Welcome to Twelve22. We are the publisher of the Wiistle mobile application (App). The Terms and Service of Twelve22 govern your use of the Wiistle App (Service). These Terms are entered into between you and Twelve22, LLC, P. O. Box 3727, Saratoga, CA 95070.
By using the Service, you are agreeing to these Terms. If you do not agree to these Terms. Twelve22 may modify these Terms at any time, and if we do, we will notify you by posting the modified Terms on our website or in the App. It is important that you review any modified Terms. If you continue to use the Service, you are agreeing to the modified Terms. If you do not agree to the Terms or the modified Terms, do not use our Service.
Privacy:
At Twelve22, we value your privacy. There is certain information about you that we will use in order to provide the Service. Please refer to our Privacy Policy for details of what information is collected, how it is used, and the choices you have when you use the Service.
Payment Terms:
In the Service, you may purchase certain features, functionalities, or subscriptions (in-App purchases). Twelve22 may manage, regulate, control, modify or eliminate any in-App purchases at any time, with or without notice. Twelve22 may change the pricing of in-App purchases at any time, with or without notice. Twelve22 shall have no liability to you or any third party in the event that Twelve22 exercises any such rights. All in-App purchases made through the Service are FINAL and NONREFUNDABLE. Twelve22 is not required to provide a refund for any reason.
Updating of Terms of Service
Twelve22 reserves the right to change the Terms of Service at any time, and will notify you any material changes on our website or in the App. If you continue to use the Service, you are agreeing to the modified Terms. If you do not agree to the modified Terms, then you may not use the Service.
Assumption of Risks
By using the Service, you willingly, knowingly and voluntarily assume any and all risks, including injury and damage, loss, or theft of property. You agree to take reasonable precautions before using the Service, including, but not limited to, consulting with your personal physician regarding your health and whether the Service are appropriate for you, wearing appropriate clothing and using appropriate gear. You acknowledge that while using the Service, there may be risks, including but not limited to: collision with other persons or objects; and obstacles or hazards, such as uneven terrain. You waive and release Twelve22 from any and all claims, damages, losses, expenses or liability which may come as a result of the use of the Service.
Disclaimer of Warranties
The Service are provided on an “AS IS” basis, without any warranties of any kind, expressed or implied. Twelve22 does not warranty the quality, accuracy, security or reliability of any of the Service.
Limitation of Liability
Twelve22 shall not be liable for any damages, including but not limited to, loss of revenue or profits, loss of data, or other intangible losses, from the use of the Service or related to the Terms of Service. To any extent not prohibited by law, Twelve22 shall not be liable to you for more than the amount you have paid to Twelve22. In the event that you have not paid anything to Twelve22, you acknowledge and agree that any dispute with Twelve22 will be resolved by the discontinuation of the use of the Service.
Indemnification
You agree to indemnify, defend and hold Twelve22, and the employees and officers of Twelve22, harmless from and against all claims, demands, damages or other losses (including attorneys’ fees and costs), incurred by any third-party as a result of your use of the Service.
Dispute Resolution
These Terms and the Service are governed by the laws of the State of California, regardless of from where you access the Service. You agree that the exclusive place of jurisdiction for all disputes or claims relating to the Service and/or these Terms is Santa Clara County, California, or the United States District Court for the Northern District of California, except as otherwise agreed by the parties or as described in the Arbitration Agreement, below.
You must try to informally resolve any dispute directly with Twelve22 for at least sixty (60) days before you start an arbitration. To start an informal dispute process, send your full name, address, phone number, email and details of your dispute to us at Twelve22, LLC, P.O. 3727, Saratoga, CA 95070. If the dispute cannot be resolved informally within 60 days, you and Twelve22 agree to resolve any disputes exclusively in final and binding arbitration.
Arbitration is a process where two parties present their case to a neutral arbitrator rather than a judge or jury. Arbitration is less formal than court litigation and review of an arbitrator’s decision by a court is limited. By agreeing to these Terms of Service, both you and Twelve22 are choosing arbitration and giving up the right to have any dispute between us heard in court before a judge and/or jury. You and Twelve22 also agree that arbitration will be conducted only on an individual basis and not as a representative or member of a class, and each of us waives any right to file a class action or seek relief on a class basis.
You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The party who desires to initiate arbitration is responsible for the filing fee and must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration will be conducted in English by a single arbitrator, selected by the parties from the AAA’s roster of arbitrators. If the parties cannot agree to an arbitrator within ten (10) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator per AAA Rules.
Arbitration must be conducted within thirty (30) days from the appointment of the arbitrator. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by phone, online, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Santa Clara County, California.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of “Limitation of Liability” as to the types and amounts of damages for which a party may be held liable.
Severability.
With the exception of any of the provisions in the Class Action Waiver, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.