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Terms And Conditions

Effective Date: December 21, 2022

Last Updated: December 21, 2022

These terms constitute a binding agreement (“Terms”) between you and First Choice Consulting & Marketing (“us”, “we”, or “our”), that govern your access to and use of http://www.getwhackd.com (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read the Terms carefully before you start to use the Website.

This Website is offered and available only to users who are twenty-one (21) years of age or older residing in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are at least twenty-one (21) years of age and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. BY CONSENTING TO THEM, YOU WAIVE THE RIGHT TO A TRIAL BY JURY AND AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND FIRST CHOICE CONSULTING & MARKETING BY MANDATORY INDIVIDUAL ARBITRATION. YOU ALSO AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By accessing the Website, you acknowledge that you have read these Terms, our Privacy Policy (incorporated by reference) and agree to be bound by them. If you disagree with any of these Terms or the Privacy Policy, please immediately cease all access to or use of the Website.

Prohibited Acts

 

In addition to these Terms, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including applicable rules governing online conduct.

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;

  • selling, sublicensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using this Website in any way that is or may be damaging to this Website;

  • using this Website in any way that impacts user access to this Website;

  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;

  • using this Website to engage in any advertising or marketing.

First Choice Consulting & Marketing reserves the right to terminate your access to and use of the Website in its sole and absolute discretion without notification or compensation to you. We will also take appropriate legal action for any illegal or unauthorized use in violation of these Terms.

Intellectual Property Rights

 

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are exclusively owned by First Choice Consulting & Marketing, its licensors, or other providers of such material. All rights to such material are expressly reserved.

The materials on our Website are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may only access the Website for your personal, non-commercial use. Any attempt by you to download, store, or transmit any of the materials on our Website for any purpose not expressly authorized under these Terms is strictly prohibited without our consent. If we have not given you written permission, you may not display, duplicate, modify, distribute, sell, license, display, reverse-engineer, or create derivative works of the materials on our Website.

You acknowledge that no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by First Choice Consulting & Marketing. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may be fully prosecuted to the extent permissible by law.

Copyright

 

Unless otherwise indicated, all website materials, including, without limitation, the WHACKD! logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of First Choice Consulting & Marketing or its licensors. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this website—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of First Choice Consulting & Marketing is strictly prohibited.

No Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, 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.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIRST CHOICE CONSULTING & MARKETING NOR ANY PERSON ASSOCIATED WITH FIRST CHOICE CONSULTING & MARKETING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FIRST CHOICE CONSULTING & MARKETING NOR ANYONE ASSOCIATED WITH FIRST CHOICE CONSULTING & MARKETING REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, FIRST CHOICE CONSULTING & MARKETING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Changes to the Terms

 

We may revise and update these Terms of Use from time to time in our sole and absolute discretion without notice or the duty to notify you. All changes are effective and will govern all access to and use of the Website on the date such modifications are made and posted (as displayed on the top of this page). It will be your responsibility to check this page from time to time and familiarize yourself with any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Contact Information

 

Questions about our Terms & Conditions should be sent to us at:

sales@getwhackd.com

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Oklahoma, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Oklahoma for the resolution of any disputes.

Goods & Online Store Products (If Applicable)

 

Products available online through the Website may have limited quantities and are subject to return/exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at retailers. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue a product at any time. Any offer for any product or service made on this site is void where prohibited.

We are not obligated by law to ensure the quality of any products, services, information, or other material purchased or obtained to meet your expectations, or that any errors in the Service will be corrected.

Indemnification

 

You hereby indemnify to the fullest extent First Choice Consulting & Marketing from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Limitation on Liability

In no event shall First Choice Consulting & Marketing, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. First Choice Consulting & Marketing, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.

Severability

 

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Entire Agreement

 

These Terms constitute the entire agreement between First Choice Consulting & Marketing and you in relation to your use of this Website and supersede all prior agreements and understandings.

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