Our terms of service

Last revision made on December 29, 2023

Thank you for visiting Wowledge, a website and online service owned and operated by Wowledge, LLC (“Wowledge,” “we,” “us” or “our”). These Terms of Service ("Terms") govern your access to and use of Wowledge's website (the “Site,” “System” or “Platform”), and other online products, tools, and services (collectively, the “Service”). Please read these Terms carefully. By accessing, using, or subscribing to our Service, you agree to be bound by these Terms and by our Privacy Policy.


1. Using Wowledge


Wowledge is a collaborative knowledge platform where Experts and Members can access and contribute information and tools on a variety of HR and People related subjects. We want to make sure our Members have access to relevant Content and feel they are part of a constructive community that contributes valuable information by requiring everyone to follow the rules and terms illustrated in this Terms of Service and in our Privacy Policy.

If you come across any Content (including text, images, or website links) or Members that seem to break these Terms, you can report them to us by clicking the “Flag” icon located next to a User Name/ID in the corresponding “History” page of any Article Document.


Accepting these terms

If you access, use, or subscribe to the Service, it means you agree to be bound by all of the Terms in this document. So, before you use the Service, please read all of the Terms. If you don’t agree to all of the Terms, please do not use or subscribe to the Service.


Changes to these terms

We reserve the right to change these Terms of Service from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of this document and, in some cases, provide you with additional notice via email notification. We encourage you to review the Terms of Service periodically to stay informed about our practices. If you continue to use the Service after the revised Terms have been posted, then you have accepted the changes to these Terms. Whenever we make changes to these Terms, they are effective when the revised Terms are posted.


Privacy policy

For information about how we collect and use information about Users of the Service, please refer to our Privacy Policy.


Creating accounts

In order to use or access the Service, you will need to register and create an account (“Member Account”). A Member Account gives you access to the Service, which might include diverse Content access, features, and benefits based on your Membership type. We may maintain different types of Memberships with some similar or different Content access, features, and benefits. Member Accounts are individual, single-use, and personalized to your unique Content selections, contributions, and User status. When you open a Member Account, it should be on behalf of yourself. You will be responsible for your use and access to the Service and compliance with the Terms of Service and Privacy Policy.

When creating your Member Account, you must provide accurate and complete information, and update it from time to time as needed. You also agree to maintain the security of your password and accept all risks of unauthorized access to your account. If you discover or suspect any Service security breaches, please Contact us as soon as possible.


Subscription and payment

When you purchase a subscription to use or access the Service, it will be available shortly after payment has been received and processed.

We use a third-party service provider to manage credit card processing, and your credit card information is transmitted directly to the third-party service. This third-party processing service is not permitted to store, retain, or use your billing information except as necessary to process your credit card information for current or future purchases through our Site. Your full credit card number is never transmitted to or viewed by anyone at Wowledge (however, we are given and may print a portion of your credit card information on your receipt to let you know what credit card you used to make a purchase). The company name on your receipt will appear as "Wowledge, LLC" You will receive an email receipt following each credit card charge.

If at any time you fail to pay your subscription fee when due, we may immediately suspend or terminate the Service, in whole or in part.

If we provide or offer a Service without charge, Wowledge has the right at any time to begin charging a fee for the Service, provided we notify you of such fee beforehand. If a fee applies, your use and access to the Service is subject to your full and timely payment of such fee, including renewing at the conclusion of each billing cycle.


Renewal and cancellation

Member Accounts are set to automatically renew at the end of the subscription or billing cycle unless you change this in your Account Settings, under “Subscriptions”. When you choose not to renew or downgrade your plan, you will still have access to all your Content selections and features until the end of the billing cycle. After the billing cycle has ended, you will no longer have access to selected Content, and other features, or benefits.

If you decide to cancel your Member Account before the end of your billing cycle, we will not issue any refund.

We reserve the right to refuse Service to any person or to cancel any order at our sole discretion. We also reserve the right to change, without prior notice, Service features, benefits, and pricing.


Program package selection

A Program or Topic Package contains diverse Content pieces, called Article Documents, which might include Progression Overviews, Practice Guides, Tool Summaries, Explainers, Deep Dives, or General Insights related to a particular topic. Member Accounts typically allow you to select and have access to the Content associated with a specific number of Program Packages based on your Membership type. Your access to the Content on a selected Program Package continues for the duration of your subscription independent of the time remaining in the billing cycle. When you renew your subscription at the end of each billing cycle, you will be able to make new Program Package selections based on your Membership type. “Unselected” Program Packages do not roll over to the next subscription cycle.

If you make all your Program Package selections in a subscription cycle and need to access additional Program Packages, you might upgrade your Membership plan to the next level, if available, for access to a new number of Program Packages. Be aware that previously “selected” or “unselected” Program Packages from your prior Membership type are not rolled over or added to the new number of Program Packages under an upgraded Membership since the Program Packages under each Membership type are set to a specific number. The number of Program Packages available under each Membership type is indicated on the Membership/Subscription Plans page. If you have unselected Program Packages or other unused features or benefits at the end of your billing cycle or when upgrading your Membership plan, we will not issue any refund, credit, or discount.


Collaboration membership

If you have been invited to the Service as a Collaboration Member, your subscription is free for one year. At the end of the subscription cycle, you should elect to transition your subscription to a paid Membership Plan at the regular price available at the time. If you choose not to transition to a paid Membership Plan, your account will automatically default to Access Member without the ability to view full documents from selected Content, and other features or benefits.


Communications from the service

You may use the “Account Settings” in the Service to manage your Account profile. By providing your email address, you hereby consent to our using the email address to send you Service-related notices, including any notices required by law, renewals, or other end-of-cycle notices. You may use the “Notifications” section to opt out of many Service-related communications, including updates on features, offers, bookmarks, and documents.


Use of wows

Wows are a type of virtual currency at Wowledge used to pledge your preferences on Article Documents. They are also used when creating new or pledging on entries in the “Related products, services and providers” section when available in Article Documents. Lifetime Wows accumulate and are showcased in the Status Panel of each User by clicking your Username when signed into the Service. Lifetime Wows help you earn progressive User status that unlocks functionality to directly accept or reject edits from other Members via the History page of each Article Document. Currently, this type of editing functionality is assigned to Users achieving the “Expert” and “Principal” levels.

Wows are earned while pledging and contributing to Article Documents. Typically, they are awarded only the first time a pledge, contribution or edit is made in a section of the same document. Each action within an Article Document doubles the number of Wows earned.

If you pledged Wows on an existing or create a new entry on the “Related products, services and providers” section that gets removed at some point for any reason, including violation of our Terms of Service, Wowledge is under no obligation to reinstate the Wows used. In the same way, if your Member Account is voluntarily closed or suspended by us as the result of a violation of our Terms or Policies or any other reason, Wowledge is under no obligation to make any compensation or other arrangements in lieu of any Wows remaining on your account. Outside the Service, Wows have no use or value.


Contributing content

To identify the Top Creators of an Article Document, the system tracks the number of Wows received by each User while creating or editing an Article Document. Each Article Document displays as “Top creators” up to four of the Members who first achieved the most Wows while contributing to the document.

When you contribute content, you release Wowledge from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to your contributions and use of the Service.

We also may, without any liability but without any obligation to do so, remove a Member Account, if Wowledge believes that such User has engaged in abusive behavior or is in violation of these Terms or otherwise pose a risk to Wowledge, the Service, or another User of the Service.


2. Right to use the service


You may use the Service only if you can form a binding contract with Wowledge, and only in compliance with this Terms of Service and Privacy Policy and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Service. Also, the Service may not be available to any Users previously removed from the Service by Wowledge.

Your right to use the Service does not include copying, distributing, or disclosing any part of the Service in any medium, modifying or otherwise making any derivative uses of the Site, reverse engineering, or accessing the Site in order to build a competitive product or service, or using the Service other than for its intended purposes. You agree to not compete in any manner, directly or indirectly, with any product utilizing or derived from Wowledge’s intellectual property or System, anywhere in the United States or any other country or geographic area in which such product(s) are being marketed or sold as long as Wowledge is a going concern. Should you do any of this, we may terminate your use of the Service, and you may have infringed the copyright and other rights of Wowledge, which may subject you to prosecution and damages.

You are strictly prohibited from using any Content provided via the Service for marketing, advertising, or solicitations of any type.

You may perform work for companies using the Content that does not utilize or derive technology, business model, methods, designs, formats, templates, or intellectual property from Wowledge’s technology, business model, methodology, or intellectual property.

Subject to the terms and conditions of this Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the functionality of the Service. Wowledge may terminate this license at any time for any reason or no reason. Please carefully read the full terms and conditions here. Wowledge reserves all rights not expressly granted herein in the Service and the Content.


No generative AI training use or content feed

For the avoidance of doubt, you are strictly prohibited from using any Content provided via the Service for purposes of feeding, obtaining responses from, or otherwise training artificial intelligence technologies to generate text, images, or any other kind of information, including without limitation, technologies that are capable of generating content in the same style or genre as the Content available via the Service, unless you obtain Wowledge’s specific and express permission to do so.


Prohibition of automated data collection

The content, data, and services provided through the Service are intended solely for direct human user interaction. The use of any automated systems, including but not limited to robots, crawlers, data mining tools, or similar technology-driven entities, to access, scrape, download, or otherwise extract data or Content from the Service, weather from publicly available pages or Content only available to Registered Users, is strictly prohibited, unless explicitly authorized by Wowledge in writing.

Notwithstanding the above restrictions, Wowledge grants permission to public search engine operators to use automated systems (such as spiders or crawlers) for the purpose of indexing the information of Wowledge's publicly available pages to make it searchable. This includes the use of such systems for caching or archiving materials for the sole purpose of enhancing searchability and accessibility in their indices. Wowledge reserves the right to revoke these exceptions either generally or in specific cases at its sole discretion.


3. Licensing of content


Wowledge allows you to submit Content included in Article Documents, in the form of text, images, or website links. Anything that you submit is referred to as "Content." You are solely responsible for the Content you submit to the System. User Content is not private and might be visible to any and all Members or other people through the Service or other means.

All members contributing Content agree to the following licensing requirements:

Text or images to which you hold the copyright: When you submit text or images to which you hold the copyright, you agree to grant to Wowledge an irrevocable, exclusive, perpetual, worldwide, royalty-free license to use, copy, reproduce, sublicense, transfer, distribute, modify, and create derivative works of the Content within the Service or for other external marketing or commercial purposes. You warrant that you have the right to grant to Wowledge all rights granted under this Terms of Service, free and clear of any and all agreements, liens, adverse claims, encumbrances, or other interests of any third party, provided that this Content does not infringe third party intellectual property rights, and you have not previously and will not grant any rights in the Content to any third party that are inconsistent with the rights granted to Wowledge herein.

Attribution: When you contribute text, you agree to be attributed in any of the following fashions: Through URL to an article you authored outside of Wowledge.com if it is included in the “Referenced articles and tools” section in Article Documents. You will also be listed on the Article History page that lists all contributions and edits or if you are a “Top creator” on the main page of the Article Document. You can elect to display your actual name and image of your choosing or a User ID, which you can manage as part of your “Account Profile” in Account Settings. Displaying your profile name and no image is the default setting when first creating a Member Account.

No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Service for text or images contributed to the Article Documents, even if you terminate use of our services.

Uploading text: It is advised that the text you include in Article Documents is based on your own ideas, knowledge, or criteria. However, if you choose to upload text that you have found elsewhere or that you have co-authored with others, you warrant that the text is available under terms that are compatible with this Terms of Service and does not and will not infringe upon, violate or misappropriate any copyright or trade secret right of any third party. You agree that, if you upload text that requires attribution, you must credit the author(s) in a reasonable fashion. One way is to include a Reference in the “Related articles and tools” section of the Article Document that includes the URL to the article from which you imported text from, ensuring you link that Reference back next to the corresponding text in the Article Document.

Images: Images on the Article Documents should not infringe third-party copyrights. When you contribute images, you agree to comply with the requirements for any underlying license(s) related to the image you choose to upload. When modifying or making additions to any image that you have uploaded, you agree to license the modified or added content in accordance with whatever license under which the image has been made available.

Public domain content: Content that is in the public domain is permitted. It is important however that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.

In addition, you agree that you are not allowed to submit, link and otherwise make available on or through the Service anything that: (i) Is illegal or unlawful; (ii) Attacks, bullies, harasses people, includes hate speech or is fraudulent or deceptive; (iii) Is your or someone else’s private, confidential, or personal information; (iv) Represents a private person or organization offering to trade or sell drugs, alcohol, tobacco, firearms or other hazardous materials; (v) Promotes self-harm, physical injury of others or property damage, threatens people or public safety, or organizes or encourages harm of any type; (vi) Is sexually explicit, pornographic, or promotes sexual services; (vii) Infringes any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other rights of any party; and (viii) Contains viruses, corrupted data or other harmful, disruptive or destructive files or code.

If any Content you have submitted is removed from our Site, Wowledge is under no obligation to notify you.


Feedback for us

We are interested in any Feedback you might provide us to help us improve Wowledge. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Wowledge does not waive any rights to use similar or related Feedback previously known to Wowledge, or developed by its employees, or obtained from sources other than you.


4. Your conduct


You agree that you will not do any of the following in connection with the Service or other Members: (i) Create an account or submit any Content if you are a minor under the age of 18; (ii) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Members from feeling safe and comfortable using the Service or that could damage, disable, overburden or impair the functioning of the Service; (iii) Use Wowledge’s name, logo or branding in a way that confuses people about your affiliation with Wowledge; (iv) Break, circumvent or attempt to circumvent our security measures or other features designed to protect the Service and Members of the Service, or otherwise test the vulnerability of our systems or networks; (v) Use any undocumented or unsupported method to access, search, scrape, download or change the Service or anything on the Wowledge Site; (vi) Submit large amounts of unwanted or repetitive Content, post unsolicited commercial messages. You also can't use cloaking, off-domain redirects, or any other technical measures to do any of these, or to intentionally make Content less prominent by deceptively reporting it even while this Content might not violate any of our Terms or Privacy Policy; (vii) Use meta tags, hidden text or metadata with our logo, URL or product name without our written consent; (viii) Try to reverse engineer any of Wowledge’s software; (ix) Try to interfere with any Wowledge user, host or network, for example by sending a virus, overloading, spamming or mail-bombing; (x) Impersonate or misrepresent your affiliation with any person or entity, including Wowledge; and (xi) Do anything that violates applicable law or regulations.


5. Security


The security and confidentiality of Wowledge Members are our utmost priority. We incorporate best-in-class measures to protect the security of our Member Account’s information and confidentiality of your identity when you select to only display your User ID in History pages and Article Documents. However, Wowledge cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.


Third-party links, sites, and services

Wowledge’s platform may contain links to third-party websites, products, services, providers, advertisers, special offers, or other events or activities that have been submitted by Members or the Wowledge team, which are not owned or controlled by Wowledge. Our Members or team might even include visual cues in the form of assessments of attributes for these third-party websites, products, services, or providers based on personal views, analysis, research, or reviews with members of these entities. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from our platform, you do so at your own risk and you agree that Wowledge will have no liability arising from your use of or access to any third-party website, service, or content.


6. Copyright policy


Wowledge respects the intellectual property rights of others and expects its Members to do the same. It is Wowledge's policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of Members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Wowledge has adopted copyright policies in accordance with the Digital Millennium Copyright Act and will respond expeditiously to claims of copyright infringement committed using our Site.


Copyright infringement notice

If you are a copyright owner or an agent thereof and believe that any Content available on our Service infringes your copyrights, you may notify our Copyright Agent (the “Notice”) by providing the information below via email at [email protected]:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by this Notice, a representative list of such works at that site.

(c) Identification of the Content that is claimed to be infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content, including at a minimum, if applicable, the classification of the Content (if in the form of text, images, “Referenced articles and tools” or “Related products, services and providers”, the URL of the link shown on the Site where such Content may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit Wowledge to contact you, including your mailing address, telephone number, and email address.

(e) The following two statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

You acknowledge that failure to comply with all of the above requirements will result in an invalid Notice.

Upon receipt of the Notice as described above, Wowledge will take whatever action, in its sole discretion, it deems appropriate, including removal of the Content from the Site. If Wowledge removes or disables access to Content in response to a Notice, we may or may not directly notify the Member who submitted the Content with details about the Notice. If you use the Service and submit Content to the Site you agree to continuously monitor your Content to identify if any text, images or website links submitted as “Related articles and tools” or “Related products, services and providers” have been removed from our Site.


Copyright infringement counter-notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to other law, to submit the content to Wowledge, you may send a counter-notice to our Copyright Agent by email at [email protected] containing the information below:

(a) A physical or electronic signature (for example, typing your full name).

(b) Identification of the Content that was removed or to which access has been disabled, the location at which the content appeared before it was removed or disabled, and the source address of the Content that was removed (copy and paste the link in the notification email).

(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.

(d) Your name, address, telephone number, and email address.

(e) The following two statements in the body of the Notice:
A statement under penalty of perjury that you have a good faith belief that the Content was removed in error.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Wowledge may be found, and that you will accept service of process from the person who provided the original complaint or an agent of such person.

Note: There are legal and financial consequences for fraudulent or bad faith submissions. Before submitting a Notice or counter-notice, be sure that you are the actual rights holder of the Content and understand the repercussions of submitting a false claim.


7. Suspension and termination


Wowledge may suspend and/or terminate your rights with respect to the Service for any reason or for no reason at all and with or without notice at Wowledge’s sole discretion. Suspension and/or termination may include restricting access to and use of the Service. If your rights with respect to the Service are suspended and/or terminated, you agree to make no further use of the Service during suspension or after termination. Upon suspension and/or termination, you continue to be bound by any applicable Terms and Privacy Policy.


8. Disclaimers, limitation of liability and indemnification


THE SERVICE IS OPTIONAL AND THERE IS NO REQUIREMENT FOR THE USE OF THE SERVICE. IF YOU DO SUBSCRIBE, USE OR ACCESS THE SERVICE, BE AWARE THAT THE SERVICE AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

NO RECIPIENT OF CONTENT FROM THE SERVICE SHOULD ACT, REFRAIN FROM ACTING OR MAKE ANY DECISIONS ON THE BASIS OF ANY INFORMATION INCLUDED IN, OR ACCESSIBLE THROUGH, THE SERVICE. WOWLEDGE OR ITS LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE USE, ACCURACY, OR USEFULNESS OF ANY CONTENT TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTION, REFRAINING FROM ACTION OR DECISIONS MADE BASED ON SUCH CONTENT.

WOWLEDGE DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION OR CONTENT OBTAINED IN CONNECTION WITH THE SERVICE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR ANY OTHER LIABILITIES OR DAMAGES THAT RESULT FROM SUCH USE.

Wowledge takes no responsibility and assumes no liability for any Content, including Content that you or any other Member or third party submits or transmits using our Service. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate, unreliable, or otherwise unsuited to your purpose.


Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL WOWLEDGE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL WOWLEDGE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

WOWLEDGE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO CASE SHALL WOWLEDGE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WOWLEDGE HEREUNDER.

IN NO EVENT WILL WOWLEDGE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms of Service and our Privacy Policy.


9. Governing law and arbitration


PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WOWLEDGE AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM WOWLEDGE.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Wowledge agree to consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Houston, Texas. We both give up our right to litigate our disputes and may not proceed to arbitration without first attempting mediation, except that you and Wowledge are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Wowledge will not commence against the other a class action, class arbitration or other representative action or proceeding.

If a settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Houston, Texas. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding upon the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.


10. General terms


Modifications to the service

Wowledge reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Wowledge will not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.


Consent to electronic communications

By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic notice, please Contact us.


Legal compliance

You represent and warrant that: (i) you are not located in a country that is subject to a United States of America Government embargo, or that has been designated by the United States of America Government as a “terrorist supporting” country; and (ii) you are not listed on any United States of America Government list of prohibited or restricted parties.


Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wowledge without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


Entire agreement and severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Wowledge in connection with the Service, shall constitute the entire agreement between you and Wowledge concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.


No waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Wowledge's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.


Contact information


Questions about these Terms of Service should be sent using the Contact us form.

Wowledge, LLC
5900 Balcones Drive,
STE 12735
Austin, TX 78731
United States


Wowledge is a registered service mark of Wowledge, LLC.