Terms of Use

Last updated: July 12, 2018

Welcome to www.walletero.com. Please read these Terms of Use (the “Terms”, “Terms of Use” or “Agreement”) carefully before using the www.www.walletero.com website (the “Service” or the “Site”) owned, operated and controlled by Digital Bookmark, LLC (“Walletero”, “us”, “we” or “our”). You agree that by using the Service you represent that you are at least 18 years old and that you are legally able to enter into this Agreement. This Agreement is a legal contract between you (“you” or “your”) and Walletero concerning your use of the Service from which you are accessing these Terms.

Your access to and use of the Service is expressly conditioned on your acceptance of and compliance with these Terms and with our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you must immediately cease accessing or otherwise using the Service.

Changes to Terms

Walletero reserves the right at its sole discretion, to amend, change, add or remove portions of these Terms and of our Privacy Policy, at any time or to change or terminate the Service at any time, for any reason and without notice. It is your responsibility to review these Terms of Use and our Privacy Policy from time to time for any changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Walletero grants you a personal, non-exclusive, non-transferable, limited privilege, revocable license to access and use the Service.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Walletero. Our Site as a whole is protected by copyright and trade dress. Nothing on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Site, without the prior written permission of the Intellectual Property owner. The names and logos of Walletero may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site without prior, written permission from Walletero. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Walletero.

Walletero prohibits use of any logo of Walletero as part of a link to or from any website unless Walletero approves such link in advance and in writing. Fair use of Walletero’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Site may be the Intellectual Property of their respective owners.

If you believe that any material on the Site has been copied in a way that constitutes copyright infringement, please contact us at [email protected]

Third Party Website Links

Our Site contains links to Websites owned or operated by parties other than Walletero. Walletero does not monitor or control outside Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Walletero’s inclusion of links to an outside website does not imply any endorsement of the material on our Site. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Site. Walletero disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you warrant to Walletero that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

U.S. Resident

You represent that you are a United States resident.

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Walletero confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New York, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

No Warranties; Exclusion of Liability; Indemnification

OUR WEBSITE IS OPERATED BY WALLETERO ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WALLETERO SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR SITE. WALLETERO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR SITE. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER WALLETERO OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE DELAY OR INABILITY TO USE OUR SITE OR OTHERWISE ARISING IN CONNECTION WITH OUR SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL WALLETERO’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO WALLETERO FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, WALLETERO’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, WALLETERO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WALLETERO MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR SITE OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

Indemnity

You agree to defend, indemnify, and hold Walletero, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

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