Effective date: July 12, 2021
and you ("User", "you" or "your"). This Agreement sets forth the general terms use of your use of the whatsnext.com website and any of its
products or services (collectively, "Website" or "Services").
2. Accounts and membership
You must be at least 16 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are
at least 16 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully
responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any
kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details
(which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged
automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
4. Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing,
availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law.
No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
5. Third-party services
of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without
limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against Pathwise Publishing, LLC with respect to such other services. Pathwise Publishing, LLC is not liable for any damage or loss
caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data
security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By
enabling any other services, you are expressly permitting Pathwise Publishing, LLC to disclose your data as necessary to facilitate the use or enablement of such other service.
6. Uptime guarantee
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1)
periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do
not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the
reliability of certain programming environments.
7. Links to other websites
Although this Website may be linked to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement,
or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products,
services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access
through a link from this Website. Your linking to any other off-site websites is at your own risk.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services
through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and
the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you
and any such third-party.
9. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse,
insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any
way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
10. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Pathwise Publishing, LLC or third-parties, and all rights, titles, and interests
in and to such property will remain (as between the parties) solely with Pathwise Publishing, LLC. All trademarks, service marks, graphics and logos used in
connection with our Website or Services, are trademarks or registered trademarks of Pathwise Publishing, LLC or Pathwise Publishing, LLC licensors. Other trademarks,
service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and
Services grants you no right or license to reproduce or otherwise use any Pathwise Publishing, LLC or third-party trademarks.
11. Disclaimer of warranty
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as
available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service
will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to
the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any
material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not expressly made herein.
12. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Pathwise Publishing, LLC, its affiliates, officers, directors, employees, agents, suppliers or
licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages
for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise,
even if Pathwise Publishing, LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted
by applicable law, the aggregate liability of Pathwise Publishing, LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to
the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Pathwise Publishing, LLC for the prior one month
period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate
you for any losses or fails of its essential purpose.
You agree to indemnify and hold Pathwise Publishing, LLC and its affiliates, directors, officers, employees, and agents harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations,
claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services
or any willful misconduct on your part.
14. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural
laws of Colorado, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Colorado, United States,
and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or
related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version
of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes
shall constitute your consent to such changes.
16. Acceptance of these terms
this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.