Terms & Conditions
WIZARD TECHNOLOGY PARTNERS CUSTOMER TERMS OF SERVICE
Last Modified on September 22, 2022
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS IS A BINDING CONTRACT.
Welcome to Wizard Technology Partners! Your access and use of the Wizard Technology Partners website located at www.WizardPartnersTechnology.com (the “Site”) and features, products and services provided by Wizard Technology Partners, Inc. (“Wizard Technology Partners”, “we”, “us” or “our”) through the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and Wizard Technology Partners and are sometimes referred to herein as the “Agreement”.
By agreeing to these Terms, you expressly agree to arbitration of all disputes as further described in Section 19 below. You and Wizard Technology Partners agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.
The Service provides individuals or businesses seeking to obtain technical support services (“Customer”) with a platform where they can engage an individual seeking to provide the selected technical support service (“Tech”). A Customer will use the Service in order to select the desired services and set up a time for the Tech to perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users”. The Services and the Site are collectively referred to as the “Platform”.
Please note that the Platform is operated in the United States and is not available to, and should not be accessed and used by, residents of the European Economic Area.
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Platform, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further agree to receive all communications, agreements and notices that we provide in connection with the Platform electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Platform. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Platform, and if you do not accept these Terms then you may not use any aspect of the Platform.
These Terms contain important language governing your use of the Platform. They address, among other things, information about how we provide the Platform, how we or you may terminate the Services and/or access to the Platform, the requirements imposed on you when managing your User account (an “Account”) and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).
1. Updates
Wizard Technology Partners may update these Terms at any time in its sole discretion, and Wizard Technology Partners will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Platform after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Platform. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
2. Provision of the Platform
You are responsible for any Internet connection, data usage and telecommunications fees and charges that you incur when accessing the Platform. You acknowledge and agree that Wizard Technology Partners may make changes to any aspect of the Platform at any time without notifying you in advance.
3. Termination of the Platform
Wizard Technology Partners reserves the right to deny use of the Platform to any person or entity at Wizard Technology Partners’ sole and absolute discretion. You acknowledge and agree that Wizard Technology Partners may stop providing any aspect of the Platform or restrict your use of the Platform at any time, without notifying you in advance, for any reason or no reason. If Wizard Technology Partners disables your access to your Account, you may be prevented from accessing the Platform, your Account details or any materials contained in your Account.
4. User Accounts and Security
4.1. User Account.
To access certain aspects of the Platform, you must have an Account. You can create an Account by completing the registration process on the Site.
You may be required to provide information about yourself as part of the registration process or your continued use of the Platform. You agree that any registration information that you submit to Wizard Technology Partners will be correct, accurate and up-to-date. You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you with appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.
4.2. User Account Security. Maintaining your Account security is very important. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that are conducted via your Account. You agree to notify Wizard Technology Partners immediately if you become aware of any unauthorized use of your password or of your Account.
4.3. User Account Sharing or Transfers. Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with, or disclose your password to, anyone else.
4.4. Deactivation by You. You have the right to deactivate your account at any time. You may deactivate your account by emailing us at info@WizardTechnologyPartners.com. We may maintain a record of account and order history for deactivated accounts.
4.5. Termination by Wizard Technology Partners. Wizard Technology Partners may terminate your Account at any time for any reason or no reason, including if: (a) Wizard Technology Partners determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Wizard Technology Partners; (b) Wizard Technology Partners determines it is required by law to terminate your Account; or (c) Wizard Technology Partners decides to stop providing the Platform or critical portions of the Platform. When terminating your Account, Wizard Technology Partners may delete the Account and all the information in it. You have no ownership rights to your Account.
4.6. Effect of User Account Deactivation. If you voluntarily deactivate your Account, you may reactivate that Account at any time by contacting us via email at info@WizardTechnologyPartners.com. Accounts terminated by Wizard Technology Partners for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason without the consent of Wizard Technology Partners, which may be withheld in Wizard Technology Partners’ sole and absolute discretion.
5. Cancellation and Rescheduling
Our cancellation and rescheduling policies are posted below and may be updated from time to time without notice.
5.1. Cancellation Policy
Cancellation Type Fee
After technician is assigned $25
Within 24 hours of appointment $50
Within 3 hours of appointment Full Cost
No show upon technician’s arrival Full Cost
5.2. Reschedule Policy
You may reschedule a confirmed appointment up to 3 hours prior to the appointment time at no charge.
A $25 service fee will be applied to remote appointments rescheduled within 3 hours of the appointment time.
A $50 service fee will be applied to in-person appointments rescheduled within 3 hours of the appointment time.
6. Pricing and Payments
6.1. Fees and Payments. All prices, fees and other amounts for the Platform are set forth on the Site (the “Fees”). All amounts shall be expressed and paid in United States Dollars. All Fees are subject to change at any time without notice; no Fee is confirmed until the checkout process is complete. The Fees may include a platform fee, in which case such platform fee will be indicated as a line item at checkout. Except as otherwise expressly set forth herein or as expressly approved by Wizard Technology Partners in writing in its sole discretion, all payments made are final and non-refundable and a User shall not have the right to cancel its purchase for any reason. If you use PayPal or any other payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. Wizard Technology Partners shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).
6.2. Payment Processing. When you make a Booking, we will place a hold on the credit card that you provide to us at the time of Booking, such hold in the amount of the anticipated charge for the applicable Booking. Upon your marking the Booking as complete via the mobile app for Techs or other method facilitated by Wizard Technology Partners such credit card will be charged if payment was not made via other means on the Platform. You may change the payment method at any time prior to job completion by emailing us at info@WizardTechnologyPartners.com. Fees for cancellations and rescheduled Bookings, in accordance with the cancellation and rescheduling policies referred to in Section 5, will be charged to the credit card provided at the time of Booking.
6.3. Failed Transactions. If Wizard Technology Partners is unable to successfully charge any linked payment instrument, Wizard Technology Partners will notify you via email and/or within the “My Account” page, and you will be unable to initiate further orders or transactions with your Account. Upon Wizard Technology Partners’ notification to you of such failure, you agree to link a new, valid payment instrument as soon as possible but in any event within three (3) business days. Your Wizard Technology Partners Account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by Wizard Technology Partners. Wizard Technology Partners is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by Wizard Technology Partners. To the extent that Wizard Technology Partners is unable to successfully charge any payment instrument linked to your Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Wizard Technology Partners may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to Wizard Technology Partners. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that Wizard Technology Partners, or any agency or business employed by Wizard Technology Partners, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with Wizard Technology Partners, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
6.4. Subscription Plans.
6.5. Gift Cards. Wizard Technology Partners may offer gift cards for purchase ("Gift Cards"). Gift Cards are redeemable only as payment for a Booking or a Subscription Plan. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law. Gift Cards must be presented (or the applicable identification number entered) at the time of payment and any available balance will be applied to your purchase. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards. You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift. A Gift Card is void if copied, altered, transferred, purchased or sold. Purchases of Gift Cards are final and not refundable. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors. Gift Cards and their use are subject to these Terms and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at info@WizardTechnologyPartners.com. In the event you do not use your Gift Card for a certain period, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
7. Restrictions and Conditions of Use
7.1. Use Restrictions. Wizard Technology Partners permits you to view and use the Platform solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Platform. Furthermore, you agree that you will not:
(a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform;
(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Wizard Technology Partners;
(c) make any false, misleading or deceptive statement or representation regarding Wizard Technology Partners or the Platform;
(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Platform (or any servers, systems or networks connected to the Platform) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Platform or any other person’s or entity’s use of the Platform (or any servers, systems or networks connected to the Platform);
(e) attempt to gain unauthorized access to the Platform, accounts registered to other Users, or any servers, systems or networks connected to the Platform;
(f) use the Platform for any commercial purpose unless consistent with these Terms and the intended use of the Platform;
(g) use the Platform to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
(h) use the Platform to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;
(i) breach any agreements you enter into with any third parties;
(j) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by Wizard Technology Partners in its sole discretion;
(k) use the Platform to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;
(l) improperly obtain or attempt to improperly obtain any information or data from the Platform including, without limitation, email addresses or mobile phone numbers of other Users;
(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Platform, whether through the use of a network analyzer, packet sniffer or other device; or
(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Platform.
8. Links
8.1. Links from the Platform. The Platform may contain links to websites operated by independent third parties. Wizard Technology Partners provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Wizard Technology Partners and Wizard Technology Partners is not responsible for the content available on the other websites or services. Such links do not imply Wizard Technology Partners’ endorsement of information or material on any other website and Wizard Technology Partners disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
8.2. Links to the Platform. Unless otherwise set forth in a written agreement between you and Wizard Technology Partners, you must adhere to Wizard Technology Partners’ linking policy as follows: (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with Wizard Technology Partners’ or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Wizard Technology Partners; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. Wizard Technology Partners reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking platform). Furthermore, Wizard Technology Partners reserves the right to revoke or modify any link (including any vanity link) to the Platform or otherwise related to your Account (including any link on any social media networking platform).
9. Wizard Technology Partners Intellectual Property
9.1. Trademarks. The Wizard Technology Partners name and logo are trademarks and service marks of Wizard Technology Partners. Unless permitted in a separate written agreement with Wizard Technology Partners, you do not have the right to use any of Wizard Technology Partners’ trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
9.2. Ownership. You acknowledge and agree that Wizard Technology Partners, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by United States and international copyright laws. Further, you acknowledge that the Platform may contain information that Wizard Technology Partners has designated as confidential and you agree not to disclose such information without Wizard Technology Partners’ prior written consent.
9.3. Feedback. You may choose to, or Wizard Technology Partners may invite you to, submit comments, bug reports, ideas or other feedback about the Platform or any modifications, features or improvements thereto (“Feedback”). You agree that Wizard Technology Partners shall own any and all Feedback and Wizard Technology Partners shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to Wizard Technology Partners all right, title and interest that you may acquire in and to any Feedback.
10. Privacy Policy
By accepting these Terms or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to these Terms. Wizard Technology Partners may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.
11. Location
The Platform is operated by Wizard Technology Partners in the United States. In order for us to provide our Platform, you agree that we may transfer, use and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Platform from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws; provided, however, that the Platform is not available to, and should not be accessed and used by, residents of the European Economic Area.
12. Submitted Content
12.1. Wizard Technology Partners is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Platform or any materials submitted or made available through the Platform via any function which allows a User to post or share content (which shall include, without, limitation, any photograph, image or other visual likeness of you) (“Submitted Content”). By using the Platform, you agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Platform. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. Wizard Technology Partners may, in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Platform or its Users, or otherwise enforce the terms of these Terms. Further, Wizard Technology Partners may in its sole discretion remove such content and terminate your Account if you submit any content that is in breach of these Terms. You acknowledge that Wizard Technology Partners has the right to pre- screen your Submitted Content but has no obligation to do so. At Wizard Technology Partners’ sole discretion, any Submitted Content may be included in the Platform in whole or in part in modified form.
12.2. Wizard Technology Partners does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Wizard Technology Partners a perpetual, irrevocable, non-terminable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Platform and Wizard Technology Partners’ (and its successors’ and affiliates’) business, including, without limitation, for promoting, marketing and redistributing part or all of the Platform (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Platform while the Submitted Content is made available through the Platform. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that Wizard Technology Partners may still have access to such Submitted Content and that the above license granted by you to Wizard Technology Partners will remain in effect despite your removal of the Submitted Content from the Platform. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.
12.3. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will Wizard Technology Partners be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Platform.
13. Utilizing Your Computer or Other Device.
Some of the benefits of the Platform require the Platform to access information on your computer or other applicable device. You hereby grant permission for the Platform to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to Wizard Technology Partners’ servers for the purposes of analyzing your device’s performance during use of the Platform. Additionally, the Platform will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Platform.
14. Mobile Messaging Terms and Conditions
14.1 By agreeing to these Terms or using the Platform, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and browser notifications. Communications from us may include responses to your inquiries, operational communications concerning your orders, requests for feedback, or marketing materials.
14.2 Wizard Technology Partners offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (for purposes of this Section 14, the “Mobile Messaging Terms”). By opting-in to or participating in any of our Programs, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 19 (Binding Arbitration) below. These Mobile Messaging Terms are limited to the Program and is not intended to modify other Terms or privacy policy that may govern the relationship between you and Wizard Technology Partners in other contexts.
14.3 Opt-In. The Program allows you to receive SMS/MMS mobile messages by affirmatively opting-into the Program, such as through online enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that these Mobile Messaging Terms apply to your participation in the Program, and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). Message and data rates may apply.
14.4 Opt-Out. If you do not wish to continue participating in the Program or no longer agree to these Mobile Messaging Terms, you agree to reply STOP to any mobile message from Wizard Technology Partners in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing option is the only reasonable method of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than the word STOP or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
14.5 Duty to Notify and Indemnify. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Wizard Technology Partners of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Wizard Technology Partners, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and these Mobile Messaging Terms shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
14.6 Program Description. Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning Booking updates, requests for feedback, and the marketing and sale of products, services, and events.
14.7 Cost and Frequency. Message and data rates may apply. The Program may involve recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Wizard Technology Partners.
14.8 MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
14.9 Our Disclaimer of Warranty. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Wizard Technology Partners’s control.
14.10 Participant Requirements. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your device capabilities for specific text messaging instructions
15. NO ENDORSEMENT; LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
15.1. Although Wizard Technology Partners displays information about Techs and Users and may collect payments of Fees for Techs, such actions do not in any way constitute Wizard Technology Partners’s sponsorship or approval of any Tech. Wizard Technology Partners does not endorse or recommend any Tech, and you agree that Wizard Technology Partners is not responsible for the accuracy or completeness of information displayed through the Platform with respect to the Techs.
15.2. Wizard Technology Partners represents and warrants that the Services (a) will be performed in a good and workmanlike manner, using the degree of skill, care, and judgment consistent with customarily accepted good business practices, and (b) will be free from defects. This limited warranty is valid for a period of ninety (90) days following the date the Services were performed. To make a claim under this limited warranty for any Services performed, contact us at info@WizardTechnologyPartners.com and we will arrange for a Tech to re-perform the Services. Such re-performance shall be the sole remedy for any claims made under this limited warranty.
15.3. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT, EXCEPT AS SET FORTH IN SECTION 15.2, (A) THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZARD TECHNOLOGY PARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) WIZARD TECHNOLOGY PARTNERS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM, AND (D) WIZARD TECHNOLOGY PARTNERS DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED; OR (V) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.4. TECHS ARE NOT REPRESENTATIVES OR AGENTS OF WIZARD TECHNOLOGY PARTNERS. EXCEPT FOR CERTAIN REMOTE TECHNICAL SUPPORT, WIZARD TECHNOLOGY PARTNERS DOES NOT PROVIDE TECHNICAL SUPPORT SERVICES, AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PROVIDE TECHNICAL SUPPORT SERVICES. USERS HEREBY ACKNOWLEDGE THAT WIZARD TECHNOLOGY PARTNERS DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A TECH’S WORK AND, EXCEPT AS SET FORTH IN SECTION 15.2, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
15.5. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE REPESECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY TECH PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. WIZARD TECHNOLOGY PARTNERS ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.
15.6. NEITHER WIZARD TECHNOLOGY PARTNERS NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “WIZARD TECHNOLOGY PARTNERS PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE WIZARD TECHNOLOGY PARTNERS PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH WIZARD TECHNOLOGY PARTNERS OR THE PLATFORM.
15.7. WIZARD TECHNOLOGY PARTNERS ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HA VE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, TECHS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. WIZARD TECHNOLOGY PARTNERS DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY TECH(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY TECH(S) ARE MADE SOLELY AT THE DISCRETION OF THE TECH AND WIZARD TECHNOLOGY PARTNERS HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE TECH(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT WIZARD TECHNOLOGY PARTNERS SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE TECH TO YOU AS A RESULT OF YOUR USE OF THE PLATFORM.
16. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZARD TECHNOLOGY PARTNERS AND THE OTHER WIZARD TECHNOLOGY PARTNERS PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF WIZARD TECHNOLOGY PARTNERS OR THE OTHER WIZARD TECHNOLOGY PARTNERS PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF WIZARD TECHNOLOGY PARTNERS OR ANY OF THE OTHER WIZARD TECHNOLOGY PARTNERS PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
17. Indemnification
You agree to defend, indemnify and hold Wizard Technology Partners and the other Wizard Technology Partners Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of these Terms or any other policies that Wizard Technology Partners may issue for the Platform from time to time. You further agree to cooperate as required by Wizard Technology Partners in the defense of any claim. Wizard Technology Partners reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Wizard Technology Partners.
18. Governing Law; Jurisdiction
These Terms are governed by Colorado law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Wizard Technology Partners agree that, except as otherwise provided in Section 19 below, the state and federal courts located in Denver, Colorado will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Wizard Technology Partners shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
19. Binding Arbitration
19.1. Arbitration Procedures. You and Wizard Technology Partners agree that, except as provided in Section 19.4 below, all disputes, controversies and claims related to these Terms or the Platform (each a “Claim”) shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 19 and the JAMS Rules, the terms in this Section 19 will control and prevail. Except as otherwise set forth in Section 19.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Wizard Technology Partners will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Wizard Technology Partners may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
19.2. Location. The arbitration will take place in Denver, Colorado, unless the parties agree to video, phone or internet connection appearances.
19.3. LIMITATIONS. YOU AND WIZARD TECHNOLOGY PARTNERS AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE CLAIM BETWEEN WIZARD TECHNOLOGY PARTNERS AND YOU INDIVIDUALLY. YOU AND WIZARD TECHNOLOGY PARTNERS AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
19.4. Exceptions to Arbitration. You and Wizard Technology Partners agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Wizard Technology Partners’ intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
19.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
19.6. Severability. You and Wizard Technology Partners agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 19.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 19.4 is found to be illegal or unenforceable then neither you nor Wizard Technology Partners will elect to arbitrate any Claim falling within that portion of Section 19.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Denver, Colorado, United States of America, and you and Wizard Technology Partners agree to submit to the personal jurisdiction of that court.
20. General
20.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wizard Technology Partners as a result of these Terms or your use of the Platform.
20.2. Assignment. Wizard Technology Partners may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without Wizard Technology Partners’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.
20.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
20.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 19.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
20.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Wizard Technology Partners of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
20.6. Notices All notices given by you or required under these Terms shall be in writing and sent to support@WizardTechnologyPartners.com.
20.7. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Platform, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
20.8. Equitable Remedies. You acknowledge and agree that Wizard Technology Partners would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
20.9. Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and Wizard Technology Partners with respect to the Platform and supersede any and all prior agreements between you and Wizard Technology Partners relating to the Platform.