Terms of Use
Last Modified: May 18, 2021
Introduction
WiserBrand welcome you (“You”, “User(s)”) to use our website www.WiserBrand.com (the “Wiserbrand”, “WB”, “Site”, “We”, “Us”, “Our”), operated by Relevant Research, Inc., a full-service digital marketing agency. We are located in New York, NY. Mailing address is:
Relevant Research, Inc.
1120 Avenue of Americas, 4th floor
New York, NY 10036
Acceptance of the Terms
By accessing or using the Site or Our services (the “Services”), You acknowledge that You have read and understood these Terms of Use, including the terms of Our Privacy Policy (collectively, the “Terms”), and You agree to be bound by them and to comply with all applicable laws and regulations regarding Your use of the Site and/or the Services, and You acknowledge that the Terms constitute a binding and enforceable legal agreement (“Agreement”) between You and Us. Through the use of this Agreement, We are placing legal conditions on Your use of the Site and the Services and making certain promises to You. Please read the Agreement carefully prior to using the Site and/or the Services.
You agree to be bound by the terms and conditions of this Agreement (the “Terms”). You must agree to all of the Terms in this Agreement. If You do not agree to the Terms, You are not permitted to use the Site and the Services. If You do not understand all of the terms in this Agreement, then You may wish to consult with an attorney before using the Services.
We reserve the right, at Our sole discretion, to change, modify, add the Terms or portions of the Terms or remove portions of the Terms, at any time. You are responsible for checking the Terms for changes. Your continued use of the Site and/or the Services following the posting of changes shall mean that You accept and agree to the changes. Persons who are under 14 years old may not use either the Site or the Services in any manner. If You use or engage with the Site or the Services and are between the ages of fourteen (14) and eighteen (18) years of age, You must have Your parent’s or legal guardian’s permission to do so.
Violation of the Terms
We reserve the right, at Our sole discretion, and without prior notice, to terminate Your access to the Site, or exercise any other remedy available, if We believe that You violated any of these Terms.
Permitted Use
This Site may not be used by You for any commercial purposes whatsoever. We grant You a limited, revocable, nonexclusive license to access the Services for Your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Us. In order to make any derivative use of the Services or any content made available via the Services for other purposes (including commercial purposes) not stated herein, You must first obtain a license from Us.
A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Our robots.txt file. “General purpose internet search engine” does not include a website or a search engine or other services that specialize in search optimization or social media monitoring.
Use of the Services beyond the scope of authorized access granted to You by Us immediately terminates said permission or license.
Limited License
You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Site pursuant to the requirements and restrictions of the Terms and the Agreement. We may change, suspend, or discontinue any aspect of the Site at any time. We may also, without notice or liability, impose limits on certain features and services or restrict Your access to all or portions of the Site. Except as provided in these Terms of Use, You shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.
Intellectual Property and Copyright
You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Us. You may only use the Site or its contents as expressly permitted in this Agreement and for no other purpose. We retain exclusive ownership of all data, material and other information regarding Your use of the Site. Except as We may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by Us. The use or misuse of any of these materials is strictly prohibited.
We will terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.
No Third-Party Beneficiaries
If You are not a signatory to the Agreement, then You enjoy no benefits under it. Therefore, You have no standing to complain if You believe that We are in violation of the Terms. If You would like to claim any benefit under the Agreement, You may contact Us to negotiate an agreement that will give You that right. Please use Our Contact form to engage in discussions that may lead to such a separate agreement. In the absence of such an agreement, You should be advised that no third party has any rights under this Agreement or under this paragraph.
Indemnification
You will defend, indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claims, demands, losses, costs, liabilities and expenses (including, but not limited to reasonable attorneys’ fees) relating to or arising out of Your use of the Site, including, but not limited to, any breach by You of the Terms of the Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity. You agree to cooperate as fully as reasonably required in the defense of any such claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, provided that You shall remain liable for any such claim.
Disclaimer of Warranty
We provide the Services on an “as is” basis and grant no warranties of any kind, express, implied, statutory, in connection with the Site or the Services, or in connection with any communication with Us or Our representatives, or otherwise with respect to the Site. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site’s connection to the Internet will be secure, uninterrupted, always available, or error-free, or will meet Your requirements, or that any defects in the Site will be corrected.
Limitation of Liability
In no event shall We be liable to any party for any damages, including, but not limited to any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to damages for loss of business profits, business interruption, loss of programs or information or loss of profits) or any other damages arising in any way out of the availability, use, reliance on, inability to utilize or improper use of the Services, even if We have been advised of the possibility of such damages, and regardless of the form of action or omission of action, whether in contract, tort, or otherwise.
State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to You.
International Use
By choosing to access the Site from any location other than the United States, You accept full responsibility for compliance with all local laws that are applicable. We make no representation that materials on the Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.
General Provisions
You agree that New York law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of New York, and that You submit to the exclusive jurisdiction of the federal and state courts in the State of New York in connection with the Site or this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.