Terms of Use

Your access to and use of our services is conditioned upon your acceptance of and compliance with these terms. These terms apply to all individual visitors, users and others who wish to access or use our website or services.  You acknowledge that these terms, along with our Privacy Policy, govern your access and use of widgetpro.io and our services. If you disagree with any part of these terms, then you do not have permission to access the Service.

Content

You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in our content or widgets.

Sharing Content: Do not post our content publicly elsewhere. You can post a general description of a solution and you can recreate a solution, but you can not copy and paste an entire solution to another website, email thread, document, clipboard, etc. – nowhere. Exceptions include if you are communicating with your own agency and are utilizing a resource internally.

You're not allowed to do these things:

• post, upload, publish, submit or transmit anything that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same with the intention of selling the content or redistributing the content in any manner. Our content can be used for the agency only and their direct website clients.
• access or use the Service in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party's access to or use of the Service or use any device, software or routine that causes the same;
• attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;
• circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;
• use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information or data from or through the Service, or engage in any manual process to do the same;
• introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful;
• use the Service for illegal, harassing, unethical, or disruptive purposes;
• violate any applicable law or regulation in connection with your access to or use of the Service; or
• access or use the Service in any way not expressly permitted by these Terms

You may not use the Service if you are 13 years of age or younger. By using the Service, you represent and warrant that you are over the age of 13

The Service and its Content, features and functionality are and will remain the exclusive property of Givity LLC (dba Widget Pro) and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Givity LLC.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, we provide a tool do so. You may request to delete your own Personal Workspace(s) at any time from within our account management page. Upon requesting to delete a Personal Workspace, all Content from such Personal Workspace will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content designated as private on your Personal Workspace, after 30 days, such User Content will be deleted from our servers and can no longer be recovered. You acknowledge and agree that any User Content that has been transferred to an Organizational Workspace shall be retained in such Organizational Workspace following termination of your Personal Workspace.

Indemnification

You agree to defend, indemnify and hold harmless Givity LLC (dba Widget Pro) and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password; (b) a breach of these Terms; or (c) your User Content provided to the Service.

Limitations of Liability

IN NO EVENT SHALL GIVITY LLC, NOR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, ACCESSIBILITY, COMPLIANCE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. GIVITY LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND THESE TERMS IS LIMITED TO THE GREATER OF (i) $20 USD; OR (ii) ONE HUNDRED PERCENT (100%) OF ANY AMOUNT YOU’VE PAID FOR YOUR SUBSCRIPTION IN THE PRECEDING TWELVE (12) MONTH PERIOD.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

GIVITY LLC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions (such as the state of New Jersey) do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages set forth in the “LIMITATION OF LIABILITY” and “DISCLAIMER” sections above, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions or by the JAMS Rules in the case or arbitrations as outlined below.

Arbitration and Class Action Waiver

Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Givity LLC's services and/or products, including the Service, will be resolved by arbitration. You and Givity LLC agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Givity LLC are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Givity LLC will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to liz@lizfedak.com or to the U.S. mailing address listed at in the Contact Us section of these Terms. The notice must be sent to Givity LLC within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Givity LLC also will not be bound by them.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Entire Agreement

These Terms constitute the entire agreement between you and Givity LLC regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.