminate, without notice to you, any and all Services where, in Willwit (Willwit.com)'s sole discretion, you are harassing or threatening Willwit (Willwit.com) and/or any of Willwit (Willwit.com)'s employees.
LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Willwit (Willwit.com). Willwit (Willwit.com) assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Willwit (Willwit.com) does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Willwit (Willwit.com) from any and all liability arising from your use of any third-party website. Accordingly, Willwit (Willwit.com) encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
Disclaimer and Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WILLWIT (WILLWIT.COM), ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. (B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE. (C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WILLWIT (WILLWIT.COM) IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE. (D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL WILLWIT (WILLWIT.COM), OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WILLWIT (WILLWIT.COM) OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WILLWIT (WILLWIT.COM) AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. (G) WILLWIT (WILLWIT.COM) disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to WILLWIT (WILLWIT.COM)'s disclaimer of any such liability. If you do not agree, you should not access or use the Site. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WILLWIT (WILLWIT.COM)ADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WILLWIT (WILLWIT.COM)ADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND WILLWIT (WILLWIT.COM)ADDY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WILLWIT (WILLWIT.COM)ADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL WILLWIT (WILLWIT.COM)ADDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WILLWIT (WILLWIT.COM)ADDY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WILLWIT (WILLWIT.COM) TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Willwit.com ON AN “AS IS” BASIS. Willwit.com MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Willwit.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Willwit.com DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Willwit.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Willwit.com’s TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Willwit.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Willwit.com’s LIABILITY.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless Willwit (Willwit.com) and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Willwit (Willwit.com) directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Willwit.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Typographical Errors
While Willwit.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Willwit.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Willwit.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Willwit.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by Willwit.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Willwit.com, excluding shipping.
PAY BY PAYPAL
By using Willwit (Willwit.com)y’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”). It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Willwit (Willwit.com)y shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Willwit (Willwit.com)y may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source. By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.
NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
COMPLIANCE WITH LOCAL LAWS
Willwit (Willwit.com)y makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
Arbitration
Where the parties fail to settle dispute within 30 days after such dispute occurs, they agree to submit such dispute to Santo Domingo International Arbitration Center for arbitration which shall be conducted in accordance with the Commission's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties.
GOVERNING LAW; JURISDICTION; PLACE; JURY TRIAL WAIVER
Except for disputes governed by the Uniform Dispute Resolution and shopping accounts referred to above and are available here, this Agreement shall be governed by and construed in accordance with the law Santo Domingo, Dominican Republic, as If, regardless of conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be considered in courts of Santo Domingo, and you consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) the jurisdiction and jurisdiction of the courts Santo Domingo. You agree to waive your right to a jury trial in any action or proceeding is carried out in connection with or arising out of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Leggends.com as a result of these Terms or service or use of Willwit (Willwit.com). If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then it shall be deemed to be invalid or unenforceable provision replaced by a valid, as close as possible to the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If on the other hand, one or more of the provisions of this Agreement for any reason be held to be overly broad and to the duration, geographical scope, activity or object, such provision will be interpreted by the limitation and reduction, so as to be enforceable to the extent consistent with applicable law, and then it manifests. No delay or omission by either party to this Agreement which requires the performance of the other party hereunder, or the exercise of any right, will operate as a waiver of any right or rights here. Any and all representations and warranties, indemnity obligations, confidentiality requirements, intellectual property, applicable law, advertisements, and termination provisions, judicial consents, and this section shall survive the termination of the contract by either party for any motif. Unless otherwise specified, these Terms of Service and Privacy Policy constitute the entire agreement between the user and Willwit (Willwit.com).com regarding Willwit (Willwit.com) System and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Willwit (Willwit.com).com. regarding Willwit (Willwit.com) System. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Willwit (Willwit.com).com is not obligated to monitor the content of Willwit (Willwit.com). Willwit (Willwit.com).com reserves the right to disclose any information, content or materials as necessary to satisfy any applicable law, rule, regulation, legal process or government request, in response to an allegation that material infringes its intellectual property rights a third party or otherwise violate any law, rule, regulation, or according to Willwit (Willwit.com).com and Privacy Statement. Willwit (Willwit.com).com reserves the right to edit, refuse to post or to remove any information, content or materials, in whole or in part, of Web sites Willwit (Willwit.com) to Willwit (Willwit.com).com's sole discretion, without notice at any time . All rights not expressly granted herein are reserved by Willwit (Willwit.com).com, including all legal and equitable remedies available to Willwit (Willwit.com).com or violation of any of these Terms of Service.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Willwit.com is not responsible for the operation of or content located on or through any such site.
Remedies
You agree that Willwit.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Willwit.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Willwit.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of Willwit.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses. No instance of waiver by Willwit.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Rafael A. Sánchez 92, Santo Domingo, DR. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. Miscellaneous. These Terms of Service and any operating rules for the Site established by WILLWIT (WILLWIT.COM) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of WILLWIT (WILLWIT.COM), its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access the Site, including its Interactive Areas, from any location in the world, you accept full responsibility for compliance with all local laws. You are also subject to local export controls and are responsible for any violations of local embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import. Neither WILLWIT (WILLWIT.COM) nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Clauses survival.
In the event that any part of this document is annulled, that fact does not invalidate the entire agreement, it shall be considered as including the annulled part. The rights and obligations of the parties shall be exercised in an appropriate way.
Remedy Heritage
You hereby agree that if the terms of this Agreement are not specifically enforced and / or reinforced proactively, the Owner will be irreparably damaged, and therefore you agree that Owner shall, without ties or links, other elements or proof of damages, to appropriate remedies Heritage regarding any item and / or breach of this Agreement, in addition to any other remedies available.