WEB SITE TERMS OF USE

Wow! You actually came to this page. Our lawyers made us include it and even told us to create a special link on our home page to take you here. At first, we thought the lawyers were being just a tad, ‘overly zealous’, but then we read the page. What a Netwakening! It's really important info for you to know. So be a smart cybersurfer and read the terms of using our site as listed below. It could prevent you from hearing from our lawyers, or worse yet, from really nasty people, like prosecutors.

We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want. 

By clicking the “I Agree” check box you are agreeing to our terms and conditions of this subscribers agreement for use of the web site located at http://www.wowtoday.net (“site”). Naturally, if you don’t agree with our terms, please do not use the site. We reserve the right to make any modifications that we deem necessary at any given time.

Access and Passwords

As part of our subscription process for the site you have selected or been assigned a particular username and password. You agree that you are the only individual entitled to access the site using your username or password, and you agree not to permit others to access the site under your sign up information. If you lose your username or password our system can quickly generate you a new one. Just contact us at admin@wowtoday.net or click the "forgot password" link on the sign in page.

Plain English Version:

If something happens under your log on name, the excuse that it was your mad Aunty Ethel who posted that nasty comment on the notice board and not you, won’t cut it. You will be held accountable for any actions conducted under your username and password. 

Subscription Fees & Payments

During our launch we will be offering women the opportunity to join our site for free. If however you wish to purchase an upgrade membership (business owners for example), you will always be able to find our current subscription fees posted on the site. If you choose an annual fee based subscription your membership will renew automatically, unless terminated by WOWtoday.net or until you notify us by email of your wish to terminate your subscription. Please give us at least 2 weeks notice so we have time to cancel your scheduled automatic payment. All fees and charges are non refundable. If we should have an increase in membership dues you will be given advance notice by email and will find new fee schedules posted on the site. All fees and charges incurred in connection with your WOWtoday.net username and password will be billed to the credit card designated during the registration process for the site or subsequently designated by you to WOWtoday.net. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the site using your username and password without your authorization, you may email us at admin@wowtoday.net. You are also responsible for any fees or charges incurred to access the site through an internet service provider or other third party service. You, and not WOWtoday.net are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.

Plain English Version:

If we do anything to change your current membership dues we will let you know via email. If you sign up for a paid membership it will renew each year unless you tell us otherwise. But, you can choose to cancel out of your membership renewal by simply sending us an email. We are not responsible for paying your internet connection costs to access the site, (I know, it sounded crazy to us too, but apparently there are people out there that expect that this should happen).

Privacy

Our privacy notice is part of this agreement and the terms are incorporated herein by this reference. Please read it now.  You will find our privacy link on the home page of this site.

User Conduct

Our site contains numerous ways that you can connect with other members and share information including, forums, blogs and other communication facilities to help you connect with others on the site. Please remember that if you are going to post your private information in a public area – all WOW members will see it. So if you have something that you would rather that the whole world didn’t know about you (or in our case the whole WOW membership base) please don’t post it up there.   

You also agree that you will not post any material, comments, suggestions, photo’s, anything that is likely to hurt, offend or embarrass anyone else. This includes information that is vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material. Your information shared cannot be illegal, defamatory or anything that is likely to get either you or us in hot water with the authorities. Other things you can’t do on our site includes; political campaigning, commercial solicitations, chain letters, mass mailings or sending any form of spam. You may not use a false email or postal address, impersonate any person or entity or otherwise mislead as to the origin of your posted content. 

Any opinions, advice, statements, services, offers or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of WOWtoday.net nor it’s affiliates, or any of their officers or directors. You acknowledge that WOWtoday.net does not pre-screen all content, but that WOWtoday.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the communication services. Without limiting the foregoing. WOWtoday.net and its designees shall have the right to remove any content that violates this agreement or is otherwise objectionable. You specifically agree that WOWtoday.net is not responsible for any content sent using and /or included in the site by any third party. Information contained in the resources area of the site should not be considered as a replacement for seeking professional advice. 

Plain English Version:

Play nice. Don’t do anything illegal or nasty on the site which may hurt others…or we’ll ask you to leave.

Coaches/ Consultants/ Solicitations

WOWtoday.net assists members by giving them access to Certified Professional Coaches that have been chosen for their skill, track record of success and expertise. We therefore ask that coaches and consultants who have not been pre-screened and approved by WOW, DO NOT advertise on the website via their profiles or in forums. WOWtoday.net has the right, without notice, to remove any content that it feels is detrimental to our company vision or is in direct competition with our programs.

Commercial posts or advertisements are not permitted to be placed in your profile. If you are a business owner you have the opportunity to place a sizeable ad in our Business Directory for a very reasonable cost which allows us to continue to offer the free service to members.

Copyright and Restrictions

This site is full of proprietary material which means it is protected by copyright and other laws respecting proprietary rights. WOWtoday.net retains all rights in the material, media, including (without limitation) all copyright and other proprietary rights worldwide in media. You may not use WOWtoday.net except as expressly permitted under this agreement and under U.S. Copyright laws. Any routine and /or systematic redistribution of any portion of the products licensed herein is expressly prohibited. 

End users who are duly authorized may access WOWtoday.net for individual use.  i.e., may view the information on the screen, may download small portions of the information to a computer disk for personal convenience and later reference and may print paper copies of small portions for personal use only.

You acknowledge that the information (and the liceneced materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or may cause WOWtoday.net and/or WOWtoday.net’s supplier’s irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by WOWtoday.net and/or any of WOWtoday.net’s suppliers. 

You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the agreement. 

You may not permit others to: reproduce, publish, distribute, sell or otherwise access or use any material retrieved from or contained in or on this site in any manner whatsoever that may infringe any copyright or proprietary interest of WOWtoday.net; distribute the information contained in and /on this site to other users not duly authorized to access the site; distribute, rent, sublicense, lease, transfer or assign the information or agreement; decompile, disassemble, or otherwise reverse-engineer this site or information contained in or on this site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproductions transfer, and/or use may be a violation of criminal as well as civil law. 

Plain English Version:

We are letting you use our information and services for your own personal use. It belongs to us or someone else that we are using with their permission. It is not yours to keep, change, or sell to your clients. If you take the information that you find on the WOWtoday.net site with the intention of passing it off for your own commercial use, we (and most likely our affiliates too) will sue the pant’s off you.   

Limitations on Use

The following activities are prohibited. You agree not to:

a) Use Web-accelerated browsers or products capable of copying large portions of content from the site.  WOWtoday.net can detect the use of these systems through live log file analysis and will not only ban future use by offenders but take possible legal action against them.

b) Use robots and crawlers, or similar technology, without the following robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check WOWToday.net links, it must operate according to the robot guidelines (see above) Do not leave new robots unattended and allow a minimum of 2 minutes between automated requests. 

c) Use any device, software or routine or the like to interfere or attempt to interfere with any site functionality.

d) Take any action that imposes an unreasonable or disproportionately large load on the site infrastructure.

e) Use any email addresses appearing on the site for the purposes not relating specifically to the site.

f) Access the site by other means other than through the interface that is provided by WOWtoday.net, or attempt to access any area of the site to which your access is not authorized. 

g) Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the site, except to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.

Plain English Version:

If you are using the site for the purpose of finding new friends etc, chances are none of the above will apply to you. The above information is for those who may have ‘other intentions’ for using our site. We want these people to know that we have an advanced security system in place that lets us know what is going on. If someone is copying files or doing other things within our database which is in direct violation of our terms of use, we will know. Not only can we identify them through their IP address but we can tell exactly when and what they are attempting to do.  

Accuracy and Availability of Information

The site contains database information and other content compiled by WOWtoday.net. While we use reasonable efforts to provide accurate information, WOWtoday.net gives no warranty as to the accuracy of the database and other content on the site. WOWtoday.net reserves the right to withdraw or delete information or content from the site at any time. 

Plain English Version:

We do our best to keep info on the site up to date and accurate. If we see an error we will fix it but there is a possibility that from time to time something may slip beneath our radar that is out of date or not as accurate as we first thought. You agree that if this should occur that you will not hold us responsible for any content that you read on the site.

Links to Third Party Sites

WOWtoday.net does not endorse the content on any third-party web sites, including Web sites of WOWtoday.net’s affiliates. (“third party Sites”). WOWtoday.net is not responsible for the content of Third-Party Sites that you reach through the links on the site, sites framed within the site or third-party advertisements on the site. And we do not make any representation regarding their content or accuracy. Your use of third-party sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third Party site will be between you and the party providing the website. This means that WOWtoday.net is not your agent and is not a party to any transaction at a Third-Party Site.

Plain English version:

If you go to another site, and don’t like something you read or see; please talk to them, not us. We only provide these links for your enjoyment and unfortunately don’t have the time to monitor these sites constantly. If you do however find something offensive please let us know so we can remove the site from our links page. 

Representations and Warranties

You represent and warrant to WOWtoday.net that a) you possess the legal rights and ability to enter into this agreement; b) all information submitted by you to the site is true and accurate; c) you are at least 18 years old; and e) you will not use the site for any purpose that is unlawful or prohibited by this agreement.

Plain English Version:

You haven’t told us any porky pies about who you are, and you are over 18 years old. You also agree that you will not do anything illegal on our website.

Disclaimer of Warranties

WOWtoday.net will not be liable for any damages or injury that accompany or result from your use of any of its site.
These include (but are not limited to) damages or injury caused by any:

• use of (or inability to use) the site
• use of (or inability to use) any site to which you hyperlink from our site
• failure of our site to perform in the manner you expected or desired
• error on our site
• omission on our site
• interruption of availability of our site
• defect on our site
• delay in operation or transmission of our site
• computer virus or line failure
• please note that we are not liable for any damages, including:
• damages intended to compensate someone directly for a loss or injury
• damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages.")
• other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.")

We are not liable even if we’ve been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Exception: certain state laws may not allow us to limit or exclude liability for these "incidental" or "consequential" damages. If you live in one of those states, the above limitation obviously would not apply which would mean that you might have the right to recover these types of damages.

However, in any event, our liability to you for all losses, damages, injuries and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they’re claimed under any other legal theory) Will not be greater than the amount you paid, if anything, to access our site. 

Plain English Version:

You are entering our site as an adult and at your own risk. If you choose to sue us (or any of our affiliates) for damages for whatever reason, the most that you can claim back is the total amount paid for your membership fee to WOWtoday.net.  By agreeing to this agreement you are not holding us accountable for things which may be outside of our control. 

Indemnity

You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for, or incur any damages in connection with your breach of this agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of WOWtoday.net

Plain English Version:

You will be responsible for paying any of our legal fees, if we find ourselves in an adverse legal situation due to your misconduct from using our site. 

Consent to Electronic Notices and Other Communications

You agree that all of your transactions relating to the site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the site or via email to any email address that you provide to us during registration as a site member. If you do not wish to deal with us electronically, you should not use the site or enter this agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. 

Plain English Version:

You agree that you understand that we will be communicating with you electronically – via email. 

Print a Copy for Your Records

You agree to print or make an electronic copy of this agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing. 

Termination

WOW may terminate your subscription and/or access, or suspend access to all or part of the site, without notice, for any conduct that WOW, in its sole discretion, believes is in violation of this agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or WOW. WOW may also elect not to renew your subscription and access by providing a notice of non renewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this agreement. 

Plain English Version:

We have the right to cut short your membership or refuse to renew your membership if we believe that your conduct on the site is inappropriate or breaks any of our terms of service.

Assignment

You agree not to assign your rights under this agreement without the consent of an authorized representative of wow in a non-electronic record, and any assignment without WOW’s consent will be void able at WOW’s option. This agreement will injure to the benefit or and bind the parties respective successors and permitted assigns.

Plain English Version:

You cannot turn over your membership to someone else without letting us know and getting our permission to do so. If you would like to transfer your membership please contact us immediately. 

Applicable Laws and Disputes

This agreement is governed by the laws of the State of Virginia, without regard to the principles of conflict of laws. To the extent you have in any manner violated ort threatened to violate WOW and/or its affiliates intellectual property rights, WOW and/or its affiliates may seek injunctive or another appropriate relief in any state or federal court in the State of Virginia, and you may consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows.

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed upon mediator in the following location: Chesapeake. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation we agree to submit the dispute to binding arbitration at the following location: Chesapeake, under the rules of the American Arbitration Association. 

Plain English Version:

In the event that you have a dispute with WOW we will all behave like grown ups and try to work out the problem with a third neutral party, i.e. mediation. You agree that you would be willing to conduct any meetings/sessions in Chesapeake, Virginia and that you will pay half of any costs associated in this process. If this all sounds kind of mean and undiplomatic, you should have seen what the lawyers gave to us in the first place. We had to remind them that human torture and sacrifice was outlawed in the United States. Boy, did they look disappointed!

Software

Software that we use on this Site is protected by all sorts of patriotic U.S. laws. Because of that, you can't download or send the software to anyone in the vacation travel spots of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country where United States has embargoed goods; or to anyone on the United States Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or the FBI's Most Wanted Internet Creeps List (just kidding on this last one). As if that were not tough enough, if you live in or are a national of any of those lovely places, you're not even supposed to be reading this page. Sorry, their rules not ours. 

Amendments

WOW may change the provisions of this agreement. When WOW changes the terms of this agreement, WOW will notify you by email or online postings on this site. The changes will also appear in this document, which you can access at any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the site again and you should cancel your subscription to the site. Even if you have not clicked the “I agree” button or checked the I agree box when subscribing, if you use the site after you have been notified of a change to this agreement you are agreeing now to be bound by that change. 

Entire Agreement; Severability; No Waiver

This agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this agreement may be waived by WOW except in a signed, non-electronic writing signed by an authorized representative of WOW. 

General

If any provisions of this agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provision will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and WOW or its affiliates as a result of this agreement or your use of the site.

March 2006

WOWtoday.net