WaiverKing

Terms of Service

PLEASE NOTE THE TERMS OF SERVICE MAY HAVE CHANGED.

Effective Date (Date of Last Update): 16 July 2025

When you use our website, product, and services, you are agreeing to our terms of service, so please be sure to read them carefully as they contain important information regarding your legal rights and obligations.

 

1. Introduction. These Terms of Service apply to all Websites controlled by WaiverKing, Inc. ("WaiverKing"). "Websites" include sites hosted by one or more web servers (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, "Computer")), and other interactive features, applications, software, or downloads that are operated by WaiverKing and that are available through, or interact with, the Websites where these Terms of Service are posted (the "Services"). This includes all WaiverKing services governed by the WaiverKing Subscription Agreement. These Terms of Service apply to any use of the Websites and Services, whether in connection with a paid subscription or a free trial.

 

These Terms of Service apply to any use of and access to the Websites or Services by you and your Affiliates. By accessing or using the Websites or Services (or enabling an Affiliate to access or use the Websites or Services), you are indicating that you have read these Terms of Service and agree to be bound by its terms. If you do not agree with all of the terms, you may not access or use the Websites or any Services.

 

These Terms of Service are a binding legal agreement between you and WaiverKing. If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to "you" and "your" in this Agreement are referring to that entity.

 

You agree that these Terms of Service are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Websites, the materials and information available. In addition to these Terms of Service, WaiverKing has established a Privacy Policy to explain how personal information and data from both a Business Client and End User is or may be collected and used by WaiverKing. Please review the Privacy Policy carefully, as by using our website and services, you may be agreeing to allow us to collect some personal information and data about you.

 

Consent to SMS Messages:

By requesting an OTP (One-Time Password) via SMS, you explicitly consent to receive authentication messages from WaiverKing at the mobile phone number provided. Message frequency may vary depending on authentication requests. Standard messaging and data rates from your mobile carrier may apply. You may opt-out of receiving SMS OTP messages at any time by replying STOP. For additional assistance, reply HELP or contact customer support directly.

 

You must be at least eighteen (18) years old to have WaiverKing's permission to use the Websites and/or Services. If you are between the ages of thirteen (13) and seventeen (17), or under the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms of Service. If you are under the age of thirteen (13) years old, you do not have permission to use our Websites or Services.

 

THE WEBSITES AND RELATED SERVICES, APPLICATIONS, AND FEATURES PROVIDED BY WAIVERKING ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF SERVICE SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE WEBSITES OR SERVICES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF SERVICE GRANT WAIVERKING, INC. CERTAIN RIGHTS AND LICENSES, PROVIDE WAIVERKING, INC. CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT WAIVERKING, INC.'S LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THE WEBSITES AND DO NOT USE THE SERVICES, APPLICATIONS, AND OTHER FEATURES PROVIDED BY WAIVERKING AVAILABLE ON THE WEBSITES OR OFFERED BY WAIVERKING IN ANY OTHER FORMAT.

 

WaiverKing may, in its sole discretion, make changes to the Terms of Service from time to time. Any changes made will become effective when a modified version of the Terms of Service are posted to the Websites and Services. If there any material changes to the Terms of Service, WaiverKing will also notify you within the Services or by sending you an email. If you continue using the Websites and Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by following the account termination procedures. It is your obligation to ensure that you read, understand, and agree to the latest version of the Terms of Service. The legend at the top of the Terms of Service indicates when it was last changed.

 

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to the supplemental Service with which they apply.

 

2. Services. WaiverKing will make the Services to which you have subscribed available to you, subject to the terms and conditions of these Terms of Service and any Supplemental terms. During the Subscription Term (defined below), the Services will meet the service levels provided below.

 

WaiverKing will take all commercially reasonable steps to ensure that the Websites and Services available to you on a twenty-four (24) hour, seven (7) days a week basis.

 

WaiverKing will make updates to the Websites and software for the Services from time to time, but for the majority of these updates, no downtime for the Websites or Services will be required. A refresh of the Websites and software by the user may be required after an update. If, in the rare instance or occasion, an update requires a complete and temporary shut-down of the Websites, software, and Services, WaiverKing will make all commercially reasonable efforts to ensure such downtimes are quickly resolved, in most cases, excluding any unforeseen problems or errors, with resolution and access to the Websites and Services within thirty (30) minutes. WaiverKing will make all commercially reasonable efforts to ensure that any planned updates requiring downtime of the Websites, software, or Services are scheduled during off-hours to minimize the impact of any downtime on you. When possible, WaiverKing will give you notice before any downtime from a scheduled update to allow you to plan accordingly.

 

Notwithstanding the above, in addition to other rights set forth in these Terms of Service, WaiverKing reserves the right to suspend any Websites or Services (1) in connection with a Force Majeure event, (2) if WaiverKing believes, in its sole discretion, any malicious software is being used in connection with your account, or (3) during planned downtime. In addition, WaiverKing reserves the right to change, suspend, or discontinue any features, components, or functions of the Services at any time. If WaiverKing makes any material changes to the Services, WaiverKing will notify you within the Services or by sending you an email. Notwithstanding the above, WaiverKing has no obligation to update or enhance any Services or to produce or release new versions of any Services.

 

WaiverKing will not be liable for any failure or delay in performance under these Terms of Service (other than for delay in the payment of money due and payable hereunder) for causes beyond WaiverKing's reasonable control and occurring without WaiverKing's fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, pandemic, civil unrest, acts of terror, strikes or other labor problems (other than those involving WaiverKing's or your employees, respectively), or computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

 

Although the Services may allow you to access or use third-party offerings, they are not Services under these Terms of Service and are not subject to any of the warranties, service commitments, or other obligations with respect to Services hereunder. The availability of any third-party offerings through the Services does not imply WaiverKing's endorsement of or affiliation with the provider. WaiverKing does not control third-party offerings and will have no liability to you or Affiliates in connection with any third-party offerings. WaiverKing has no obligation to monitor or maintain third-party offerings and may disable or restrict access to any third-party offerings at any time. By using or enabling any third-party offerings, you are expressly permitting WaiverKing to disclose your personal information and data or other information to the extent necessary to utilize the third-party offerings. YOUR USE OF THIRD-PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS. AND POLICIES APPLICABLE TO SUCH THIRD-PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).

 

Additional terms specific to the procurement of Professional Services apply and are hereby incorporated by reference into these Terms of Service as if set forth fully herein. WaiverKing shall provide the services to you as described in a fully executed Statement of Work ("SOW") (the "Professional Services") in accordance with these Terms of Service. You agree that your purchase of Professional Services is not contingent on the delivery of any future service software functionality or features or on any oral or written public comments by us regarding future software functionality or features.

 

3. Access and Use. When using the Websites and Services, you agree to comply with all applicable U.S. federal, state, and local laws, regulations, statutes, regulations, and the like. The Websites and Services are protected by U.S. federal and state copyright and trademark laws. No portion of the materials on the Websites and Services may be reprinted, copied, republished, modified, used to create derivative works, publicly displayed, published, transmitted, distributed, or otherwise exploited in any form without the express written permission of WaiverKing and/or the respective owner of any third-party content. You shall keep intact and not remove, alter, cover, or distort any proprietary notices, including copyright or trademark notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

 

Restrictions on Use. You, and anyone that you have use the Websites and Services, will not: (1) submit any infringing, obscene, defamatory, threatening, or otherwise unlawful or tortious material to the Services, including material that violates privacy rights; (2) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (3) attempt to gain access to the Services or related systems or networks in a manner not permitted by these Terms of Service; (4) post, transmit, or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents, or programs; (5) restrict or inhibit any other person or entity from using the Services; (6) remove any copyright, trademark, or other proprietary rights notice from the Services; (7) frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service; (8) systematically download and store Services content; (9) use the Services to send unsolicited electronic messages (aka spamming); or (10) use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services.

 

WaiverKing grants you a limited right to use the Websites and Services on an authorized device. The Websites and Services may not be downloaded to or exported or re-exported to a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or to any prohibited or restricted country, person, end-user, or entity specified by federal or state laws. Additionally, you may not:

 

1. disable or otherwise interfere with the Websites' or Services' security-related features;
2. collect or harvest any personal information or data from the Websites and/ or Services (e.g., user names, passwords, mail addresses, etc.);
3. solicit other users to join or become members of any commercial service or organization without WaiverKing's prior written approval;
4. attempt to or interfere with, impair, or disable the proper working of the Websites or Services;
5. decompile, reverse engineer, disassemble, or modify any website or service source or object code, software, other products, services, or processes accessible through any portion of the Websites or Services;
6. make and/or distribute copies of the Websites or Services;
7. use network-monitoring software;
8. encourage conduct that violates any local, state, or federal law or impersonate another user, person, or entity;
9. use the Website and Service Content in a manner that suggests an association with any of WaiverKing's products, services, or brands; or
10. engage in any conduct that restricts or inhibits any other user from using or enjoying the Websites and/or Services.

 

Business Liability for Affiliates and End-Users. Business clients are responsible for all activity occurring under or relating to their account, including, but not limited to, their staff, employees, consultants, advisors, independent contractors, and End Users. Business clients will ensure that their Affiliates and End Users comply with relevant provisions of these Terms of Service, including any Supplemental Terms and acceptable use policies provided or made available by WaiverKing, and any applicable local, state, national, and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in these Terms of Service to "access" or "use" of Services (or similar phrase) is deemed to include access or use, as appropriate, by Affiliates and/or End Users, and any act or omission of an Affiliate or End User that does not comply with these Terms of Service will be deemed a breach of these Terms of Service by the business client. The business client is also responsible for ensuring that they have the appropriate rights to interact and/or contact End Users through the Services, as applicable, in accordance with applicable laws and regulations.

 

4. Fees and Payment. Unless otherwise stated on an order form, fees for the Services ("Subscription Fees") are set forth on the applicable Website(s). Unless otherwise specified, the Subscription Fees during a Renewal Term (defined below) will be updated to the pricing set forth on the applicable Website when each Renewal Term begins. If you have an order form, WaiverKing may increase any fees specified in an order form, provided the increase will not become effective until the subsequent Renewal Term. Prices are subject to change for those Services you have elected not to purchase or that are otherwise not identified in an order form. WaiverKing may also convert any free, trial, or beta Service into a Service subject to a Subscription Fee upon notice to you, and your rights to such Service will be suspended if you do not pay the Subscription Fee.

 

You agree to pay the Subscription Fees and any other applicable fees stated on an order form or otherwise specified in these Terms of Service. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION FEES FOR THE ENTIRE SUBSCRIPTION TERM. All payment obligations under this Agreement are non-cancelable and all fees paid are non-refundable. Unless otherwise stated on an order form, fees must be paid in advance of each billing period. You will provide WaiverKing with valid and updated credit card information or another form of payment acceptable to WaiverKing. If you provide credit card information, you represent that you are authorized to use the card and you authorize WaiverKing to charge the card for all payments hereunder. By submitting payment information, you authorize WaiverKing to provide that information to third-parties for purposes of facilitating payment. You agree to verify any information requested by WaiverKing for purposes of acknowledging or completing any payment.

 

If you believe a payment has been processed in error, you must provide written notice to WaiverKing within 30 days after the date of payment specifying the nature of the error and the amount in dispute ("Payment Error Notice"). If the Payment Error Notice is not received by WaiverKing within such 30 day period, the payment will be deemed final.

 

5. Intellectual Property Notice. Unless otherwise explicitly specified, the Websites, Services, and included content (and any derivative works or enhancements of the same), including, but not limited to, all layouts, texts, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, advertising copy, technology, documentation, interactive features, the compilation, assembly, and arrangement of the materials of the Websites and Services, and any and all copyrightable material (including source and object code) (collectively, the "Website and Service Content") and all intellectual property rights to the same are owned or controlled by WaiverKing, WaiverKing's licensors, or both. Additionally, all trademarks, service marks, trade names, trade identities, and trade dress that may appear on the Websites and Services are owned by WaiverKing, WaiverKing's licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title, or interest in the Websites, Services, or any Website and Service Content. Any rights or remedies not expressly granted in these Terms of Service are expressly reserved.

 

6. Confidential and Proprietary Information. WaiverKing does not want to receive confidential or proprietary information from you through the Websites or Services. Please note that any information or material sent to WaiverKing through the Websites or Services will be deemed NOT confidential. By sending WaiverKing any information or material, you grant WaiverKing an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that WaiverKing is free to use any ideas, concepts, know-how, or techniques that you send WaiverKing for any purpose.

 

7. User Content. WaiverKing may now or in the future permit Subscription Users to post, upload, display, publish, distribute, transmit through, broadcast, or otherwise make available on the Websites messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, posts, and/or other materials ("Subscription User Content").

 

By posting content to the Websites, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the content or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms of Service. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose.

 

You represent, warrant, and covenant that you will not submit any Subscription User Content that: (i) violates or infringes in any way the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right of any person or entity; (ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense or otherwise violate any law; (iv) is an advertisement for goods or services or a solicitation of funds; (v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, or addresses; (vi) contains a formula, instruction, or advice that could cause harm or injury; (vii) is a chain letter of any kind; (viii) depicts any third party trademarks or products or services in any manner that violates their rights or could otherwise create liability; or (ix) violates these Terms of Service.

 

By posting your Subscription User Content using the Websites or Services, you are granting an unrestricted, unlimited, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your Subscription User Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed by WaiverKing. You also grant other users permission to access your Subscription User Content and to use, copy, reproduce, disclose, sell, sublicense, lease, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform, display, and otherwise exploit your Subscription User Content for personal, non-commercial use as permitted by the functionality of the Websites and these Terms of Service. You agree that your Subscription User Content will be treated as non-confidential and non-proprietary as discussed above.

 

By submitting Subscription User Content, you also grant WaiverKing the right, but not the obligation to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your Subscription User Content. Notwithstanding the foregoing, you further warrant that all so-called moral rights in the Subscription User Content have been waived.

 

WaiverKing cautions you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.

 

WaiverKing has the right, but not the obligation, to monitor Subscription User Content. WaiverKing has no obligation to post, maintain, accept, display, exploit, or otherwise make use of Subscription User Content and does not guarantee distribution of Subscription User Content. Subscription User Content will not be returned, and you will not have the right, once posted, to access, archive, maintain, or otherwise use such Subscription User Content on the Websites. WaiverKing may discontinue operation of the Websites or your use of the Websites, in either case in whole or in part, in WaiverKing's sole discretion. WaiverKing may, in WaiverKing's sole discretion, delete, move, reformat, edit, alter, distort, remove, or refuse to exploit Subscription User Content without notice or liability; provided, however, that WaiverKing reserves the right to treat Subscription User Content on the Websites, or on certain portions of the Websites, as content stored at the direction of users for which WaiverKing will not exercise editorial control except to block or remove content that is obscene, lewd, violent, harassing, or otherwise objectionable or to enforce the rights of third parties.

 

8. Data Ownership. All right, title, and interest in any data or information collected by WaiverKing independently and without access to, reference to or use of any of your data, will be solely owned by WaiverKing (collectively, "WaiverKing Data").

 

You agree WaiverKing owns all Aggregated Data. You also agree that nothing in these Terms of Service will prohibit WaiverKing or its affiliates from utilizing Aggregated Data for any purpose, provided such Aggregated Data does not reveal any personally identifying information about you or is reasonably linkable to any End User or household.

 

WaiverKing's Privacy Policy governs how WaiverKing collects and uses personal information and data that is submitted through the Services. By accessing or using the Services, you agree that you have read and accept the WaiverKing Privacy Policy. Without limitation, you acknowledge and agree that WaiverKing may process your data for the purpose of providing the Services and related functions, such as billing and customer or End User support, as well as to send direct marketing communications, data science, and product or service improvement and reporting. You represent and warrant that you are authorized to process your data and make such data available to WaiverKing for uses as set out in these Terms of Service and the Privacy Policy, including through appropriate notice and consent by you referring all individuals using our Services to our Privacy Policy.

 

HIPAA. The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") imposes rules to protect certain personal health information or "PHI" as that term is defined under HIPAA. If you or any Affiliate is subject to HIPAA and providing or processing any PHI in connection with the Services, prior to accessing or using the Services you must notify WaiverKing and enter into a Business Associate Agreement ("BAA") in the form provided by WaiverKing. You are solely responsible for determining whether you or any Affiliates are subject to HIPAA.

 

9. Subscription User Registration. In order to access or use some (or potentially all) of the features of the Websites and Services, you may have to create an account and become a registered user. To become a registered user, you must provide true, accurate, current, and complete registration information about you as may be prompted by any registration forms and, if such information changes, you will promptly update the relevant registration information. During registration, you may be required to create a username and password (a "Membership"), which may permit you access to certain areas of the Websites not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership and for restricting access to your Computer so that others may not access any password protected portion of the Websites and Services using your username in whole or in part. If you register with WaiverKing, you agree to accept sole responsibility for all activities that occur under your Membership, whether or not you have authorized the activity. You agree you will not sell, transfer, or assign your Membership or any Membership rights. You agree to notify WaiverKing immediately at admin@waiverking.com of any breach of security or unauthorized use of your Membership. You may terminate your Membership at any time by sending an email to accounts@waiverking.com. WaiverKing reserves the right to terminate your account or otherwise deny you access to the Websites in WaiverKing's sole discretion for any or no reason without notice and without liability.

 

You are responsible for any costs or fees incurred or associated with your Membership, as are applicable. You will be notified of what fees or charges you may be liable for before incurring such costs or fees.

 

10. Children. Collecting personal information from children under the age of 13 (singularly a "Minor Child" and plural as "Minor Children") through the Websites and Services is prohibited. No Subscription User Content should be directed toward Minor Children. Minor Children, or anyone under the age of 13 years old, are not eligible to use the Websites and Services, and WaiverKing asks that they do not submit any personal information and data to WaiverKing.

 

To create an account with us through the Websites or Services, you must be over the age of sixteen (16). Children under the age of sixteen (16) will not be allowed to create an account or input their own personal information or data, as our system will not allow an account to be created for a user when the birthdate submitted by that user shows an age younger than sixteen (16) years old. Children under the age of sixteen (16) will need their parent or legal guardian to create an account and input personal information and data on their behalf; they may also require their parent or legal guardian to sign or consent to any waivers.

 

In the event that a parent or legal guardian voluntarily submits his, her, or their Minor Child or Minor Children's personal information and data through the Websites or Services, WaiverKing will create a profile linking the Minor Child dependent to the parent or legal guardian. Parents or legal guardians acknowledge that their Minor Child or Minor Children's personal information and data will therefore be collected and that all other provisions of this Terms of Service Agreement and any and all policies incorporated herein by reference apply to their Minor Child or Minor Children. WaiverKing is not responsible for the entry of a Minor Child's personal information and data.

 

11. Third-Party Websites. WaiverKing may provide third-party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products, and services, including advertisements and promotions (collectively, "Third-Party Content") as a service to those interested in this information. WaiverKing does not control, endorse, or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement, or adoption by WaiverKing of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. The Websites, all content and services provided on the Websites, and all information you obtain through the Websites and Services are provided on an "as is" and "as available" basis. WaiverKing makes no representations whatsoever about any Third-Party Content that you may access though the Websites or Service, or the Third-Party Content information you may obtain through the Websites or Services. When you access a non-WaiverKing website or are provided with information from a non-WaiverKing website, please understand that it is independent from WaiverKing, and that WaiverKing has no control over the content, accuracy, timeliness, or completeness of information on that website. In addition, a hyperlink to a non-WaiverKing website does not mean that WaiverKing endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You should refer to the separate terms of use, privacy policies, and other rules posted on non-WaiverKing websites before you use them. You agree not to create a link from any website, including any website controlled by you, to the Websites.

 

You acknowledge and agree that WaiverKing is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third-Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.

 

12. Warranty Disclaimer & General Disclaimers. THE WEBSITES AND SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WARRANTIES THAT THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, OR INFORMATION CONTENT ON THE WEBSITES OR ON THE SERVICES, WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVISED ON THE WEBSITES OR THROUGH THE SERVICES, WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED THROUGH USE, AND WARRANTIES THAT THE WEBSITES WILL BE SECURE OR ERROR-FREE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, WEBSITE-RELATED SERVICES, SERVICES, AND HYPERLINKED WEBSITES.

 

YOU UNDERSTAND THAT ALL SUBSCRIPTION USER CONTENT POSTED TO THE WEBSITES IS THE SOLE RESPONSIBILITY OF THE INDIVIDUAL WHO ORIGINALLY POSTED THE CONTENT. YOU UNDERSTAND, ALSO, THAT ALL OPINIONS EXPRESSED BY SUBSCRTION OR END USERS OF THE WEBSITES OR SERVICES ARE EXPRESSED STRICTLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS WAIVERKING, INC.'S REPRESENTATIVES OR ANY OF WAIVERKING, INC.'S SPONSORS OR PARTNERS. THE OPINIONS THAT YOU OR OTHERS POST ON THE WEBSITES OR SERVICES DO NOT NECESSARILY REFLECT WAIVERKING, INC.'S OPINIONS. IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE WEBSITE OR SERVICE CONTENT. UNDER NO CIRCUMSTANCE WILL WAIVERKING, INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY WEBSITE OR SERVICES CONTENT.

 

WAIVERKING, INC., AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (EVEN IF FORESEEABLE OR IF WAIVERKING, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THE SERVICES, THESE TERMS OF SERVICE, AND/OR WEBSITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITES OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, SERVICES, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

 

13. Indemnification. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Subscription User Content that you submit or Third-Party Content that is submitted on your behalf. You agree to indemnify and hold WaiverKing and its affiliated companies, and their directors, officers, employees, agents, and partners harmless from any and all claims or demands, including reasonable attorneys' fees and costs, that arise from or otherwise relate to (i) your access to or use of the Websites and/or Services; (ii) Subscription User Content provided by you, Third-Party Content, or through use of the Websites or Services; (iii) any actual or alleged violation or breach by you of these Terms of Service; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to WaiverKing; or (v) your acts or omissions. You agree to cooperate fully with WaiverKing in the defense of any claim that is the subject of your obligations hereunder.

 

14. Reporting Claims of Copyright Infringement. WaiverKing takes claims of copyright infringement seriously. WaiverKing will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites or Services infringe your copyright, you may request removal of those materials (or access to them) from the Websites or Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

 

• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites or Services, a representative list of such works;
• identification of the material you believe to be infringing in a sufficiently precise manner to allow WaiverKing to locate that material;
• adequate information by which WaiverKing can contact you (any website, including your name, postal address, telephone number and, if available, e-mail address);
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the written notice is accurate; and
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

WaiverKing's designated Copyright Agent to receive DMCA Notices is: copyright@waiverking.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Websites or Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Repeat Infringers. It is WaiverKing's policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

15. Choice of Law and Dispute Resolution. These Terms of Service are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules.

 

The parties agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, will be settled by final, confidential, and binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS and before a single neutral arbitrator mutually selected by the parties. The arbitration shall be conducted in the English language.

 

You and WaiverKing agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the exclusive jurisdiction of all federal and state courts in California. Venue will lie exclusively in Alameda County, California.

 

For the sake of clarity, nothing in this paragraph shall affect WaiverKing's ability to seek from a court injunctive or equitable relief at any time. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable.

 

16. Entire Agreement. These Terms of Service constitute the entire agreement between WaiverKing and you pertaining to the subject matter of this agreement. In its sole discretion, WaiverKing may modify these Terms of Service by posting the revised version on the Websites and you agree that each visit by you to the Websites is a new transaction governed by the Terms of Service linked on the Websites at that time. When using any of the Services following an update to the Terms of Service, you may be asked to confirm that you have received, read, and agreed to the updated Terms of Service; even without such explicit acknowledgment, your continued use after an update to the Terms of Service will constitute agreement to the Terms of Service.

 

Any delay or failure on the part of WaiverKing to exercise or enforce any rights under these Terms of Service to which WaiverKing may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section headings used herein are for convenience only and shall not be given any legal import.

 

Updated or additional terms will be effective immediately upon notice, either by posting on the Websites so that they are accessible via a link on the homepage, by notification by e-mail, or by a notification when signing into an account on the Services. It is your responsibility to review the Terms of Service and the Websites from time to time for any updated or additional terms.

 

If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Service will remain in effect.

 

You may not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, without WaiverKing's prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. WaiverKing may assign these Terms of Service or any rights hereunder without your consent and without notice.

 

17. No Unlawful or Prohibited Purpose. As a condition of your use of the Websites, you warrant to WaiverKing that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Service.