Please carefully read these Terms of Service ("Terms" or "Terms of Service") (which include, by reference, our Privacy Notice) before using the WithMe, Inc. website (www.withme.com) (the “Site” or “Website”). WithMe is the parent company of PrintWithMe, LLC and SipWithMe, LLC. The terms of our subsidiaries are listed separately in their respective website terms (pages linked below). If you use one of these Services, their respective terms will supersede the terms of this document:
These Terms of Service are by and between WithMe Inc., including its assigns, subsidiaries and affiliates (“WithMe”, “us”, “we”, or “our”), and you.
By accessing or using the WithMe website, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the WithMe website.
Your access to and use of our website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website. By using our website, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the Services only with the approval of your parent or guardian), that you understand and agree to be bound by the terms set forth herein, and to any additional terms, conditions, rules, and guidelines that we post on our Site, and that you are legally able to enter into this agreement. If you disagree with any part of these Terms, then you may not access the Site.
All rights, title and interest in the Website (including all copyrights, trademarks, know-how, and other intellectual property rights) belong to WithMe or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services are proprietary marks belonging to WithMe. Except as expressly provided below, nothing contained herein should be construed as conferring any license or right to intellectual property.
WithMe shall have a perpetual, irrevocable, royalty-free, worldwide right to use any deidentified and aggregated data that arises from your use of the Services, provided such data is not identifiable to you.
WithMe hereby grants you a nonexclusive, nontransferable, limited license to view and use information on our Site, solely for your personal use, provided (a) you do not modify or (b) alter the Site or its content.
Your use of the Site is conditioned upon these Terms and the following prohibited uses: you will not use the Site in violation of any applicable laws, rules or regulations. Without limiting the foregoing, you will not use our Site in connection with (a) infringement of intellectual property rights; (b) unauthorized access to data, including personal information; (c) transmission of defamatory materials, or (d) fraud.
Our Site may contain links to third-party websites or services that are not owned or controlled by WithMe or its subsidiary companies.
WithMe and its subsidiaries have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. WithMe and its subsidiaries make no representations whatsoever about any other website you may access through our Site and Services. You further acknowledge and agree that WithMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to any or all of our Site or our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms or the Terms of a subsidiary company.
All provisions of these Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Site or our Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to defend, indemnify and hold harmless WithMe and its subsidiaries, its licensees, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, fines, penalties, settlements, losses, liabilities, costs or debt, and expenses (including but not limited to litigation expenses and attorneys' fees), relating to, resulting from or arising out of a) your use and access of any Service, by you or any person using your account and password, b) your breach of these Terms, or c) your access or entry to, or your activities conducted at any Participating Location.
IN NO EVENT SHALL WITHME, ITS SUBSIDIARIES, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, ATTORNEYS’ FEES, OR OTHER INTANGIBLE LOSSES) RESULTING FROM, OR ARISING IN CONNECTION WITH OUR SERVICE, REGARDLESS OF ANY NEGLIGENCE OR FAULT OF WITHME, INC., AND WHETHER OR NOT APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS A REFUND TO THE SAME CREDIT CARD YOU USED IN THE MOST RECENT TRANSACTION, OF THE AMOUNTS YOU PAID TO US WITHIN IN THE LAST 3 MONTHS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WITHME RELATED TO YOUR USE OF OUR SERVICE, BE GREATER THAN $100.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
YOU UNDERSTAND AND AGREE THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US OR OUR SUBSIDIARIES ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOU AGREE THAT YOUR USE OF OUR SITE AND/OR SERVICE(S) IS AT YOUR OWN SOLE RISK. THE SITE AND SERVICE(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICE(S), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR SATISFACTORY QUALITY ARISING FROM A COURSE OF PERFORMANCE.
WITHME, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT a) THE SITE OR SERVICE(S) WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; b) ANY ERRORS OR DEFECTS WILL BE CORRECTED; c) THE SITE OR SERVICE(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR d) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS.
You understand that WITHME uses third party vendors and hosting partners to provide the necessary hardware, software, networking, infrastructure, marketing operations, storage and related technology required to run the Service, FOR WHICH WITHME DISCLAIMS ANY LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, United States, exclusive of conflict or choice of law rules. Any action or proceeding with respect to these Terms or any matter arising out of or in connection with these Terms shall be brought exclusively in state or federal courts located in Cook County in the State of Illinois. You hereby irrevocably and unconditionally waive any objection which you may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with these Terms brought in the courts referred to above.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at [email protected].