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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THE TERMS CONSTITUTE AN AGREEMENT BETWEEN THE WHIZ AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT USE THE SITE OR ANY OF THE WHIZ.

Terms of Use

Version Date: Nov. 19, 2015

Welcome to www.thewhizmarketing.com, operated by The Whiz Ltd. ("The Whiz", "we" o. You agree to The Whiz's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular The Whiz Services (as defined below), you shall be subject to any posted guidelines applicable to such services, and any other terms or conditions applicable to The Whiz Services provided r "us"). By using the services offered on or through www.thewhizmarketing.com ("Site", "Website"), you are agreeing to the terms and conditions listed below (the "Terms of Use", "Terms"). You can always check out the most current version of these Terms at this page.

In addition to these Terms, your use of the Site and/or The Whiz Services is governed by our Privacy Policy by or in conjunction with any of The Whiz's content and service partners. Please check the Site periodically for changes. Your continued access to the Site and/or use of any of The Whiz Services following the posting of changes to these Terms constitutes your acceptance of the revised Terms of Use.

OVERVIEW

The Whiz Site is an informational website providing information about The Whiz and its brands and businesses. It is also a venue for trying out The Whiz products and services, and reading about the latest news and developments of The Whiz (collectively, the "The Whiz Services"). The Whiz Services may be offered by The Whiz itself, or by a third party partner/service provider. Unless stated otherwise, these Terms of Use apply to all The Whiz Services found on the Site, including those currently offered, as well as any new products or services that we may add in the future

GENERAL TERMS OF USE AND RESTRICTIONS ON USE OF MATERIALS

You may access the Site, and use the services for personal, non-commercial purposes. By accessing or otherwise using the Site and/or The Whiz Services, you are acknowledging and agreeing that you have read, understand, and agree to be legally bound and to abide by these Terms of Use, just as if you had signed a written agreement. If you do not comply with the Terms of Use at any time, The Whiz reserves the right to terminate your access to all or some of the services. The Whiz may discontinue or alter any aspect of the services, including, but not limited to, (i) restricting the time the services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Site, at The Whiz's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Site s through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Site. You further certify that you are an individual and that you are 13 or older.

THE WHIZ PRIVACY POLICY

Pursuant to The Whiz's privacy policy, we may disclose to third parties certain information contained in your data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Site. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Service. For more information, please see our full Privacy Policy.

COPYRIGHT AND COPYRIGHT NOTICES

You acknowledge that the Site and The Whiz software contain information, software, photos, videos, text, graphics, music, sounds or other material (collectively, "Content") hat are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All of The Whiz generated content and content provided to The Whiz by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright. All other trademarks appearing on the Site or The Whiz are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by The Whiz, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by The Whiz. The Whiz does not transfer title to the Software to you. You may not redistribute, sell, export, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. The Whiz respects the intellectual property of others, and we ask our users to do the same. The Whiz may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others

EXTERNAL WEBSITES

There are a number of places on the Site where you may click on a link to access other websites that do not operate under these Terms of uSE, including third party websites and even other websites operated by The Whiz, but which are governed by separate terms of Use, end user license agreements and/or privacy policies. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting. Further, third party-owned sites and resources are not controlled by The Whiz, and the mere existence of the link on the The Whiz Site does not imply an endorsement by The Whiz . Your use of external sites or resources is at your own risk.

DISCLAIMER

The Whiz and its service providers utilize diligent efforts to maintain the Site and The Whiz Services, but The Whiz and its service providers are not responsible for any defects or failures associated with the Site Services, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, The Whiz and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of The Whiz Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using The Whiz Services may locate unintended and objectionable content.

DISCLAIMERS OF WARRANTIES:

THE WHIZ SERVICES AND THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. THE WHIZ EXPRESSLY DISCLAIMS ANY AND 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.

WITHOUT LIMITATION, THE WHIZ MAKES NO WARRANTY THAT THE WHIZ SITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WHIZ SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WHIZ SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WHIZ SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE WHIZE PERSONNEL OR THROUGH THE SITE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WHIZ LTD. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WHIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE WHIZ SERVICES. IN NO EVENT SHALL THE WHIZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WHIZ SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TO THE WHIZ, LTD., ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE SITE OR THE WHIZ SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY THE WHIZ OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

TERMINATION AND MODIFICATION

You agree that The Whiz, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Submissions or other content within the Site, for any reason, including, without limitation, for lack of use or if The Whiz believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. The Whiz may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that The Whiz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that The Whiz shall not be liable to you or any third-party for any termination of your access to the Site and services provided by The Whiz.

The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.

MISCELLANEOUS TERMS

These Terms of Use (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and The Whiz relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Use will inure to the benefit of The Whiz's successors, assigns and licensees.

These Terms of Use (and any further policies or documents incorporated by reference herein) constitute the entire understanding between The Whiz and users of the Site and The Whiz Services concerning the subject matter hereof and may not be modified except by revised Terms of Use posted by The Whiz. These Terms of Use, which may be modified or amended by The Whiz from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Use will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.

No failure or delay by The Whiz in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

These Terms of Use are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without The Whiz's prior written consent.

Notices shall be delivered to You at Your address on record with The Whiz. You may provide notices to The Whiz via email to support@thewhizltd.com or by writing to notice@thewhizltd.com

END OF DOCUMENT.

© 2017 The Whiz, Ltd. All rights reserved.

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