By activating your account and using the WOW! Concierge service, you agree to all of the terms and conditions of this WOW! Concierge Service Usage Agreement ("Usage Agreement"). If you do not agree with any of the terms or conditions contained herein, please do not use the WOW! Concierge Service.
WOW! Concierge reserves the right to change, modify, add or remove portions of this Usage Agreement or the terms or conditions contained herein at any time. Changes to the agreement will be periodically made and included in a new "Usage Agreement" which will be posted in replacement of the old "Usage Agreement". Your continued use of the WOW! Concierge Service following the posting of any changes will mean that you have accepted the changes.
The WOW! Concierge Service (the "Service") is the premium information service provided by WOW! Concierge consisting of information services and content provided by WOW! Concierge, affiliates of WOW! Concierge, and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use the Service.
The Registration Form, this Usage Agreement and any other WOW! Concierge policies relating to the use of the Service (collectively, this "Agreement") set forth the terms and conditions that apply to your use of the Service. By submitting the WOW! Concierge Service Registration Form, or by using the Service, you are deemed to have agreed to comply with all of the terms and conditions of this Agreement. The right to use the Service is personal to you and only you.
You have been given a complimentary WOW! Concierge account including a pre-determined amount of minutes of usage. Your allotment of minutes will be deducted as the service is used. The minutes are calculated from the time a WOW! concierge picks up the phone to the time your question is answered and delivered or your task is completed.
While the WOW! Concierge account may be complimentary, you may only sign up one person to use the service on your account. You may only call from the phone number registered on the account.
Your use of the Service constitutes your agreement to all of the terms, conditions and notices below in addition to the general terms and conditions contained in this Agreement. If you do not agree with these provisions, please do not use the Services. As stated above, WOW! Concierge reserves the right to change, modify, add or remove portions of this Usage Agreement at any time. Please check the "User Agreement" section of the Service periodically for any such changes. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.
WOW! reserves the right to refuse service based on the type of requests. As a general rule, the service will not provide information that will be used in a crime, considered illegal by any government body or that the phone agent deems inappropriate. WOW! reserves the right to cancel an account based on conduct by the calling party.
- In General
As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair the WOW! Concierge Web site, WOW! Concierge Call Center, any user of the Web site, any user of the Call Center, or interfere with any other party's use of the Service.
- Copyright and Trademark Protection
All materials contained on the Service (including, without limitation, the Web site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of WOW! Concierge, its partners and its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties.
- Third Party Web Sites
Links and query results to other Internet resources are provided for your convenience. These online resources have been chosen by WOW! Concierge due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of WOW! Concierge Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by WOW! Concierge nor endorsed by WOW! Concierge.
Because WOW! Concierge has no control over such Web sites and resources, you acknowledge and agree that WOW! Concierge is not responsible for the availability of such external Web sites or resources. In addition, you acknowledge and agree that WOW! Concierge does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. Furthermore, you acknowledge and agree that WOW! Concierge will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.
The use of the Service is for informational purposes only. User is solely responsible for any consequences of their use of any of the information provided by WOW! Concierge. The user understands that WOW! Concierge is solely a third party employed to retrieve information at the user's request. WOW! Concierge will in no way be held liable for any recommendations, advice, directions, usage, or any other information that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method.
- Web Searches
A significant portion of WOW! Concierge Services involves our phone agents visiting online resources on behalf of the User. WOW! Concierge reserves the right not to visit any website WOW! Concierge deems inappropriate for any reason by any WOW! Concierge phone agent. If the data needed was not retrieved because it was contained or listed on an inappropriate website, then the User does not qualify for a "minutes used" reimbursement.
- Call Recording
User understands that all telephone calls to WOW! Concierge may be monitored for quality assurance purposes. User understands that all telephone calls to and from WOW! Concierge will be recorded, and might be reviewed for quality assurance purposes at any time. Recorded phone call conversations will only be accessible to the WOW! Concierge Quality Assurance Team and will be kept on a remote secure server for a duration deemed necessary.
All queries submitted to WOW! Concierge in any form or fashion will become property of WOW! and its partners or subsidiaries along with the answer and replies. WOW! Concierge reserves the right to anonymously publish any websites, questions, queries, comments, responses, or any other form of media whether voice recorded, written, transcribed, text messaged, or any other form of communication for any purpose it sees fit. WOW! Concierge ensures that the identity of any of its members or any of the people that its members or Users requests searches on will be kept within its organization and not used for any other purpose other than history tracking.
- Other Correspondence
User understands that all correspondence with WOW! Concierge whether it be written, emailed, text-messaged, spoken, or transmitted by any other form of communication will be kept on record for an unlimited duration, and will be used for the sole purpose of record keeping and quality assurance by WOW! Concierge.
Text messaging - User will not hold WOW! Concierge responsible for any lost text messages, emails, or any other correspondence generated by WOW! Concierge or User. User understands that due to WOW! Concierge's lack of control on whether the electronic media sent over the public domain, that any resulting claims for loss of time, money, material or otherwise cannot be claimed against WOW! Concierge If WOW! Concierge sends a response to a query whether text messaged or called in to a User and the User dos not receive the message, the User may call the WOW! Concierge query phone line and either ask for the answer to be verbalized or resent via text message. The User will not be charged for that call as long as the only purpose for the call is to retrieve an answer never received.
By agreeing to the terms and conditions of WOW! Concierge, the customer also allows the company who has gifted the customer with a complimentary account to be able to able to text message the customer with periodic text messages. The customer can elect to opt out of receiving the text messages by calling the provided toll free number and opting out of the service.
- Purchasing Authorizations
At the User's request, WOW! Concierge or its agents may purchase items either over the Internet or on the phone with third party vendors with the User's credit card. In the event that the User initially wants WOW! Concierge to make purchases for the User, the User will be asked for a credit card to be used for those charges. All voice authorizations will be digitally recorded and kept for an indefinite amount of time. All disputes with charges need to be addressed to your Credit Card Company or merchant first. WOW! Concierge does not warrant or stand behind any purchases made on the User's behalf. All invoices, shipping information, etc. will be sent directly to Users email address for vendor. WOW! Concierge or any of its agents are merely third parties here to facilitate the purchase. WOW! Concierge does not receive any monetary compensation from any of the transactions other than the billing minutes used in the process.
- In General
- Intellectual Property Rights.
You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information owned by WOW! Concierge, WOW! Concierge and its licensors, and that your subscription does not confer on you any right, title or interest in or to the Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.
- Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WOW! CONCIERGE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SERVICE.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
IN NO EVENT SHALL WOW! CONCIERGE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE SERVICE, EVEN IF WOW! CONCIERGE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM RELATED TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless WOW! Concierge, its affiliates, partners, service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user by you or your Account.
User understands that the WOW! may send periodic notifications via email or text message with various notifications, reminders and the like. WOW! Concierge will not be responsible for the content or frequency of these notifications. All notifications sent after the signup process will allow the customer/user the ability to opt out of any future notifications by either hitting a link if the solicitation is sent in the form of an email or by calling a toll free number if the solicitation is sent in the form of a text message to your cell phone. WOW!, its partners or affiliates will not be responsible for text message fees of any kind relating to any text messages received from the WOW! server or the servers of any of its subsidiaries, partners or service providers.
WOW! Concierge guarantees that we will not resell or share your contact information with any outside entity or agency for any reason whatsoever. All information is stored on our secure server using the most secure SSL certificate and all information is encrypted for the utmost protection.
This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless in writing and signed by you and an authorized officer of WOW! Concierge.