Terms of Service
DevelopmentWisdom.org (“DevWisdom”) and its related services (“Service”) are subject to your compliance with the terms and conditions (“Terms of Service”) set forth below.
Introduction
Please read these Terms of Service carefully before using Development Wisdom’s services and information, offered by DevelopmentWisdom Inc. This Agreement sets forth the legally binding terms and conditions for use of the Service, the Site, and any other websites or services provided by DevelopmentWisdom Inc.
Acceptance of Terms
By using the Development Wisdom Service in any manner You agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity, its affiliates, and all users who access the Development Wisdom Service through Your account to these Terms of Service.
Definitions
The following capitalized terms, when used in this Agreement, have the following meanings:
Privacy Statement
We are committed to protecting your privacy. Authorized personnel within the company on a need to know basis shall only use any information collected from Users. We constantly review our systems and data to ensure the best possible service to our Users. For further details relating to Privacy, please refer our Privacy Policy.
Account Terms
You must be legal age in your geographic area to form a binding contract to use this Service.
You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account.
DevWisdom will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
DevWisdom may communicate with you via email regarding your account, system updates, or other issues related to your account. Please add DevWisdom to your database of trusted email providers.
DevWisdom may refuse service to anyone for any reason at any time, unless prohibited by the terms and conditions of a funder or government grant and/or contract.
Payment and Access
We will charge you a standard fee based on your account plan. Annual subscriptions are payable in monthly installments or in one (1) lump sum. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open.
Should you upgrade or downgrade your account plan, your credit card will be charged for your new billing rate immediately. At the time of upgrade/downgrade the current plan charges will be applicable on a pro-rated basis for the days of usage. Your credit card will then be charged for your new billing rate every 30 days thereafter unless you cancel your account. If you have purchased an annual subscription, the fees will apply until the full balance of the subscription is paid to us.
It is your responsibility to ensure that your credit card number and expiry date is up to date. Otherwise, you will risk account termination and setup and/or additional fees to reinstate your account.
Payment Platforms
DevWisdom uses various 3rd party payment platforms including PayPal, ChargeBee, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your DevWisdom account.
By using DevWisdom, and agreeing to the DevWisdom Terms of Service, You also agree to be bound by PayPal and/or Stripe’s Terms of Service.
You expressly understand and agree that DevWisdom shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that DevWisdom shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. DevWisdom is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that DevWisdom uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold DevWisdom liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your DevWisdom account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your DevWisdom account.
Modifications to the Service and Fees
We shall ensure that at all points of time the standard of the Service remains high and maintains its the continuity. However the internet medium is not an inherently stable medium and errors, omissions, interruptions of service and delays may occur at any time. We are not liable for any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to offer this Service (or any particular part of it). We may also vary the specification of the services from time to time without notice.
The information, materials, services and products included with the Service may include inaccuracies or typographical errors. We may make changes or improvements to the Service at any time. We do not warrant that the Service will operate error-free or that our web sites and its server are free of viruses or other harmful mechanisms. If use of the Service results in the need for servicing or replacing equipment or data, by any user, we will not be responsible for those costs. Our Services are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including without prejudice to the foregoing, any in respect of merchantability, infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability completeness or timeliness of the contents, services, software, text, graphics and links.
DevWisdom reserves the right to modify, suspend, or discontinue the Service at any time for any reason with a notice period of 60 days.
DevWisdom reserves the right to change our monthly fees upon 30-days notice from us. Fee change notices may be posted to the Service or on the DevWisdom website: www.developmentwisdom.org For existing contracts for which fees have been already paid to, and received by Development Wisdom, the price revision would be implemented only during the next renewal.
Modification of Terms of Service
DevWisdom reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. DevWisdom may also impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability. You are responsible to check these Terms of Service periodically for changes, and Your continued use of the Service after the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Conduct of Users
You or your authorized users agree not to use our Services to:
This website may contain material which is owned by or licensed to us. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
It is also your responsibility to ensure that your payment information including credit card number and expiry date is up to date. Otherwise, you will risk account termination and setup and/or additional fees to reinstate your account.
Cancellation and TerminationYou alone are responsible for the proper cancellation of your account. Cancellation requests should be sent through our Contact Page, http://developmentwisdom.weebly.com/contact.html and should include the name and e-mail address on your account.
You can cancel at any time, but you will remain liable for all charges accrued up to the designated term available when you first purchased the service (i.e., 12 months - for an annual subscription).
DevWisdom reserves the right to
Upon termination of this Terms of Use, the User shall be liable to make payments for use of our Website up to the date of termination. All clauses which by their nature shall survive any termination shall survive the termination of these Terms of Use.
Copyright and Ownership
DevWisdom or its suppliers own the intellectual property rights to any and all protectable components of the Service, including, but not limited to, the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, share, reverse engineer, decompile, or dis-assemble any aspect of the Service which DevWisdom or its suppliers own.
DevWisdom claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
Your License
DevWisdom grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds You so receive. The Service includes our website, any software, programs, documentation, tools, internet-based Services, components, and any updates (including software maintenance, Service information, help content, bug fixes or maintenance releases) thereto provided to You by DevWisdom.
Ownership
The Service is LICENSED and not sold. We reserve all rights not expressly granted to You in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant You any rights to our trademarks or Service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Content Ownership & Copyright
The Service itself, including the use of the DevWisdom name, logos, domain names and other distinctive brand features are protected by copyright and other laws. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements.
You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant DevWisdom a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).
Transaction History
Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your DevWisdom Account, Your Stripe Account, Your Transaction History in either Service (DevWisdom or Stripe) and Your use of the DevWisdom Service.
Term
The Agreement is effective upon the date You agree to it (by electronically indicating acceptance) and continues so long as You use the Service; are Contractually-Obligated to pay for the Service; OR until terminated by DevWisdom.
Termination
You may terminate this Agreement by closing Your DevWisdom Account. Financial payments to DevWisdom survive the termination of this Agreement (i.e., purchase of an annual subscription, paid by monthly installment.). We may terminate this Agreement and close Your Account at any time for any reason stipulated explicitly or implicitly in these Terms of Service.
Support Services and Upgrades
DevWisdom services may include certain third party components and support services. Users shall adhere to the terms and conditions of such third party providers, where clearly indicated, in addition to the terms of service of DevWisdom. DevWisdom liability is limited to the data stored in its own servers and does not extend coverage to the third party components and services.
Planned Downtimes
DevWisdom relies on 3rd parties to deliver a highly secure service to the Users. From time to time, the 3rd party upgrades the relevant hardware and software components associated to deliver a highly secure service to the Users. In the event of such modifications, DevWisdom will plan for scheduled downtimes of its services and notify Users accordingly. The notifications will be through emails and dashboard URL.
Security
DevWisdom maintains commercially reasonable administrative, technical and physical procedures to protect Your information from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk. We recommend You review our Privacy Policy, which will help You understand how we collect, use and safeguard the information You provide to us.
General Conditions
Your use of the Service, including any content, information or functionality contained within it, is provided “AS IS” and “AS AVAILABLE” with NO representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
You agree not to share, resell, duplicate, reproduce or exploit any part of the Service without the express written permission of DevWisdom.
You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the Internet.
You may not use the Service to transmit any viruses, worms, or malicious content.
DevWisdom makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free and (iv) and any Service Level Agreement that omissions, bugs or errors in the Service will be corrected within a stipulated time.
DevWisdom its affiliates, partners and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service. You are contractually obligated to complete and pay in full, the agreed-upon term when you originally signed up for the Service (i.e., 12 months for an annual subscription)
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The failure of DevWisdom to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and DevWisdom as to the Service and supersedes any prior agreements between you and DevWisdom (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to us via the Contact Form: http://developmentwisdom.weebly.com/contact.html
No Agency
You agree that Development Wisdom is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement. In addition, Mentor Consultants are not employees or contractors to Development Wisdom.
Force Majeure
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities and obligations under Section 10, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.
NO WARRANTY
DEVWISDOM AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS (INCLUDING MENTOR-CONSULTANTS) PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DEVWISDOM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE, OR STATE TO STATE.
Liability LimitIN NO EVENT SHALL DEVWISDOM, AND (AS APPLICABLE) DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS (INCLUDING MENTOR-CONSULTANTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. DEVWISDOM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS (INCLUDING MENTOR-CONSULANTS), TO ANY USER, CLIENT NONPROFIT, OR THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY THE CLAIMANT TO DEVWISDOM’S IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) $100. SOME PROVINCES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold DevWisdom and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, employees and suppliers (including mentor-consultants), harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.
NO GUARANTEE
DevWisdom does not guarantee continuous, uninterrupted access to the Service, and operation of the Service. At any time the Service may be interfered with by numerous factors inside and outside DevWisdom’s control. DevWisdom does not guarantee the performance and/or advice provided by mentor-consultants.
If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.
Waiver
Nothing in this Terms and Conditions shall be construed as a waiver of any proceeding or succeeding breach of any provision and failure to comply with any provision of this Agreement shall not be deemed a waiver of such provision or any other provision of this Agreement.
Severability
In the event that a court of competent jurisdiction holds any provision of this Terms and Conditions to be invalid, such holding shall have no effect on the remaining provisions of this Terms and Conditions and they shall continue in full force and effect.
Entire Agreement
This Terms of Service (which also include Terms and Conditions) contained herein shall be the agreement between us. DevWisdom may revise the Terms of Service at anytime by updating this section. You are advised to visit this page periodically to review the Terms and Conditions.
Governing Law
These TOS shall be governed by the laws of the Province of Ontario without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the provincial courts of Ontario and Government of Canada for the purpose of resolving any dispute relating to Your access to or use of the Service.
Changes to our Terms of Service
If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date below.
Last updated: January 18, 2015
Contact Information
If you have any questions about these Terms of Use, or if you want to contact DevWisdom for any reason, please direct all correspondence to: DevelopmentWisdom Inc., 47 Thornbury Crescent, Ottawa, Ontario K2G 6C5 CANADA or email http://developmentwisdom.weebly.com/contact.html
Please read these Terms of Service carefully before using Development Wisdom’s services and information, offered by DevelopmentWisdom Inc. This Agreement sets forth the legally binding terms and conditions for use of the Service, the Site, and any other websites or services provided by DevelopmentWisdom Inc.
Acceptance of Terms
By using the Development Wisdom Service in any manner You agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
If You are entering into this agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity, its affiliates, and all users who access the Development Wisdom Service through Your account to these Terms of Service.
Definitions
The following capitalized terms, when used in this Agreement, have the following meanings:
- “Agreement” or “Terms of Service” means this document, titled “DevWisdom Terms of Service which also includes “Terms and Conditions”;
- “You”, “User”, or “Customer” mean any business, person or organization that has accepted these Terms of Service for the purpose of using the Service.
- “Service” means, but is not limited to mean, the Service described on the DevWisdom marketing site.
- “Development Wisdom” or “DevelopmentWisdom” or “DevWisdom” or “DW” means DevelopmentWisdom Inc., a federally-registered nonprofit corporation organized under the laws of Canada.
- “Payment Platform” means the 3rd party gateway to invoice, collect and process payments online (i.e, PayPal, Stripe)
- “Account” means the business relationship established between You and DevWisdom upon Your acceptance of these Terms of Service.
- “Site” refers to the website hosted at domain http://www.developmentwisdom.org and all associated subdomains.
- "Privacy Policy” means the DevWisdom Privacy Policy described at http://developmentwisdom.weebly.com/privacy.html
Privacy Statement
We are committed to protecting your privacy. Authorized personnel within the company on a need to know basis shall only use any information collected from Users. We constantly review our systems and data to ensure the best possible service to our Users. For further details relating to Privacy, please refer our Privacy Policy.
Account Terms
You must be legal age in your geographic area to form a binding contract to use this Service.
You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
You are responsible for maintaining the privacy and security of your account.
DevWisdom will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
DevWisdom may communicate with you via email regarding your account, system updates, or other issues related to your account. Please add DevWisdom to your database of trusted email providers.
DevWisdom may refuse service to anyone for any reason at any time, unless prohibited by the terms and conditions of a funder or government grant and/or contract.
Payment and Access
We will charge you a standard fee based on your account plan. Annual subscriptions are payable in monthly installments or in one (1) lump sum. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open.
Should you upgrade or downgrade your account plan, your credit card will be charged for your new billing rate immediately. At the time of upgrade/downgrade the current plan charges will be applicable on a pro-rated basis for the days of usage. Your credit card will then be charged for your new billing rate every 30 days thereafter unless you cancel your account. If you have purchased an annual subscription, the fees will apply until the full balance of the subscription is paid to us.
It is your responsibility to ensure that your credit card number and expiry date is up to date. Otherwise, you will risk account termination and setup and/or additional fees to reinstate your account.
Payment Platforms
DevWisdom uses various 3rd party payment platforms including PayPal, ChargeBee, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your DevWisdom account.
By using DevWisdom, and agreeing to the DevWisdom Terms of Service, You also agree to be bound by PayPal and/or Stripe’s Terms of Service.
You expressly understand and agree that DevWisdom shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that DevWisdom shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. DevWisdom is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.
You understand that DevWisdom uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold DevWisdom liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your DevWisdom account, or Your business.
You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your DevWisdom account.
Modifications to the Service and Fees
We shall ensure that at all points of time the standard of the Service remains high and maintains its the continuity. However the internet medium is not an inherently stable medium and errors, omissions, interruptions of service and delays may occur at any time. We are not liable for any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to offer this Service (or any particular part of it). We may also vary the specification of the services from time to time without notice.
The information, materials, services and products included with the Service may include inaccuracies or typographical errors. We may make changes or improvements to the Service at any time. We do not warrant that the Service will operate error-free or that our web sites and its server are free of viruses or other harmful mechanisms. If use of the Service results in the need for servicing or replacing equipment or data, by any user, we will not be responsible for those costs. Our Services are provided on an “as is” basis without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, including without prejudice to the foregoing, any in respect of merchantability, infringement of third party rights, fitness for particular purpose, or about the accuracy, reliability completeness or timeliness of the contents, services, software, text, graphics and links.
DevWisdom reserves the right to modify, suspend, or discontinue the Service at any time for any reason with a notice period of 60 days.
DevWisdom reserves the right to change our monthly fees upon 30-days notice from us. Fee change notices may be posted to the Service or on the DevWisdom website: www.developmentwisdom.org For existing contracts for which fees have been already paid to, and received by Development Wisdom, the price revision would be implemented only during the next renewal.
Modification of Terms of Service
DevWisdom reserves the right, acting in its sole discretion, to modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending an email to You. DevWisdom may also impose limits on certain features and Services or restrict Your access to parts or all of the Service without notice or liability. You are responsible to check these Terms of Service periodically for changes, and Your continued use of the Service after the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Conduct of Users
You or your authorized users agree not to use our Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a DevWisdom official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any third party;
This website may contain material which is owned by or licensed to us. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
It is also your responsibility to ensure that your payment information including credit card number and expiry date is up to date. Otherwise, you will risk account termination and setup and/or additional fees to reinstate your account.
Cancellation and TerminationYou alone are responsible for the proper cancellation of your account. Cancellation requests should be sent through our Contact Page, http://developmentwisdom.weebly.com/contact.html and should include the name and e-mail address on your account.
You can cancel at any time, but you will remain liable for all charges accrued up to the designated term available when you first purchased the service (i.e., 12 months - for an annual subscription).
DevWisdom reserves the right to
- modify or discontinue, temporarily or permanently, the Service (or any part thereof);
- refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if DevWisdom believes that You have violated these TOS.
- DevWisdom will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities.
- DevWisdom shall not be liable to You, Your Organization or any third party for any modification, suspension or discontinuation of the Service.
Upon termination of this Terms of Use, the User shall be liable to make payments for use of our Website up to the date of termination. All clauses which by their nature shall survive any termination shall survive the termination of these Terms of Use.
Copyright and Ownership
DevWisdom or its suppliers own the intellectual property rights to any and all protectable components of the Service, including, but not limited to, the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, share, reverse engineer, decompile, or dis-assemble any aspect of the Service which DevWisdom or its suppliers own.
DevWisdom claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
Your License
DevWisdom grants You a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to accept and receive payments and to manage the funds You so receive. The Service includes our website, any software, programs, documentation, tools, internet-based Services, components, and any updates (including software maintenance, Service information, help content, bug fixes or maintenance releases) thereto provided to You by DevWisdom.
Ownership
The Service is LICENSED and not sold. We reserve all rights not expressly granted to You in this Agreement. The Service is protected by copyright, trade secret and other intellectual property laws. We own the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of the Service. This Agreement does not grant You any rights to our trademarks or Service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and Service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Content Ownership & Copyright
The Service itself, including the use of the DevWisdom name, logos, domain names and other distinctive brand features are protected by copyright and other laws. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements.
You retain Your rights to any content You submit, post or display on or through the Service. By submitting, posting or displaying content on or through the Service, You grant DevWisdom a worldwide, non-exclusive, royalty-free license to use, adapt, modify, publish, and display the content in any and all media or distribution methods (now known or later developed).
Transaction History
Except as required by law, You are solely responsible for compiling and retaining permanent records of all transactions and other data associated with Your DevWisdom Account, Your Stripe Account, Your Transaction History in either Service (DevWisdom or Stripe) and Your use of the DevWisdom Service.
Term
The Agreement is effective upon the date You agree to it (by electronically indicating acceptance) and continues so long as You use the Service; are Contractually-Obligated to pay for the Service; OR until terminated by DevWisdom.
Termination
You may terminate this Agreement by closing Your DevWisdom Account. Financial payments to DevWisdom survive the termination of this Agreement (i.e., purchase of an annual subscription, paid by monthly installment.). We may terminate this Agreement and close Your Account at any time for any reason stipulated explicitly or implicitly in these Terms of Service.
Support Services and Upgrades
DevWisdom services may include certain third party components and support services. Users shall adhere to the terms and conditions of such third party providers, where clearly indicated, in addition to the terms of service of DevWisdom. DevWisdom liability is limited to the data stored in its own servers and does not extend coverage to the third party components and services.
Planned Downtimes
DevWisdom relies on 3rd parties to deliver a highly secure service to the Users. From time to time, the 3rd party upgrades the relevant hardware and software components associated to deliver a highly secure service to the Users. In the event of such modifications, DevWisdom will plan for scheduled downtimes of its services and notify Users accordingly. The notifications will be through emails and dashboard URL.
Security
DevWisdom maintains commercially reasonable administrative, technical and physical procedures to protect Your information from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that You provide this personal information regarding You and Your payers at Your own risk. We recommend You review our Privacy Policy, which will help You understand how we collect, use and safeguard the information You provide to us.
General Conditions
Your use of the Service, including any content, information or functionality contained within it, is provided “AS IS” and “AS AVAILABLE” with NO representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
You agree not to share, resell, duplicate, reproduce or exploit any part of the Service without the express written permission of DevWisdom.
You may not use the Service to store, host, or send unsolicited email (spam) or SMS messages.
You understand that the Service can be used for transmission of your Content, and that during processing; your Content may be transferred unencrypted over the Internet.
You may not use the Service to transmit any viruses, worms, or malicious content.
DevWisdom makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free and (iv) and any Service Level Agreement that omissions, bugs or errors in the Service will be corrected within a stipulated time.
DevWisdom its affiliates, partners and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service. You are contractually obligated to complete and pay in full, the agreed-upon term when you originally signed up for the Service (i.e., 12 months for an annual subscription)
If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
The failure of DevWisdom to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and DevWisdom as to the Service and supersedes any prior agreements between you and DevWisdom (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to us via the Contact Form: http://developmentwisdom.weebly.com/contact.html
No Agency
You agree that Development Wisdom is an independent contractor, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended to be created by this Agreement. In addition, Mentor Consultants are not employees or contractors to Development Wisdom.
Force Majeure
No party will be liable for delays in processing or other nonperformance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, war, terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse Your liabilities and obligations under Section 10, including without limitation for reversals, chargebacks, claims, fines, fees, refunds or unfulfilled products and Services.
NO WARRANTY
DEVWISDOM AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS (INCLUDING MENTOR-CONSULTANTS) PROVIDE THE SITE AND THE SERVICE “AS IS,” AND WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM DEVWISDOM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM PROVINCE TO PROVINCE, OR STATE TO STATE.
Liability LimitIN NO EVENT SHALL DEVWISDOM, AND (AS APPLICABLE) DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS (INCLUDING MENTOR-CONSULTANTS) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. DEVWISDOM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF DEVWISDOM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS (INCLUDING MENTOR-CONSULANTS), TO ANY USER, CLIENT NONPROFIT, OR THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY THE CLAIMANT TO DEVWISDOM’S IN THE 12 MONTHS PRIOR TO THE ACT GIVING RISE TO LIABILITY, OR (B) $100. SOME PROVINCES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold DevWisdom and (as applicable) any parent, subsidiaries, affiliates, officers, directors, agents, employees and suppliers (including mentor-consultants), harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of his, her, or its breach of this Agreement (including any documents it incorporates by reference) or Your violation of any law or the rights of a third party.
NO GUARANTEE
DevWisdom does not guarantee continuous, uninterrupted access to the Service, and operation of the Service. At any time the Service may be interfered with by numerous factors inside and outside DevWisdom’s control. DevWisdom does not guarantee the performance and/or advice provided by mentor-consultants.
If any provision of this Agreement is held unenforceable, then such provision will be disregarded, and all remaining provisions of this Agreement shall remain in full force and effect.
Waiver
Nothing in this Terms and Conditions shall be construed as a waiver of any proceeding or succeeding breach of any provision and failure to comply with any provision of this Agreement shall not be deemed a waiver of such provision or any other provision of this Agreement.
Severability
In the event that a court of competent jurisdiction holds any provision of this Terms and Conditions to be invalid, such holding shall have no effect on the remaining provisions of this Terms and Conditions and they shall continue in full force and effect.
Entire Agreement
This Terms of Service (which also include Terms and Conditions) contained herein shall be the agreement between us. DevWisdom may revise the Terms of Service at anytime by updating this section. You are advised to visit this page periodically to review the Terms and Conditions.
Governing Law
These TOS shall be governed by the laws of the Province of Ontario without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the provincial courts of Ontario and Government of Canada for the purpose of resolving any dispute relating to Your access to or use of the Service.
Changes to our Terms of Service
If we decide to change our privacy policy, we will post those changes on this page, send an email notifying you of any changes, and/or update the Privacy Policy modification date below.
Last updated: January 18, 2015
Contact Information
If you have any questions about these Terms of Use, or if you want to contact DevWisdom for any reason, please direct all correspondence to: DevelopmentWisdom Inc., 47 Thornbury Crescent, Ottawa, Ontario K2G 6C5 CANADA or email http://developmentwisdom.weebly.com/contact.html