(Effective Date: 10/05/2013)
WISERCOSTS Consumer Agreement
Thank you for your interest in WISERCOSTS, an Internet platform ("Website") owned and operated by WISERCOSTS, Inc., a Massachusetts corporation ("WISERCOSTS," "we," or "us"). WISERCOSTS provides consumers (collectively, "Consumers" and individually, "Consumer" or "you") an online venue to solicit quotes for trades and services from service providers and professionals in various lines of work and commerce (collectively "Service Providers"). By registering on the Website, you may become a Consumer at no cost and will have the ability to request quotes for services. References to Websites shall include, but is not limited to, any and all uses of WISERCOSTS.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
ACKNOWLEDGEMENT AND ACCEPTANCE
You acknowledge and agree that WISERCOSTS may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Consumers directly in WISERCOSTS's sole discretion. Your continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. WISERCOSTS does not and will not assume any obligation to notify Consumers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms, conditions and notices of the Agreement.
Use and Age Restrictions
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the WISERCOSTS Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
Service Requests and quotes
Upon registration with WISERCOSTS, a Consumer may submit through the Website a request for quotes for service or work ("Service Request") from Service Providers. Consumers must provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid Service Request. All Service Requests posted through the Website must be lawful and not in violation of any city ordinance, state, local or federal law. A submitted Service Request must be descriptive enough to allow a Service Provider to ascertain the necessary details to submit a fully informed offer to provide the requested services ("Quote"). After submission of a Service Request, WISERCOSTS will inform Service Providers with profiles that match the services requested by Consumer. Nevertheless, WISERCOSTS does not and cannot guarantee that there will be Service Providers who are capable of or willing to complete the requested services at the time and place requested or that Consumer will receive Quotes from Service Provider(s).
A Quote can be submitted by a Service Provider in two forms: (1) a flat fee quote, or (2) an onsite estimate quote. A flat fee quote is used when a Service Request is specific enough to allow a Service Provider to provide an accurate quote, which can include both material and labor costs when and if applicable, for the job requested. An onsite estimate is used when a Service Provider is only able to provide an estimate for a job but will be able to provide a more accurate quote or a final quote upon completion of an onsite visit.
A Service Request includes a period of time in which Quotes may be submitted ("Quoting Period") by Service Providers; however, a Consumer may accept a Quote at any time, thereby ending the Quoting Period before the fixed amount of time has passed. A Quote from a Service Provider may be canceled or retracted up until the point when the Consumer accepts the Quote and the Service Request becomes a "Won Job."
When a Consumer accepts a Quote, he or she explicitly implies an offer to pay the Service Provider in the amount of the Quote for services rendered. Accepting a Quote amounts to entering a binding legal agreement to pay the Service Provider once the Service is rendered. Please consider carefully when you accept a Quote from a Service Provider.
When submitting a Service Request, ensure that the Service Request does not infringe upon the copyright, trademark or other rights of any third party. By posting a Service Request you represent that the Service Request is lawful and does not infringe on the intellectual property of any third party. Your description of the Service Request must be truthful and accurate. Any Service Request posted on the Website: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
In registering with WISERCOSTS, Service Providers represent that they are duly licensed (if applicable) and have the qualifications, experience and ability to properly perform their offered services. WISERCOSTS requires Service Providers to post a profile ("Skill Profile") on the Website. WISERCOSTS does not review or verify the information or representations set forth in those Skill Profiles, as they are self-reported by the Service Providers.
WISERCOSTS may verify the licensing information submitted by the Service Provider at the time of its registration. Different jurisdictions may require state and/or local level licensing for certain services, work, and/or project amounts. Consumers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected Service Provider.
Insurance and Bonding
WISERCOSTS provides Service Providers with the ability to enter information and documents concerning insurance policies and/or bonds covering their operations. WISERCOSTS does not verify this information; however, Service Providers are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm any insurance and/or bonding requirements with your state and local authorities and your selected Service Provider.
YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER OR IN THE SERVICE PROVIDER'S PROFILE IS ACCURATE. WISERCOSTS DOES NOT VERIFY ALL INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CONSUMERS SHOULD CONDUCT THEIR OWN INVESTIGATION OF SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED FOR THE REQUESTED SERVICES, FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND CARRY APPROPRIATE GENERAL LIABILITY INSURANCE OR BONDING. WISERCOSTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED BY CONSUMER FROM STATE, PROVINCIAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME THAT CONSUMER CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH AGENCIES AND THIRD PARTY SOURCES.
No Warranty or Endorsement.
WISERCOSTS does not endorse or recommend the services of any particular Service Provider. It is entirely up to the Consumer to enter into a direct contract or otherwise reach an agreement with a Service Provider. NOTWITHSTANDING WISERCOSTS'S HOME SERVICE GUARANTEE, WISERCOSTS DOES NOT WARRANT THE SERVICE PROVIDER'S PERFORMANCE ON THE JOB OR THE OUTCOME OR QUALITY OF THE SERVICES PERFORMED. SERVICE PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF WISERCOSTS, NOR IS WISERCOSTS AN AGENT OF THE SERVICE PROVIDERS. WISERCOSTS DOES NOT PERFORM, AND IS NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICES OFFERED BY SERVICE PROVIDERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Interactions and Disputes with Service Providers
With exception of the Service Guarantee, WISERCOSTS will not work to resolve any disputes between Consumers and Service Providers (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH SERVICE PROVIDERS. YOU UNDERSTAND THAT WISERCOSTS DOES NOT ATTEMPT TO VERIFY ALL STATEMENTS OF SERVICE PROVIDERS. WISERCOSTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY SERVICE PROVIDER OR THE SERVICE PROVIDER'S ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER'S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WISERCOSTS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROVIDERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROVIDER, YOU SHOULD ADDRESS SUCH DISPUTE WITH THE SERVICE PROVIDERS DIRECTLY.
IN EXCHANGE FOR THE PRIVILEGE OF ACCESSING THE WEBSITE, YOU EXPRESSLY AGREE TO RELEASE WISERCOSTS (AND ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE WITH ONE OR MORE SERVICE PROVIDERS.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
WISERCOSTS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS WEBSITE FOR ANY PURPOSE. WISERCOSTS DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE WEBSITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WISERCOSTS CANNOT ENSURE THAT ANY FILES YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WISERCOSTS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. WISERCOSTS SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WISERCOSTS MAKES NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
Limitations of Liability
IN NO EVENT SHALL WISERCOSTS, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THE USE OF, CONTENT IN, DELAY OR INABLITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, (2) THE CONDUCT OF A USER, SERVICE PROVIDER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WISERCOSTS IS NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE WEBSITE OR THE ENFORCEMENT OF THE TERMS. WISERCOSTS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, WISERCOSTS USERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE WEBSITE. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Content on Website
This Website and the material within it, with exception of User Content as defined below, are WISERCOSTS, Inc. Viewing this Website creates a copy of WISERCOSTS materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of WISERCOSTS, Inc and WISERCOSTS. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. WISERCOSTS can remove any User Content you post on the Website if it violates this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf. Copyright Agent for notice of claims of infringement can be reached as follows: WISERCOSTS, Inc., Attention: 100 TRADECENTER, G700, WOBURN, MA 01801.
Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of WISERCOSTS or the party posting such content. WISERCOSTS reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
Reliance on Content, Etc.
Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by WISERCOSTS, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. WISERCOSTS does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will WISERCOSTS or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
Documents and Information Available on this Website
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the WISERCOSTS Website or any other WISERCOSTS owned, operated, licensed or controlled site (the "WISERCOSTS Websites"). Elements of WISERCOSTS Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any WISERCOSTS Website may be copied or retransmitted unless expressly permitted by WISERCOSTS.
Information You Provide to WISERCOSTS
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
In the event that you provide WISERCOSTS with any feedback regarding the WISERCOSTS service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to WISERCOSTS all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
Content Posted by You on the Website
You understand and agree that WISERCOSTS may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to WISERCOSTS, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by WISERCOSTS will not infringe or violate the rights of any third party. You grant WISERCOSTS and sublicensees the right to use the name that you submit in connection with such content, if they choose. WISERCOSTS takes no responsibility and assumes no liability for any content posted by you, any User or third party.
You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the WISERCOSTS or to any User. If information provided to WISERCOSTS, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify WISERCOSTS of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. WISERCOSTS reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that: is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false or misleading (including with respect to the identity of the party who will perform a Won Job);
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and violates state and/or local consumer protection laws.
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. WISERCOSTS reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
You acknowledge that a violation of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to WISERCOSTS for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Service Providers is confidential and for your personal use only. If it is determined or suspected by WISERCOSTS in its sole discretion that you are misusing or attempting to misuse or circumvent the WISERCOSTS services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, WISERCOSTS reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Termination of Account
This Agreement will remain in full force and effect while you use the Website and/or are a Consumer of WISERCOSTS. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to 100 TRADECENTER, G700, WOBURN, MA 01801 or Email us at: [email protected]. If you terminate your account, your account will be disabled within 14 days. WISERCOSTS may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to WISERCOSTS. All decisions regarding the termination of accounts shall be made in the sole discretion of WISERCOSTS. WISERCOSTS is not required to provide you notice prior to terminating your account. WISERCOSTS is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
WISERCOSTS Customer Care Representative
WISERCOSTS may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behavior toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership. You acknowledge and agree that WISERCOSTS may monitor and/or record any telephone calls between you and WISERCOSTS.
Modifications to Website
WISERCOSTS reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that WISERCOSTS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Blocking of IP Addresses
In order to protect the integrity of the Website, WISERCOSTS reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
WISERCOSTS is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilized in the Website. WISERCOSTS is not responsible for the conduct, whether online or offline, of any Consumer, Service Provider or other third-party users of the Website. WISERCOSTS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. WISERCOSTS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will WISERCOSTS or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the WISERCOSTS Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The WISERCOSTS Websites are provided "AS-IS" and WISERCOSTS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WISERCOSTS cannot guarantee and does not promise any specific results from use of the WISERCOSTS Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. WISERCOSTS makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because WISERCOSTS has no control over such sites and resources, you acknowledge and agree that WISERCOSTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WISERCOSTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
Jurisdiction and Choice of Law
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of Massachusetts for the resolution of any such dispute.
At the sole option of WISERCOSTS, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its commercial arbitration rules. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator/AAA. WISERCOSTS may elect, in its sole discretion, not to use arbitration for any individual Claim that you properly file and pursue in court. IF ARBITRATION IS CHOSEN BY WISERCOSTS WITH RESPECT TO A CLAIM, YOU WILL NOT HAVE THE RIGHT TO LITIGATE THE CLAIM IN COURT, HAVE A JURY TRIAL, OR ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURES. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
You agree to indemnify, defend and hold WISERCOSTS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand or suit, including reasonable attorney's fees, made by any Service Provider, User or third party due to, relating to or arising out of your use of the Website, conduct, contracts with Service Providers, payments to Service Providers, other interactions with Users and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
The following provisions shall survive termination of the Agreement: No Warranty or Endorsement, Interactions and Disputes with Service Providers, Release, No Warranties, Limitations of Liability, all provisions in the Content on Website section, Disclaimers, Jurisdiction and Choice of Law, Dispute Resolution, and Indemnification.