Terms of Use
Walibu Terms of Service
Walibu, Inc. & WaveMAX Laundry Terms of Use
(Last Updated October 2, 2021)
IMPORTANT – PLEASE READ THIS ‘TERMS OF USE’ (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO USE THE SOFTWARE AND SERVICE MADE AVAILABLE THROUGHOUT THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “you”), AND Walibu, Inc (“Walibu” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO TERMS OF USE” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE TERMS OF USE” BOX AND/OR BY USING THE SOFTWARE MADE AVAILABLE BY WALIBU THROUGH THIS WEBSITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Walibu may at any time revise these terms by updating this posting. By using this service, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
FEES
By use of the software and or checking the agree box, you agree to pay all setup and recurring fees associated with your service through and or associated with Walibu. Accounts are required to have an active payment method on file. Payment methods can be in the form of credit card, check or cash for the setup, monthly fees require credit card payment.
Introduction
The software behind this admin and any corresponding website or digital marketing is Walibu’s proprietary website development and administration software product, Bumbrella, LLC. developed through ASP.net and multiple other server software are Walibu’s proprietary software development tools that can be used to assist in the website development process. This agreement sets forth the terms and conditions of your use of Walibu’s online Control Panel (collectively, the “Service”). Article I of the Agreement sets forth the terms and conditions on which you may use the Service provided through this website.
ARTICLE I Terms of Service
General Conditions
1.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
1.2 Walibu may, but has no obligation to, remove content and accounts containing content that Walibu determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
1.3 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
1.4 If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Walibu.) of other Walibu customers, Walibu reserves the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
Limitations of Use of Service
1.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Walibu, or any other Walibu service.
1.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission from Walibu.
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
Warranty
Walibu does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. To the fullest extent permitted under applicable law, Walibu disclaims all warranties with respect to the Service, express or implied. Including without limitation the implied warranties of title, non-infringement, merchantability and fitness for particular purpose.
Support
Walibu will provide an initial response (but not necessarily a resolution) to each support inquiry within seventy-two (72) business day hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible.
Product Discontinuance
Walibu reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software.
No Warranties
THE SOFTWARE IS LICENSED TO YOU “AS IS” WITH ALL FAULTS, AND YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. WALIBU DOES NOT WARRANT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE AT ALL TIMES AND IN ALL CIRCUMSTANCES, NOR THAT PROGRAM ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WALIBU DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE II General Terms
The terms and conditions of this Article III are applicable to this entire Agreement.
Intellectual Property
The Software is licensed, not sold. All title and ownership rights in and to the Software and Service (including but not limited to any images, photographs, animations, video, audio, music, text), the intellectual property embodied in the Software and/or Service, and any trademarks or service marks of Walibu that are used in connection with the Software and/or Service are and shall at all time remain exclusively owned by Walibu and its licensors. Any and all rights in the Software and/or Service not expressly granted to you hereunder are reserved in all respects by Walibu.
Term and Termination
2.1 Term. The Service and the Trial License granted, if any, hereunder shall last for the shorter of (i) fifteen (15) days after you use a license key provided by Walibu to access the Software, and (ii) as long as you use the Software in compliance with the terms set forth herein.
2.2 Termination. Walibu shall have the right to terminate this Agreement, the Service and the Trial License granted hereunder immediately. Upon termination or expiration of this Agreement for any reason the Trial License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software.
2.3 Nondisparagement. User agrees not to make any oral or written disparaging statements (including through social media) concerning the Company or any of its affiliates or current or former officers, directors, shareholders, employees, or agents. User further agrees not to take any actions or conduct themself in any way that would reasonably be expected to affect adversely the reputation or goodwill of Company or any of its affiliates or any of its current or former officers, members, directors, shareholders, employees, or agents.
Indemnity
You agree to indemnify, hold harmless, and defend Walibu from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from the use of Your Integrated Product.
This indemnification shall extend to Walibu., its officers, shareholders, principals, agents, directors, partners, employees, subsidiaries, parent company, successors and assigns, from and against any and all claims, demands, damages, actions or causes of action of every kind and nature, whether known or unknown, arising out of the relationship between Walibu. and you in entering into this agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Walibu be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software or otherwise relating to this Agreement, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Walibu’s entire liability in connection with your use of the Software under this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Walibu for the software giving rise to such damages, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so this exclusion and limitation may not be applicable. Walibu and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, or for liability arising from use of the software or website.
Governing Law
This Agreement and the licenses granted hereunder will be governed by the law of the state of California, U.S.A., without regard to the conflict of laws principles thereof. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Walibu’s prior written consent.
Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof, and may only be amended by a written agreement between the parties.
No Waiver
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
No Use By .NET Component Vendors
Individuals and companies that are .NET component vendors are not allowed to use the Software or Service without the express permission of Walibu. If you or the company you represent is a .NET component vendor, you may not purchase a license for or use the Software unless you contact Walibu directly and obtain permission.
Survival
This Article III, all provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any terms that expressly state that they shall survive termination or expiration, shall survive termination or expiration of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OR USE OF THE SOFTWARE, OR BY LOADING OR RUNNING THE SOFTWARE IN ANY WAY YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN WALIBU AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
ARTICLE III
DEVELOPER PUBLICITY
5.1 Listing In Roster of Developer Customers. Following completion of the Web Site and final acceptance by the Customer, Developer shall be permitted to list the Customer and the Customer’s Web Site on Developer’s Web Site and in any of its marketing and advertising as having been developed by the Developer. The material included on Developer’s Web Site shall include a hypertext link to the Customer’s Web Site. Customer shall have full discretion as to the form and content of such acknowledgement and the appearance of any link.
5.2 Developer Credit On Web Site. Following completion of the Web Site and final acceptance by the Customer, Customer shall include a credit to the Developer on the footer (lower portion below the main body of the site) of the Web Site for the period of time that the Web Site created by the Developer is used by Customer. The credit to the Developer shall be designed and placed on the footer by the Developer but shall be in form and substance that is reasonably acceptable to the Customer. The credit shall also include a hypertext link to the Developer’s Web Site.
5.3 Limited Trademark License. The parties hereby give each other a non-exclusive license to utilize the trademark of the other party, in form reasonably acceptable to the trademark owner, for the purposes and time period set forth in Section 5.1 and 5.2 hereof.
5.4 Arbitration. Except as specifically provided in this Agreement, the parties agree that any dispute or controversy arising out of, relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be submitted to binding arbitration to be held in El Dorado County, a county located in California, in accordance with the rules of the American Arbitration Association (the "Rules"). The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court of competent jurisdiction. The parties shall each bear their own attorney fees with respect to such Arbitration but shall share equally the other costs and expenses of arbitration.
5.5 In interpreting the terms of this Agreement, the parties agree that the laws of the State of California shall be applicable. All suits permitted to be brought in any court shall be venued in El Dorado County, State of California.
