WISE Logo

Terms and Conditions

Last updated December 29th, 2024

TERMS OF USE

EFFECTIVE SEPTEMBER 23rd, 2024

WELCOME

Dear user, we’re glad you have discovered this resource and hope you will find it valuable, today and into the future, for supporting the healthy and happy aging journey of yourself or a loved one. Below, please find the Terms of Use that govern your interactions with our services.

Our primary service is the WISE Navigator, an online resource for connecting you with local programs and services supporting aging in place. We also help local businesses and other venues to become designated as WISE Spaces and to offer social meetups, activities, and discounts for older adults at certain times. These Terms of Use cover your interaction with both of these services, and any other services that WISE Cities offers now and in the future.

If you have any questions about our Terms of Use, you can contact us by phone at 571-354-6626, email at contact@wisecities.us, or mail to 10300 Eaton Place, Suite 440, Fairfax, VA 22030, United States.

AGREEMENT TO OUR TERMS OF USE

It’s good to meet you. We are WISE Cities, LLC, doing business as “Live WISE” and “WISE Cities” ("Company," "we," "us," "our"). We operate the websites wisecities.us, wisenavigator.us, and wisestates.us; (individually and collectively, the “Site” or “Sites”), as well as any other related products and services that refer or link to these Terms of Use (the "Terms of Use") (collectively, the "Services"). The term “Services” will include the offered “Sites.”

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and WISE Cities concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you should not engage with our Services and should discontinue use immediately.

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

Please read these Terms of Use carefully before you start to use our Services. By proceeding, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree, you should stop using the WISE Cities services and exit this site immediately.

USE OF THE SERVICES

WISE Cities grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Services for your personal use, subject to full compliance with these Terms of Use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms of Use, without the express written consent of WISE Cities.

WISE Cities may modify, update, suspend or discontinue the Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. WISE Cities shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. You agree and understand that the WISE Cities Companies have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

The Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. WISE Cities is not responsible for any negative outcomes resulting from such problems. We try hard to make sure that our Services are always available and working, but we cannot guarantee it, and apologize in advance for any inconvenience.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of these Terms of Use, except where such additional terms expressly exclude or otherwise supersede these Terms of Use. To the extent any other terms conflict with the terms and conditions of these Terms of Use, the additional terms shall govern to the extent of the conflict with respect to those specific services.

USER FEEDBACK

WISE Cities appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Services. Please note, however, that if you send us suggestions, ideas, drawings, concepts or other information (collectively, “Submissions”), these will become the property of WISE Cities. In addition, none of the Submissions will be subject to any obligations of confidentiality and WISE Cities will not be liable for any future use or disclosure of such Submissions.

USER CONDUCT

Users are prohibited from:

(a) Copying, transmitting, reproducing, replicating, posting, or redistributing any part of the Content or the Services, including but not limited to, using the Services’ proprietary features, software, data, and infrastructure, or any Content therein for unauthorized commercial or non-personal purposes, without prior written permission from WISE Cities. Any unauthorized reproduction or use of this Content is considered a violation of intellectual property rights. Users must also adhere to restrictions on deep-linking, framing, and mirroring any portion of the platform without prior authorization.
(b) Infringing upon copyright protections, such as by removing or altering copyright or trademark notices.
(c) Attempting to circumvent security features, reverse engineer the platform’s proprietary software, scrape data using automated tools, test the platform’s vulnerabilities, or exploit the platform’s Content through automated tools like bots or spiders without explicit permission.
(d) Activities that disrupt the normal operation of the platform, including but not limited to, transmitting harmful code such as viruses, attempting to gain unauthorized access to accounts or systems, or engaging in activities that impose an unreasonable load on the platform’s infrastructure.
(e) Attempting to falsify information, extract sensitive information from others, impersonate others, harass others, submit misleading, irrelevant, or repetitive Content, submit Content that violates the “User Submitted Content” section below, submit Content that violates applicable laws or infringes third-party rights, submit advertisements or solicitations without authorization, or engage in any behavior that undermines the review and rating process.
(f) Using the platform or its Content for unauthorized purposes, such as political or religious promotion.

USER SUBMITTED CONTENT

WISE Cities take no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you or any third party, or for any loss or damage thereto, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. WISE Cities does not guarantee any confidentiality with respect to any of your Content you provide to the Services. You acknowledge that WISE Cities has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the content on or in connection with the Services may have on you; how you may interpret or use the content on or in connection with the Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Services.

You understand that WISE Cities does not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, WISE Cities does not edit or control users’ Content that appears on the websites. WISE Cities nevertheless reserve the right to remove and/or restrict without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches these Terms of Use or otherwise believe the removal and/or restriction is reasonably necessary to safeguard the rights of WISE Cities and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you can appeal our decision by submitting a written notice as directed in the section titled “Notices.” To the extent that WISE Cities provides any form of private communication channel between users, you agree that we may monitor the substance of such communications in order to help safeguard our community and the Services.

Please be aware that if you submit Content, be it directly to WISE Cities via email, phone, in-person or any other medium or through any WISE Cities product or service, reviews, messages, questions, photographs or videos, comments, suggestions, ideas or the like, you agree that:

REGISTRATION INFORMATION

We may require that you create an account to use or access certain features of the Services. We may require that you provide login information such as a username and password to access and utilize your account. You agree to (a) provide WISE Cities with true, accurate, current and complete information as prompted by WISE Cities’s registration forms; (b) update and maintain the truthfulness, accuracy and completeness of such information; (c) promptly notify WISE Cities of any unauthorized use of your account.

You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. WISE Cities will not have any liability to you or others for any unauthorised actions made using your password or account; and the unauthorised use of your password or account could cause you to incur liability to WISE Cities, its corporate affiliates and/or others.

While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

If you are creating an account on behalf of an organization or business, you confirm that you have the authority to bind the entity to these Terms of Use and will act as its authorized representative. In such cases, the entity assumes responsibility for all account activities.

CONTENT FOUND ON OUR SERVICES

We do not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. We simply acts as a passive conduit and an interactive provider for the publication and distribution of Content, including content posted by Service Providers (“Service Provider Content”).

We have no obligation to screen, preview, monitor or approve any Content. We reserve the right to review and delete any Content that, in our sole judgment, violates these Terms of Use. You understand that all Content posted on, transmitted through or linked through the Service, are the sole responsibility of the entity from whom such Content originated. You understand that WISE Cities does not control and is not responsible for Content and that you may be exposed to Content that is inaccurate, misleading, or offensive.

You agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under NO CIRCUMSTANCES will WISE Cities be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against WISE Cities relating to Content, and release WISE Cities from any and all liability for or relating to any Content.

You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by contacting us. Please note that you may be liable for damages for unlawful misrepresentations.

We may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Services in a given period of time. WISE Cities has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Services. You agree that WISE Cities has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Your interactions with Service Providers are at your own risk. WISE Cities will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with Service Providers. Your rights of recourse in connection with a contract between you and a Service Provider (for example, in relation to refunds and cancellations), will be between you and the Service Provider as set out in the contract with that Service Provider.

Although we display information about services offered by third-party Service Providers and facilitate interactions with certain providers through the WISE Cities websites, such actions do not in any way imply, suggest or constitute the sponsorship or approval of third-party Service Providers, or any affiliation between WISE Cities and third-party Service Providers. Although users may rate and review particular services or activities based on their own experiences, we do not endorse or recommend the products or services of any third-party Service Providers, save that WISE Cities does issue certain Service Providers badges or other designations that are based on certain criteria. Our Services may link you to third party Service Provider sites or other sites that WISE Cities does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

LINKS TO THIRD-PARTY SITES

All third-party interactions are at your own risk. Our Services may contain links to websites operated by parties other than WISE Cities. Such links are provided for your reference only. The appearance of a link on our Sites does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. WISE Cities does not control third party websites and is not responsible for their contents or the privacy or other practices of such websites. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have their own rules and permissions about how they use your information.

It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. WISE Cities will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

When our Services use third party services to provide certain features and services, you may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Sites feature mapping services provided by Google Maps. When you use these mapping services on our Sites, you agree to be bound by the Google Maps Additional Terms of Service.

WE DO NOT PROVIDE MEDICAL, FINANCIAL OR LEGAL ADVICE

Content found on our Services is never to be viewed as expert information on any topic, and is not a substitute for professional legal, financial or medical advice, diagnosis or treatment. Use of our Services does not create a doctor/patient or lawyer/client relationship between you and WISE Cities or any Service Providers. Instead, any informational or educational Content you find on WISE Cities is intended to supplement, not replace, the relationship that exists between you and your lawyer, you and your financial planner, and/or you and your physician. Never disregard professional advice or delay in seeking it because of something you have read on the Services. You should not act upon this information without seeking professional counsel. No advice or information, whether oral or written, obtained by you from WISE Cities or through or from the Services shall create any warranty not expressly stated in the terms.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Services or by anyone who may be informed of any of its contents.

If you think you may have a medical emergency, call your doctor or 911 immediately. WISE Cities does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services. WISE Cities is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by WISE Cities, its employees and others appearing on the Services is solely at your own risk.

HEALTH-RELATED INFORMATION

You should be aware that if you post any health-related information about yourself or anyone else on the Services, you do so at your own risk. If you post health information about services rendered to another individual, you represent that you have the legal authority to receive health information about that individual from that individual’s health care providers and that you have the legal authority to further disclose such health information. If you post health-related information, you will be placing it into the public domain which may violate federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom you submit Content may submit Content that contain your private or confidential health information in response to Content you submit. WISE Cities is not liable for any such Content. WISE Cities cannot be expected to keep your health information confidential if you post it to the Sites or Services or otherwise make it available to others.

SERVICE PROVIDERS

WISE Cities does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods or services from any third party or Service Provider, WISE Cities is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance.

Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve WISE Cities. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers. WISE Cities is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them. You waive the right to bring or assert any claim against WISE Cities, and release WISE Cities from any and all liability, relating to any interactions or dealings with any Service Provider.

Our Services may incorporate a ranking system to present listings based on specific criteria, such as price, distance, assessed relevance, and other factors. These rankings are designed to enhance user experience and provide relevant suggestions but are subject to change and updates and are not endorsements of any one service above another.

LINKS TO OUR WEBSITE

We do not generally object to links to our Site and Services from third-party websites. However, you must abide by the following restrictions.

Do not present the link to our Services in any way that suggests that we have any relationship or affiliation with your site or that we endorse, sponsor or recommend the information, products or services on your site. Do not use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial matter without the prior express written permission for a particular use from us. Do not incorporate any content from the WISE Cities sites into your website (e.g., by in-lining or framing). Do not use any of our names, logos, designs, slogans, product trademarks or service marks, or any other words or codes identifying our Services, in any "metatag" or other information used by search engines or other information location tools to identify and select websites, without our express written permission.

WISE SPACES AND OTHER IN-PERSON EVENTS

In an effort to help create communities that support us all as we age, WISE Cities leads an initiative called “WISE Spaces” to empower local businesses and other venues to host social meetups, activities, and discounts for older adults at certain times with the support of WISE Cities’ branding, marketing, and/or staff. WISE Spaces are discoverable under the Activities category of the WISE Navigator platform, referenced in these Terms of Use.

WISE Spaces are diverse in their characteristics, including but not limited to those mentioned as follows. They may be free or have an associated cost, and may be different in their attendance criteria, include age requirements such as 55+ only. They may or may not require advanced RSVP through designated methods. WISE Cities retains the right to, at any point, begin to require users to purchase a paid subscription plan to be allowed to participate in subsequent WISE Spaces events.

Participating in WISE Spaces events, or any other activities found on the WISE Navigator platform, involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others. You should protect your personal information and not respond to questions that make you feel uncomfortable. If you feel that your privacy or safety is not being respected by another participant at a WISE Spaces event, you should seek help from the facilitator at the event and report the incident by contacting us by email or phone.

Please be advised that WISE Cities does not conduct or require background checks on participants and does not attempt to verify the truth or accuracy of statements made by participants. WISE Cities makes no representations or warranties concerning the conduct or Content of any participants or their interactions with you.

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “WISE Cities Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other participants, or in connection with a WISE Spaces event. You also agree not to hold facilitators responsible for their negligence or mistakes in connection with a WISE Spaces event.

You acknowledge that some WISE Spaces or other in-person events found through our WISE Navigator platform carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

To the full extent permitted by applicable law, you agree that in no event shall any WISE Cities Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any WISE Cities Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Services or these Terms of Use or the inability to use our Services (however arising, including our negligence), (b) statements or conduct of or transactions with any users or third party through our Services, (c) your use of our Services or transportation to or from WISE Spaces events, attendance at WISE Spaces events, participation in or exclusion from WISE Spaces events and the actions of you or others at WISE Spaces events, or (d) any other matter relating to our Services.

Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.

WISE Spaces events may be financially supported by other businesses (“Sponsors”) whose information is shared with participants at the events and may be highlighted in other associated communications orally or in writing. These Sponsors are not affiliated with WISE Cities, and WISE Cities takes no responsibility in vetting or assuring the quality of their Services.

FEES AND PAYMENTS

Use of some aspects of our Services is free, and we charge fees for other aspects. We may in the future implement a new fee, or modify an existing fee, for certain current or future features or services. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Sites or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. Subscriptions are non-transferable.

Service Providers may impose fees of their own, and may have their own refund policies. You should use common sense in deciding whether to make a payment to any Service Provider. We cannot ensure that Service Providers will use payments as they promise or as you expect.

Service Providers are responsible for paying subscription and any other applicable fees to WISE Cities on time and through our approved payment methods. Service Providers who allow their subscription to lapse are subject to removal.

You represent and warrant that you are authorized to use the payment method you designate via our Services. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to WISE Cities, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds.

Fees for certain aspects of our Services may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Services with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Services for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you).

We may offer free trials of subscriptions and other products on our Services. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation.

TERMINATION

WISE Cities may terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Services and agree not access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that WISE Cities reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Services. You understand that WISE Cities may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to WISE Cities.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

PRIVACY POLICY

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy, included here for reference.

SMS TEXT MESSAGING

We respect that you may not wish to receive SMS text messages from us. If you provide your phone number and agree to receive SMS text messages, there are easy ways to later opt out of SMS communications. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out. Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. You may also contact us via our regular company contact email or phone number to request to opt out.

DISCLAIMER

THE Services ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU RELEASE WISE CITIES FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT OR INFORMATION THROUGH THE Services. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Services' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, RESULTING FROM ANY OF THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THESE TERMS OF USE BY WISE CITIES OR THE FAILURE OF WISE CITIES TO PROVIDE THE SERVICE UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

OWNERSHIP AND USE OF CONTENT

The Services and their Content, features and functionality (including but not limited to all information, software, text, displays, page headers, custom graphics, button icons, images, video and audio, and the design, selection and arrangement thereof), are owned by WISE Cities (“WISE Cities Marks”) and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

All other trademarks, product names and company names or logos cited in the Services (“Third Party Marks”) are the property of their respective owners. You may not use the WISE Cities Marks or the Third Party Marks without the written permission of WISE Cities or the respective owner.

Products, services, information and Content on our Services change regularly, so that it is up to date (for example, with current information and offers). This means, for example, that in respect of third party services, new services and activities may become available for you to access whilst other services may become unavailable. The Content is subject to change or deletion without notice and in our sole editorial discretion.

All rights not expressly granted herein are reserved to WISE Cities. The WISE Cities Services and any portion thereof may never be used by anyone to create or re-create a similar or competing service. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and is expressly prohibited. If you violate these or any other Terms of Use, your permission to use or continue using the Services and its Content terminates automatically and you must immediately destroy any copies you have made of all or any portion of the Content.

You should assume all Content and material made available on the Services is protect by copyright law. All use of the Content is prohibited other than personal, non-commercial use or educational use (“Approved Use”). Personal use means that you may download a single copy of the Content for your own personal, noncommercial use. Educational use means that you may download a single copy of the Content for your own use provided such use is directly associated with your education or training by or for WISE Cities. You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site except that you may view and download a single copy of the Sites for an Approved Use.

You agree that you will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services. You may not reproduce, sell or exploit for any commercial purposes any part of the Services. Any use of the Services not expressly permitted herein is a breach of the Terms of Use and may violate copyright, trademark and/or other laws.

NO EXTRATERRITORIALITY

We are based in Fairfax, Virginia, in the United States of America. We make no claims that the Content is appropriate for, or may be downloaded by, persons residing outside of the United States of America. Access to our Services and the Content may not be legal by certain persons in certain countries. If you access this Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

JURISDICTION AND LEGAL ACTION

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving WISE Cities or its affiliates, subsidiaries, licensors, employees, contractors, officers, directors, telecommunication providers and content providers: (i) you submit to the jurisdiction of the courts of the City of Fairfax, Virginia, including, without limitation, the City of Fairfax General District Court, Virginia or the Fairfax Circuit Court (19th Judicial Circuit) (ii) you irrevocably waive any objection that you may have at any time to the venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving WISE Cities or its affiliates, subsidiaries, licensors, employees, contractors, officers, directors, telecommunication providers and content providers, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law.

NOTICES

You agree that WISE Cities may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Site. All notices to WISE Cities will be provided by sending a letter, first class certified mail, to WISE Cities, LLC, addressed to 10300 Eaton Place Suite 440, Fairfax, VA 22030, Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or three (3) business days after being sent.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), WISE Cities will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

WISE Cities, LLC
10300 Eaton Place
Suite 440
Fairfax, VA 22030
Attn: Designated Agent
Email: contact@wisecities.us

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:


WISE Cities will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless WISE Cities, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees, accounting fees, and court costs resulting from or alleged to result from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to WISE Cities or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. WISE Cities will have sole control of the defense of any such damage or claim.

MUTUAL ARBITRATION AGREEMENT

If you have a dispute with WISE Cities, you agree to try to work it out directly with us first (“Informal Negotiations”), so as to expedite resolution and reduce the cost of any dispute, controversy or claim. Such Informal Negotiations will commence upon written notice as directed in the section titled “Notices.” Note that WISE Cities has no obligation to get involved with any disputes you have with other users or third parties, although we may try to facilitate a resolution.

If we can’t work out the dispute through Informal Negotiations, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver").

If a Dispute is not resolved through Informal Negotiations, you and WISE Cities agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). You understand that without this provision, you would have the right to sue in court and have a jury trial.

This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, WISE Cities will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, with a sole exception: Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The arbitration proceeding may take place in person in the city or county where you reside, unless each party agrees otherwise, or through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

The following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose.

If any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with WISE Cities, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. WISE Cities’ remedies are cumulative and not exclusive. Failure of WISE Cities to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with WISE Cities’ prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.

Users of this Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and WISE Cities as a result of these Terms of Use or use of the Services.

COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on our Services, these Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to your use of our Services. This agreement supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and WISE Cities regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to WISE Cities under these Terms of Use.

SURVIVABILITY

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Disclaimer, Limitations of Liability, Indemnification, Jurisdiction and Legal Action, Complete Agreement and Survivability.

CHANGES TO OUR TERMS OF USE

It is our policy to post any changes we make to our Terms of Use on this page. If we make material changes to our Terms of Use, we will notify you by email to the email address specified in your account and through a notice on the Website home page. The date the Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our home page website and this Terms of Use page to check for any changes. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

Thank you for choosing to Live WISE. We hope you find our resources helpful and convenient to use!

Copyright © 2024 WISE Cities. ALL RIGHTS RESERVED.

Menu