Wecora provides a collection of online tools (“Tools”). These Tools are provided to subscribers on a trial or subscription basis. The Tools are currently only available by securely logging into your account at http://wecora.com or through our mobile web sites.
The Tools provided include, but are not limited to, online virtualization boards, commenting systems, methods of organizing and storing project photos, project management and social sharing platforms. The Tools also include systems for uploading photos and product information as well as clipping photos from third-party websites.
Wecora makes no guarantee regarding the availability or functionality of these Tools nor the availability of the data stored through the use of these Tools. Wecora will use commercially reasonable efforts to maintain the Tools and data provided, but the Professional assumes the risk that data stored may be lost.
Access to the Tools is provided on a trial or paid subscription basis (both being referred to herein as a “Subscription”). Paid Subscriptions are billed monthly through a third-party payment platform known as “Stripe.com,” a PCI compliant secure processing solution. Monthly subscription prices vary based on the Professional, engagement and promotion, and may change from time to time.
A trial plan may be provided to Professionals to demonstrate Wecora. During this period, limitations may be placed on features and/or storage space requirements. Wecora reserves the rights to change the features and storage requirements associated with trial accounts at any time for any reason. Trial accounts may also be terminated at the decision of Wecora if Wecora believes the account is not acting in the best interest of the Company.
A Professional may cancel the Professional’s Subscription at any time. Cancellations will take effect immediately, and the Professional will be billed for the current outstanding usage charges related to the Subscription on a pro-rated basis based on the number of days elapsed in the current billing cycle for the Subscription. For example, if a Professional is paying $30 per month for the Subscription and cancels the Subscription 10-days after the start of their current billing cycle which contains a total of 30 days, the Professional will be charged only $10 for the 10 days of usage.
Wecora does not offer any refunds of any amounts paid to Wecora.
Any and all Work Product created by the Professional during a Subscription (either a trial Subscription or a paid Subscription) is owned by the Professional. For the purposes hereof, the term “Work Product” means and refers to the specific grouping of items and information created by the Professional which includes, but is not limited to, projects, boards, product information, pricing and budgeting. The term “Work Product” does not include any portion or all of the Service or the Tools. In the event of a termination of a Subscription, for any or no reason, or in the event that a trial Subscription concludes without the Professional entering into a paid Subscription with Wecora, all access to the Work Product of the Professional or those with whom the Work Product may have been publicly or privately shared will be terminated. Furthermore, Wecora reserves the right to delete any and all Work Product after the termination of any Subscription. The Professional understands and acknowledges that he, she or it will lose all rights and access to any Work Product previously created. The Professional may be allowed to download the data constituting his, her or its Work Product at such times and in such formats as determined by Wecora in its sole discretion.
Wecora offers Tools that allow the Professional and their Clients to easily communicate and discuss various projects. These Tools also allow for various levels of access to different information provided by the Professional. The Professional assumes full responsibility of the level, details and accuracy of any and all information shared using the Service or Tools. Wecora cannot grant or change Professional or Client permissions at the request of any third-party, and any requests by individuals for access to information will be routed to the relevant Professional.
Wecora utilizes a number of third-party systems to provide the Tools we offer to Professionals. These third party systems include, but are not limited to, image hosting, payment processing, analytics, mobile access, email and real-time communication. From time to time these services and systems may become unavailable which negatively impacts the availability and use of the Service and Tools. Wecora makes no guarantees regarding the availability or uptime of these services, the Service or the Tools.
You acknowledge that any third-party images either uploaded or clipped using the Wecora “Bookmarklet” or through other means, such as photos taken via a mobile application, are the property of the third-party and protected under applicable law. Wecora reserves the right to remove any and all images and data which Wecora deems, in its sole discretion, to infringe upon the rights of any other person.
The Professional, by virtue of his, her or its use of the Service or the Tools, pursuant to a Subscription or otherwise, grants Wecora an irrevocable, worldwide, royalty free right and license to use the Work Product and images uploaded by Professional. Wecora will provide proper attribution upon request of the Professional or other person with rights to such Work Product or images.
From time to time Wecora may offer products or services (“Offerings”) from third-parties. Wecora has no control or liability for the Offerings. As such, Wecora makes no guarantees or claims regarding the quality, performance, accuracy or legality of the Offerings. The inclusion of the Offerings is strictly for your convenience and your selection of these Offerings is optional. Any Offering you access is done entirely at your own risk, regardless of our promotion or recommendation of said Offering.
The Site features a number of external links to various third-party websites, including social media sites such as Facebook, Houzz and Twitter. Inclusion of these links does not represent any relationship between Wecora, the Service or the Tools and such third-party websites. Furthermore, any material on third-party websites accessed through the site provided by Wecora is owned by, controlled by and the responsibility of the third party provided such website.
You may link to this site provided by Wecora from any website that does not contain or reference illegal, obscene, unethical, or violent acts. Wecora reserves the right to request immediate removal of any inbound links to this site in Wecora’s sole discretion. By linking to this site, you are not granted any form of a license to any property of any Professional, Client or Wecora including, but not limited to, the Service, the Tools, Work Product or other of our products, copyrights or intellectual property.
Wecora imposes certain restrictions on your use of the Service and Tools. You are prohibited from violating or attempting to violate any of the following: (a) bypassing or otherwise affecting the integrity and effectiveness of the security controls of this site, the Service or the Tools; (b) accessing the Service or Tools other than through a valid Subscription; (c) attempting to scan or probe for site or security vulnerabilities; (d) attempting to cause any DOS (denial of service) attacks or using any other means that may result in this site, the Service or the Tools becoming inaccessible to others; and (e) using this site, the Service or the Tools to send e-mail, promotions, direct mail or advertisements for any products and services or any other use in violation of any law.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICE AND TOOLS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICE, TOOLS, OR CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE, TOOLS OR CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICE, TOOLS, CONTENT, MATERIALS OR THE SERVERS THAT COMPRISE THE SITE, SERVICE AND TOOLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, TOOLS OR CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE, SERVICE AND TOOLS AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
UNDER NO CIRCUMSTANCES SHALL WECORA OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES OR EXPENSES, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE OR TOOLS OR FUNCTIONS OF THE SITE, SERVICE OR TOOLS; (B) YOUR RELIANCE UPON THE SITE, SERVICE OR TOOLS OR THE CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE; OR (C) PROVISION OF, OR FAILURE TO PROVIDE, THE SERVICE OR TOOLS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE, SERVICE OR TOOLS OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICE OR TOOLS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE, SERVICE AND TOOLS AND CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS HEREOF.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR UTILIZING THE TOOLS OR SERVICE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE, THE SERVICE OR THE TOOLS.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, SERVICE OR TOOLS, OR TO DENY ACCESS TO THE SITE, SERVICE OR TOOLS TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
You shall indemnify, defend, and hold harmless Wecora and each of its affiliates and their respective officers, directors, shareholders, employees, agents, contractors, partners, and representatives (collectively, the “Indemnitees”), from and against any and all liability, demands, claims, losses, damages, recoveries, settlements, costs and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) (“Losses”), known or unknown, contingent or otherwise, directly or indirectly arising from or related to your violation of this Agreement, your use of the Tools or Service, any content you post or share on or through this site, the Service or the Tools, or any violation by You of applicable law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Tools (“Submissions”), provided by you to Wecora are non-confidential and shall become the sole property of Wecora. Wecora shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The laws of the State of North Carolina, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Wecora or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Mecklenburg County, North Carolina, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Mecklenburg County, North Carolina. YOU AND WECORA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, TOOLS OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties under this Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties.
Wecora respects the intellectual property of others, and we ask Professionals and Clients to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Wecora has adopted a policy of terminating, in appropriate circumstances and at Wecora's sole discretion, the Subscriptions of Professionals who are deemed to be repeat infringers. Wecora may also at its sole discretion limit access to the site, Service or Tools and/or terminate the Subscriptions of any Professionals who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a notice of infringement with Wecora’s copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. The notice of infringement shall include:
You may contact the company at the following address:
19825 North Cove Rd, #173
Cornelius, NC 28031
help (at) wecora (dot) com.