Welcome to What’s Free! What’s Free is a mobile platform forum that provides users with the opportunity to try goods and services at no cost to you. Businesses and brands want you to try what they have to offer and to provide your feedback. That's where "What’s Free" comes in—there’s no catch and the offers are always free!
Here’s how it works: first, you must create a What’s Free user account via Facebook; on signing in to your account, you will be able to browse deals within a 10 mile radius of your current location. You can reserve any deal that still has reservations available. A reservation has a predetermined expiration time, and you must physically arrive at the business before the reservation expires in order to redeem the deal and generate a coupon. If you don’t arrive in time, the reservation goes back to the pool for other users, and you will not be able to reserve that specific deal again. Upon successful redemption, the coupon will be accessible for a predetermined time. The coupon will include your Facebook profile picture, first name, name of item or service, and instructions (for example, “please present this to your waiter”). Before you can continue browsing and reserving additional deals after a successful redemption, you must respond to a brief feedback question provided by the business. Your response to the feedback question will go directly to the business, and will not be posted publicly.
These Terms and Conditions of Service (“Terms”) apply to and govern your access to and use of the services available from the applications, domains and sub-domains of Whats Free LLC, a Texas limited liability company (“What’s Free”, “WF”, “we”, “us” and/or “our”), which includes What’s Free and all its other branded websites, software, platforms, mobile apps, apps, plug-ins, and applications (collectively, the “Software”), and/or services (the Software and/or services are collectively referred to herein as the “Service”). Please review these Terms carefully, including the arbitration provision, which describes how disputes will be resolved between us, and note that no class actions may be brought under these Terms.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which apply to all visitors, users and others who access or use the Service.
Your Use of the Service
By accessing or using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
You may use the Service only if you can form a binding contract with What’s Free, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as features of the Service are added, removed and/or modified, with or without notice to you. In addition, What’s Free may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you and/or the Organization with prior notice, which you agree is not required.
Note that all content and information provided through the Service, including content provided by Vendors (as defined below) or other third parties, is for general informational purposes only, and What’s Free cannot be held responsible or liable for the accuracy of such content or for the availability (or non-availability) of any offers. You rely on any site content, information, or advice provided through the Service at your own risk. Please see below for more information on WF’s limitations on liability in regards to Service content.
Some areas of the Service may allow you to post or upload information, data, text, graphics, or other material (“Content” or, when posted by you, “your Content”) privately (“Private Content”), and to share your Content with others non-privately (“Shared Content”). Whether your content is Private Content or Shared Content depends on the privacy settings for your What’s Free account. You retain ownership of your Content, but there are many things that other What’s Free users may do with your Content, to the extent it is Shared Content, for example, copy it, modify it, re-share it, or broadcast it. What’s Free has no responsibility for that activity. You understand that publishing your Shared Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the U.S. Patent and Trademark Office, or any other governmental body in any way connected with the establishment, recognition and/or preservation of exclusive rights in and/or to your Content, or any part of it. Please consider carefully what you choose to share.
You agree not to post Shared Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that may be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise potentially civilly and/or criminally actionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is misleading, deceptive, incorrect and/or no longer current. You agree that any Shared Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Shared Content that we believe, in our sole discretion, violates any part or all of these provisions.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute such Content in connection with providing the Service to you and other users in accordance with your settings on the Service. In connection with providing the Service, we may modify or adapt your Content to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of What’s Free, its users and the public.
You must provide us accurate information when you create your account with What’s Free, and you represent that your Basic Account Information on Facebook is complete, truthful, and accurate. You may not impersonate any person, company, group, event, or organization in the creation of your account or use of the Services. Your account enables access to the services and functionality that we may establish and maintain from time to time, and in our sole discretion. We may maintain different types of accounts for different types of users and/or organizations. If you connect to What’s Free, and/or any other What’s Free website(s), software, application(s), platform(s) and/or service(s), using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another user’s account without permission.
In creating your user name, we retain the right to refuse to register any user name that includes the name or any other specific information that is uniquely associated with a specific business, vendor, celebrity or other individual or entity if the user seeking to register the name in fact is not the specific individual or entity in question. What’s Free reserves the right to require users to re-register user names as necessary to observe the foregoing limitation.
Each What’s Free user may have only one user account.
You may not engage in advertising to, or solicitation of, other Service users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service, or invitations to attend parties or other social functions or networking events for commercial purposes or any other purpose that could be deemed competitive to WF’s Services. You may not transmit any chain letters or junk email to other Service users. Although What’s Free cannot monitor the conduct of its Service users offline, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Service user without their prior explicit consent. In order to protect our Service users from such advertising or solicitation, we reserve the right to restrict the number of messages which a Service user may send to other Service users in any 24-hour period to a number which we deem appropriate in our sole discretion. No user may use an account for the purpose of spamming or soliciting What’s Free users.
You may not transfer your What’s Free account to another user or individual.
You are solely responsible for your interactions with other users and with Vendors. We reserve the right, but have no obligation, to moderate exchanges between users or between users and Vendors; provided however, that What’s Free will have no liability for your interactions with other users or Vendors, or for other users’ or vendors’ interactions with you.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken in connection with your password, whether your password is with What’s Free or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and/or symbols, as permitted, with your account. You agree not to disclose your password to any third party. What’s Free cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify What’s Free immediately upon becoming aware of any breach of security or unauthorized use of your account.
WF’s License to You
Subject to these Terms, What’s Free gives you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We may terminate this license at any time, with or without notice, for any reason or for no reason at all. Except to the extent that such restrictions may be expressly prohibited by law, you may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You agree that we may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using. You agree to the automatic upgrading, and agree that these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license and/or end-user license agreement (EULA), if any, authorizing use of such code. This license is not a sale of the Software or any copy thereof, and What’s Free or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof).
This license does not include any right to resell or make commercial use of What’s Free or any Content, including without limitation any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of What’s Free provided that the link does not portray What’s Free, its associates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any What’s Free logo or other proprietary graphic or trademark as part of the link without WF’s express written permission.
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a limited, personal, non-transferable, non-assignable, non-sublicensable, non-commercial, worldwide, royalty-free, non-exclusive and revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. Except to the extent that such restrictions may be expressly prohibited by law, you may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and What’s Free or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms, and as provided in Defense Federal Acquisition Regulations (DFARS) 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), and/or Federal Acquisition Regulations (FAR) 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
The Software and/or the Mobile Software originate in the United States, and is/are subject to United States export laws and regulations. The Software and/or the Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software and/or the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and/or the Mobile Software and the Service.
For all purposes, we reserve all rights not expressly granted under these Terms.
Intellectual Property, Copyrights and Feedback
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of What’s Free and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the What’s Free name, or any of the What’s Free trademarks, logos, domain names, and/or other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding What’s Free, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit, and without any obligation to you.
Use of Content
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may or may not monitor and/or control the Content posted via the Service, as we alone determine in our sole discretion, and we do not accept and specifically disclaim any responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will What’s Free be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. What’s Free will not be responsible or liable for any use of your Content by What’s Free in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
Acceptable Use of the Service
What’s Free is trusted by its users, and we in turn trust you to use the Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
• Use the Service for any unlawful purposes or for promotion of illegal activities;
• Use the Service to obtain goods or services that you are not authorized or legally permitted to obtain (for example, obtaining alcohol or tobacco if you are a minor).
• Use the Service or any Content for any commercial purposes (except to the extent that you utilize information gained from the service in your own commercial activities (i) at your own risk, (ii) without violating these Terms, and (iii) without utilizing the Service itself to carry out such activities);
• Post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
• Impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• Publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security Numbers, without their express authorization and permission;
• Send unsolicited communications, promotions or advertisements, or spam;
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
• Access, tamper with, or use non-public areas of the Service, WF’s computer systems, or the technical delivery systems of WF’s providers;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• Access or search the Services by any means other than our publicly supported interfaces (for example, by “scraping”);
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; and/or
• Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
International users agree to comply with all local laws regarding online conduct and acceptable content.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
When you visit What’s Free or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on What’s Free. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We care about the privacy of our users. You can browse our site without telling us who you are or revealing any personal information about yourself. Once you create an account, which requires that you provide us your name and email address, you are not anonymous to us. We also may collect demographic information such as your zip code, preferences and interests and other information relevant to customer surveys and/or offers. If you choose to provide us with this or any other personal information, you consent to the storage and transfer of that information on our servers, which may be located in the United States or abroad.
DMCA Notice and Policy
We respect others’ intellectual property rights and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us through our DMCA policy, which is as follows:
We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the DMCA. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.
You must provide the following information in writing in your DMCA Notice:
1. Identify the copyrighted work that you claim has been infringed;
2. Identify the material that is claimed to be infringing and where it is located on the Service;
3. Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, email address;
4. Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
5. Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
6. Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
7. Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at email@example.com. You must state in the communication that it is addressed to the “Designated DMCA Agent.”
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. § 512(c), but do not constitute legal advice.
In accordance with DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, irrespective of whether infringement is repeated.
Vendors and Other Third Parties
What’s Free presents you with offers for free goods and services from a variety of vendors and service providers (“Vendors”). The liability of Vendors is limited as described below, and may be further limited pursuant to their own terms of service or other contractual arrangements with you. By using the Service, you agree to rely on any goods, services, or information provided by Vendors at your own risk, as described above. Vendors are independent third parties, and are not “Affiliates” or “Contractors” of What’s Free for the purposes of these Terms, including limitation of liability. You agree that any claims or causes of action that arise out of any service, product, information, or other interaction with any Vendor through the Service shall be brought only against such Vendor, and in no case against What’s Free. In particular, but without limiting the generality of the foregoing, What’s Free cannot be held responsible for any harm you incur as a result of any service, product, or interaction with any Vendor, and cannot be held responsible for any Vendor’s failure to comply with these Terms or any applicable laws, regulations, or standards. Any failure on the part of any Vendor to make available any offers, products, or services offered through the Service can be attributed only to such Vendor; the same applies to any Vendor’s failure to comply with the terms of the Federal Trade Commission’s “Guide Concerning Use of the Word ‘Free’ and Similar Representations” and other consumer protection regulations.
Notwithstanding the foregoing paragraph, What’s Free is not affiliated with websites or third parties that sell or advertise our services or that provide services without a written agreement with us. What’s Free reserves the right to void all service policies, return policies, and other policies for orders and What’s Free products or services that were obtained through unauthorized parties, including Vendors. What’s Free is not responsible for any representations by unauthorized parties, including Vendors.
You agree to defend, indemnify and hold harmless What’s Free and its licensees 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) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any goods or services you receive from Vendors, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
Changes to Terms
We may revise these Terms from time to time, with or without prior notice. We will post the most current version of these Terms on our website. If a revision, in our sole discretion, is material we may, but need not, in our sole discretion, notify you (for example by email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By accessing and/or using, or continuing to access and/or use, the Service or any part thereof, once revisions to the Terms have been posted and become effective, you agree to be bound by the Terms, as revised. If you do not agree to the new Terms, your only means of not being bound by them is to cease accessing and/or using the Service.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHAT’S FREE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY OR VENDOR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING VENDORS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHAT’S FREE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, PHYSICAL INJURY, DEATH, OR ANY OTHER LOSSES OR HARM THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHAT’S FREE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, PHYSICAL INJURY, DEATH, OR ANY OTHER LOSSES OR HARM THAT RESULT FROM THE USE OF, OR INABILITY TO USE, ANY GOODS OR SERVICES PROVIDED BY VENDORS OR OTHER THIRD PARTIES.
UNDER NO CIRCUMSTANCES WILL WHAT’S FREE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHAT’S FREE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WHAT’S FREE, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WHAT’S FREE HEREUNDER FOR ACCESS TO AND/OR USE OF THE SERVICE OVER ANY SIX-MONTH PERIOD. The essential purpose of this provision is to limit the potential liability of What’s Free arising out of this Agreement. The parties acknowledge that the limitations set forth in this paragraph are integral to the amount of consideration (if any) levied in connection with your use of the services rendered hereunder and that, were What’s Free to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WHAT’S FREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ALL APPLICABLE JURISDICTION(S).
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY ONLY TO THE EXTENT SPECIFICALLY PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from our facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Miscellaneous Legal Terms
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
In the unlikely event that What’s Free has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any What’s Free claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration with and according to the rules of the American Arbitration Association (“AAA”) in the city of Austin, Texas under the laws of the State of Texas, and to the extent not conflicting therewith, the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in the state and/or federal courts located in Travis County, Texas, and post-judgment in any court located where may be found any assets of the party against whom an award and/or judgment may result. Nothing in this Section shall be deemed as preventing What’s Free from seeking injunctive or other equitable relief from state and/or federal courts located in Travis County, Texas, to which you agree to the exercise of personal jurisdiction and the propriety of venue for the purpose of granting equitable injunctive relief, as necessary, to protect any of WF’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WHAT’S FREE IS EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the Service is based in Texas; and these Terms are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
These Terms, together with any amendments and any additional agreements you may enter into with What’s Free in connection with the Service, will constitute the entire agreement between you and What’s Free concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WF’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We may provide notifications, whether these are required by law of are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.
Effective January 15, 2014