Terms of Use

Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by WISEOZ, including information, text, images, data or other materials ("Content") and products and services provided through www.WISEOZ.com as well as all elements, software, programs and code forming or incorporated into www.WISEOZ.com (the "Service"). This Service is operated by iThinkWorks LLC ("iThinkWorks"), a Florida corporation. iThinkWorks is also referred to in these Terms as "we", "our", and "us".

By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the WISEOZ website (the "Site"). If you choose to register as a member of our Service or purchase products from WiseShop, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Section I: General Terms

1. Availability

This Service is provided by iThinkWorks on an "AS IS" and "AS AVAILABLE" basis and iThinkworks reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that iThinkWorks is not liable and will not be liable to you for any modification, suspension or discontinuance of the Service.

2. Privacy

iThinkWorks has a firm commitment to safeguarding your privacy. Please review the WISEOZ Privacy Policy for details. The terms of the WISEOZ Privacy Policy are incorporated into, and form a part of, these Terms.

3. Trademarks

All brand, product and service names used in this Service which identify WISEOZ or third parties and their products and services are proprietary marks of iThinkWorks and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of WISEOZ or any third party with respect to any such image, logo or name.

4. Copyright

iThinkWorks is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to WISEOZ are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of WISEOZ or the appropriate owner of copyright in such works. iThinkWorks does not claim ownership rights in your works or other materials posted by you to WISEOZ (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

5. External Links

WISEOZ may provide links to third-party websites or resources. You acknowledge and agree that iThinkWorks is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by iThinkWorks of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. Third Party Software

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

7. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to iThinkWorks that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. iThinkWorks does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless iThinkWorks, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

8. Disclaimer of Warranty and Limitation of Liability

ITHINKWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ITHINKWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ITHINKWORKS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ITHINKWORKS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ITHINKWORKS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ITHINKWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ITHINKWORKS. AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ITHINKWORKS PURSUANT TO THIS AGREEMENT.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time to our sole discretion. If you have registered as a member, we shall notify you of any material change to these Terms (and the effective date of such change) by sending an e-mail to the address you have provided to WISEOZ for your account. For all other users, we will post the revised terms on the Site indicated at the top of this page the date these terms were last revised. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service. It is your responsibility to regularly check the website to determine if there have been changes to these Terms of Use and to review such changes.

10. General

These Terms constitute the entire agreement between iThinkWorks and you with respect to your use of the Service. iThinkWorks' failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. iThinkWorks shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of iThinkWorks. These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Florida.

11. Comments

If you have any comments or questions about the Service please contact us by e-mail at admin@WISEOZ.com.

Section II: Additional Terms

12. Membership Eligibility

Membership in the Service is void where prohibited. Only Members have the right to participate in the community and use certain portions of the WISEOZ Service. To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your e-mail address, since that is the primary way in which we will communicate with you about your account and your orders.

13. Password

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify WISEOZ of any unauthorized use of your password.

14. Submitting Content

As a registered member of the Service, you will be granted the privilege of participating in chat rooms, events, and forums on the WISEOZ website as part of the Service, which means you may post Your Content in the form of text or images for display in these areas of the WISEOZ website, subject to your compliance with the Terms.

As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "User Profile", for display on your user pages. The posting of the User Profile are subject to your compliance with the Terms.

15. Copyright in Your Content

iThinkWorks does not claim ownership rights of Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to iThinkWorks a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on WISEOZ any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

16. Monitoring Content

iThinkWorks has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.

17. Storage Policy

At this time, iThinkWorks provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that iThinkWorks may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on our servers. Furthermore, you acknowledge that iThinkWorks reserves the right to terminate or suspend accounts that are inactive, in iThinkWorks. sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, iThinkWorks shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that iThinkWorks reserves the right to modify its storage policies from time to time, with or without notice to you.

18. Conduct

You agree to be subject to and to conduct yourself in accordance with the WISEOZ Code of Conduct. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

You agree not to use the Service to:

• harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

• use automated scripts to collect information from or otherwise interact with the Service or the Site;

• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• intimidate or harass another;

• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• use or attempt to use another's account, service or system without authorization from the WISEOZ, or create a false identity on the Service or the Site;

• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

19. Suspension and Termination of Access and Membership

You agree that iThinkWorks may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the WISEOZ website, in iThinkWorks' sole discretion, if you fail to comply with the Terms or applicable law.

If you are a Member, you may terminate your account for any reason at any time by contacting us at admin@WISEOZ.com. We reserve the right to permanently store, maintain, use and display all content uploaded by you in the past, even if you terminate your account. Please note that account termination will not necessarily result in your information being purged/deleted from our databases; Just that you will no longer be able to access WISEOZ.

20. Products Purchased from WiseShop

From time to time, iThinkWorks may make certain products available for purchase through WiseShop. For example, you may have the opportunity to purchase branded merchandise.

All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

In general, WISEOZ accepts returns on defective products or incorrect orders within thirty (30) days after receipt of your order. Please contact us at shop@WISEOZ.com and we will let you know whether you need to return the product(s) to us. If you do need to make a return, simply send the product(s) within thirty (30) days of receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to iThinkWorks on returned items, and we will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at iThinkWorks. discretion. If your return merchandise is accepted, we will post a credit to your account within 24 hours from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 21, ANY PRODUCT PURCHASED THROUGH THE WISEOZ STORE IS PROVIDED ON AN "AS IS" BASIS. ITHINKWORKS. SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY DEFECTIVE PRODUCT PURCHASED THROUGH THE WISEOZ STORE SHALL BE FOR ITHINKWORKS TO PROVIDE A REPLACEMENT, REFUND OR CREDIT, AS SPECIFIED IN THE PRECEEDING PARAGRAPH.

21. Wit Points

Wit Points are credits issued via membership privileges, contest winnings, or community contribution incentives that can be used to purchase products through WiseShop. Wit Points are not legal currency and are not legal tender. To check your balance, visit your user profile page. Wit Points are nontransferable and Wit Points accrued in multiple accounts may not be combined. Your Wit Points cannot be redeemed for cash and cannot be used towards sales tax, gift certificates or past purchases. Wit Points are void where prohibited by law.

22. Member Disputes

You are solely responsible for your interactions with other WISEOZ members. We reserve the right, but have no obligation, to monitor disputes between you and other users.