GENERAL TERMS & CONDITIONS

12. DISCONTINUED SERVICES; END OF LIFE POLICY

Wiser Decisions reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Wiser Decisions makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Wiser Decisions, in any way, effective on the EOL date.

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Notice and Migration.
In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Wiser Decisions will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Wiser Decisions in its sole and absolute discretion. Wiser Decisions may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify users by placing information on the site to this effect thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Wiser Decisions in its sole and absolute discretion, Wiser Decisions will not be required to offer a comparable feature or functionality for the Service or a refund.

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No Liability.

Wiser Decisions will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

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13. BETA SERVICES

From time to time, Wiser Decisions may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services." If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:

(i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly;

(ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures;

(iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments;

(iv) Wiser Decisions reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time;

(v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;

(vi) Wiser Decisions may limit availability of customer service support time dedicated to support of the Beta Services;

(vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Wiser Decisions may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Wiser Decisions;

(x) The Beta Services are provided “as is”, “as available”, and “with all faults”.

 

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Wiser Decisions. To the fullest extent permitted by law, Wiser Decisions disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

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14. COMMERCIAL TERMS INCLUDING FEES AND PAYMENTS

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax (if applicable) is available on the payments page and will be displayed to you as part of your cart checkout process.

You agree that your Payment Method may be charged by one of our affiliated entities. Your payments will be processed in the United States and you agree that any charges in United States dollars (USD) will be translated to an equivalent amount by your payment provider based on its prevailing currency transaction levels at the moment of the transition and according to your terms and agreements with your payment provider, in the payment provider's sole discretion; no statements or warranties in regards to transactions involving payers from locations outside the United States are made. Your transaction will be processed by Decide Well, LLC. 

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(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

 

Payment Due at Time of Order; Non-Refundable.
You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

 

Price Changes.

Wiser Decisions reserves the right to change its prices and fees at any time, and such changes shall either be posted online at this Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

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Payment Types.
Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”:
 

(i) valid credit card;

(ii) “Good As Gold Prepaid Services” (defined below);

(iii) electronic payment from your personal or business checking account, as appropriate (and as defined below);

(iv) PayPal;

(v) International Payment Option (as defined below);

(vi) via In-Store Credit balances, if applicable (and as defined below); or

(vii) any other method you use to pay for Services as determined by Wiser Decisions in its sole and absolute discretion, each a “Payment Method."

 

You acknowledge and agree that we may store your successful Payment Methods, as determined by us, used to pay for a Service as a Payment Method that we may use for payment for future purchases or renewals. You can manage your stored Payment Methods and view or change your automatic renewal settings at any time by logging into your Wiser Decisions account.

 

The “Checkout” feature automatically places an order for the applicable Service and charges the Payment Method you designate. Confirmation of that order will be sent to the email address you provide to the site. Your Payment Method on file must be kept valid if you have any active Services in your Account. In addition, you agree that the location for the processing of your payments may change for any reason, including the type of Payment Method chosen, the currency selected, or changes or updates made to your Payment Method.

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Refunds Issued.
You agree that where refunds are issued to your Payment Method, Wiser Decisions' issuance of a refund receipt is only confirmation that Wiser Decisions has submitted your refund to the Payment Method charged at the time of the original sale, and that Wiser Decisions has no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establishes and regulates the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

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In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Wiser Decisions, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an In-Store Credit; (ii) via issuance of a Wiser Decisions check, which will be sent to the mailing address on file for your Account (or a mailing address that you provide). Wiser Decisions also has the right to offer an In-Store Credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.

 

Monthly Billing Date.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

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Auto-Renewal Terms.

Other than as required by applicable law, Wiser Decisions does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging into your Wiser Decisions account and changing your settings.

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IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL UNLESS OTHERWISE SPECIFIED ON THIS SITE. EXCEPT FOR REASONS DESCRIBED BELOW IN THIS SECTION, AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, WISER DECISIONS MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.

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UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, WISER DECISIONS WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL, SUBJECT TO SECTION 14(F) BELOW, ATTEMPT TO TAKE PAYMENT FIRST FROM THE PAYMENT METHOD ASSOCIATED WITH THE SERVICE(S) IN YOUR ACCOUNT ("PRIMARY PAYMENT METHOD"). IF THE PRIMARY PAYMENT METHOD FAILS, WE MAY ATTEMPT PAYMENT FROM YOUR DESIGNATED BACKUP PAYMENT METHOD(S) ON FILE WITH WISER DECISIONS ("DESIGNATED BACKUP PAYMENT METHOD"). IF THERE IS NO PRIMARY PAYMENT METHOD OR A DESIGNATED BACKUP PAYMENT METHOD ASSOCIATED WITH A SERVICE, OR A BACKUP DESIGNATED PAYMENT METHOD FAILS, YOU AGREE THAT WE MAY ATTEMPT TO CHARGE ANY OTHER PAYMENT METHODS ON FILE IN YOUR ACCOUNT ("ALTERNATE PAYMENT METHODS"). RENEWALS WILL BE CHARGED AT WISER DECISIONS’ THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND MAKE THE APPROPRIATE ADJUSTMENTS. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES PRIOR TO THAT DATE. IN OTHER WORDS, SHOULD YOU ELECT TO CANCEL YOUR PRODUCT AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND WISER DECISIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

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IN ADDITION, WISER DECISIONS MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION). IF WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, WISER DECISIONS WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. WISER DECISIONS MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO

(I) CANCELLING PRODUCTS AND

(II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.

FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND WISER DECISIONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

 

If for any reason Wiser Decisions is unable to charge your Payment Method for the full amount owed, or if Wiser Decisions receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Wiser Decisions may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services or access you may have previously secured. Wiser Decisions also reserves the right to charge you reasonable “administrative fees" for (i) tasks Wiser Decisions may perform outside the normal scope of its Services, (ii) additional time and/or costs Wiser Decisions may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Wiser Decisions in its sole and absolute discretion).

 

Typical administrative or processing fee scenarios include, but are not limited to

(i) customer service issues that require additional personal time or attention;

(ii) UDRP actions(s) in connection with disputes that require accounting or legal services, whether performed by Wiser Decisions staff or by outside firms retained by Wiser Decisions;

(iii) recouping any and all costs and fees, including the cost of Services, incurred by Wiser Decisions as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Wiser Decisions.

 

Wiser Decisions may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

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(B) PAY BY CHECK (ELECTRONIC PAYMENT)

By using Wiser Decisions’ pay by check option (“Pay By Check”), you can purchase Wiser Decisions Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars.

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It is your responsibility to keep your Checking Account current and funded. You agree that

(i) Check Services Provider or Wiser Decisions reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and

(ii) in such event, neither Check Services Provider nor Wiser Decisions shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and Wiser Decisions may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). Wiser Decisions is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for each U.S. State. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in U.S. Dollars.

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Wiser Decisions and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to Wiser Decisions and Check Services Provider. You further expressly authorize Wiser Decisions and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

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(C) INTERNATIONAL PAYMENT OPTIONS

Wiser Decisions offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Wiser Decisions. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Wiser Decisions.

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It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or Wiser Decisions reserve the right to decline a transaction for any reason and (ii) neither the IPP nor Wiser Decisions shall be liable to you or any third party regarding the same. You acknowledge that Wiser Decisions will not attempt to fulfill the Services purchased by you until Wiser Decisions receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Wiser Decisions does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Wiser Decisions account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Wiser Decisions receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Wiser Decisions may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Wiser Decisions reserves the right to issue refunds to an In-Store Credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Wiser Decisions will be net of the IPP Fees unless otherwise specified.

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(D) IN-STORE CREDIT BALANCES

In the event that your Account contains a credit issued by us, it may only be applied to the purchase of a Service (each an "In-Store-Credit") subject to the following terms:

(1) you may apply any available In-Store Credit to any future purchase of Services in your Account; and

(2) you authorize Wiser Decisions to apply any available In-Store Credits to any upcoming product renewals, outstanding administrative fees, chargebacks, or other fees related to your Account, including partial payments. Regardless of the amount of In-Store Credit available in your account, Wiser Decisions is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the In-Store Credit. In-Store Credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one In-Store Credit, then the credits will be processed according to the age of the credit, with the oldest In-Store Credit being applied first. If additional funds are required to complete the purchase or renewal, In-Store Credits held in a non-selected currency will be converted using Wiser Decisions’s daily exchange rate based on the age of the In-Store Credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Wiser Decisions may also impose an additional administrative fee.

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You can verify your available In-Store Credits at any time through your Account on the Wiser Decisions website. You acknowledge that In-Store Credits are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary In-Store Credits will expire two years after issuance or within any other time period Wiser Decisions may specify in your Account. In the event that Wiser Decisions terminates your Account, you acknowledge and agree that any remaining available In-Store Credits will be forfeited.

 

You also acknowledge that funds associated with your In-Store Credits will be held by Wiser Decisions and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you agree that Wiser Decisions is entitled to receive and keep any such amounts to cover costs associated with supporting the In-Store Credits functionality.

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(E) GENERAL TERMS REGARDING PAYOUTS FROM WISER DECISIONS

Wiser Decisions will make any payment(s) owed to you to the payment method of your choice, subject to the terms below (“Payout(s)”). In order to receive a Payout from Wiser Decisions, you will need to set up a payee and assign it to your account.

Payee Account Information

If for any reason Wiser Decisions is unable to process your Payout for the full amount owed, or if Wiser Decisions receives notification of a reversal or payment dispute, or is charged a penalty for any Payout, you agree that Wiser Decisions may pursue all available lawful remedies regarding such fees. Typical administrative or processing fee scenarios include, but are not limited to recouping any and all costs and fees, including the cost of Services, incurred by Wiser Decisions as the result of failed Payouts or other payment disputes brought by you, your bank or Payout processor. These administrative fees or processing fees will be deducted from any amounts due or directly debited from your Payout account.

Fee Changes. Wiser Decisions reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you.

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Return Policy
Wiser Decisions' programs are transmitted and offered AS IS in digital format. As a result, returns are not offered as there is no physical product to return. Further, the User's sole remedy for dissatisfaction with any program or digital product offered on the site is to be offered a credit toward another program or digital product offered by Wiser Decisions.

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15. ADDITIONAL RESERVATION OF RIGHTS

Wiser Decisions expressly reserves the right to access any Account and any data hosted by You through the services, as well as the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Wiser Decisions in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Wiser Decisions in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Wiser Decisions, its officers, directors, employees and agents, as well as Wiser Decisions' affiliates, including, but not limited to, instances where you have sued or threatened to sue Wiser Decisions, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Wiser Decisions’ business, operations, reputation or shareholders.

Wiser Decisions expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

 

Wiser Decisions expressly reserves the right to terminate, without notice to you, any and all Services where, in Wiser Decisions' sole discretion, you are harassing or threatening Wiser Decisions and/or any of Wiser Decisions' employees.

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Wiser Decisions Content.

Except for User Content, the content on this Site and within the Services, including without limitation Wiser Decisions data and the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks, logos contained on this Site and within the Services (“Wiser Decisions Content”), are owned by or licensed to Wiser Decisions in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Wiser Decisions Content is provided to you “as is," “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Wiser Decisions. 

No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Wiser Decisions reserves all rights not expressly granted in and to the Wiser Decisions Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

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You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Wiser Decisions website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

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16. MARKETING MESSAGES AND SPAM

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Individuals who join the Wiser Decisions site agree to receive promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time by emailing Deb@WiserDecisions.com. 

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No Spam. 
We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
 

1. Email Messages

2. Newsgroup postings

3. Windows system messages

4. Pop-up messages (aka "adware" or "spyware" messages)

5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

6. Online chat room advertisements

7. Guestbook or Website Forum postings

8. Facsimile Solicitations

9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must abide by all applicable laws and regulations in the geographic regions in which you use and or direct the use of the Site and Services, which include but are not limited to the CAN-SPAM Act of 2003 and the Telephone Consumer Protection Act in the United States. You must also abide by this no spam policy.

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Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email to Deb@WiserDecisions.com.

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Liquidated Damages. 
You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. 

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17. TRADEMARK AND/OR COPYRIGHT CLAIMS

Wiser Decisions supports the protection of intellectual property. If you would like to submit

(i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or

(ii) a copyright claim for material on which you hold a bona fide copyright, please email Deb@WiserDecisions.com. 

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18. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Wiser Decisions. Wiser Decisions assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Wiser Decisions does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Wiser Decisions from any and all liability arising from your use of any third-party website. Accordingly, Wiser Decisions encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

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Wiser Decisions expressly reserves the right to access any Account and any data hosted by You through the services, as well as the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Wiser Decisions in its sole and absolute discretion), including but not limited to the following:

(i) to correct mistakes made by Wiser Decisions in offering or delivering any Services (including any domain name registration),

(ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar,

(iii) to assist with our fraud and abuse detection and prevention efforts,

(iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations,

(v) to comply with requests of law enforcement, including subpoena requests,

(vi) to comply with any dispute resolution process,

(vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit,

(viii) to avoid any civil or criminal liability on the part of Wiser Decisions, its officers, directors, employees and agents, as well as Wiser Decisions' affiliates, including, but not limited to, instances where you have sued or threatened to sue Wiser Decisions, or

(ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Wiser Decisions’ business, operations, reputation or shareholders. 

 

​Wiser Decisions expressly reserves the right to terminate, without notice to you, any and all Services where, in Wiser Decisions' sole discretion, you are harassing or threatening Wiser Decisions and/or any of Wiser Decisions' employees.

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Wiser Decisions Content. 

Except for User Content, the content on this Site and within the Services, including without limitation Wiser Decisions data and the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks, logos contained on this Site and within the Services (“Wiser Decisions Content”), are owned by or licensed to Wiser Decisions in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Wiser Decisions Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Wiser Decisions. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Wiser Decisions reserves all rights not expressly granted in and to the Wiser Decisions Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

 

19. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. WISER DECISIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WISER DECISIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IV) ANY ACTION OR FAILURE TO ACT BY WISER DECISIONS CONSISTENT WITH THE TERMS OF THIS AGREEMENT, AND WISER DECISIONS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AUTO-GENERATED OUTPUTS INCLUDING TEXT, LOGOS, NAMES, SLOGANS, ETC. HAVE NOT BEEN REVIEWED FOR ACCURACY OR INTELLECTUAL PROPERTY CLEARANCE. WISER DECISIONS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE ACCURACY, RELIABILITY, WHETHER OUTPUTS MAY INFRINGE ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, ETC. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL LEGAL ADVICE BEFORE YOU RELY ON ANY AUTO-GENERATE OUTPUT.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE PROVIDED BY WISER DECISIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

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THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

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20. LIMITATION OF LIABILITY

IN NO EVENT SHALL WISER DECISIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO, FROM, OR THROUGH, THIS SITE OR THE SERVICES (INCLUDING ANY SITES OR SERVICES LINKED TO THIS SITE OR THE SERVICES (WHETHER THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) AND/OR ANY REMOVAL OR ATTEMPTED REMOVAL THEREOF, (IX) ANY REVIEW, SCANNING, ACCESS TO, AND/OR MODIFICATION OF THE SERVICES USED BY YOU, INCLUDING BUT NOT LIMITED TO ANY HOSTED ENVIRONMENT, (X) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (XI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WISER DECISIONS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (XII) ANY AUTO-GENERATED OUTPUTS CREATED USING THE SERVICES.

 

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WISER DECISIONS’ TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY A USER FOR THE COST OF THE PROGRAM OR DIGITAL OFFERING PURCHASED ON WISERDECISIONS.COM.

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THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

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21. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Wiser Decisions and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Wiser Decisions directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

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22. COMPLIANCE WITH LOCAL LAWS

Wiser Decisions makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

 

23. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

 

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

 

(A) Disputes. 
The terms of this Section shall apply to all Disputes between you and Wiser Decisions, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Wiser Decisions arising under or relating to any Wiser Decisions Services or Products, Wiser Decisions’ websites, this Agreement, or any other transaction involving you and Wiser Decisions, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND WISER DECISIONS AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR WISER DECISIONS FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

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(B) Binding Arbitration. 
You and Wiser Decisions further agree:

(i) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement;

(ii) this Agreement memorializes a transaction in interstate commerce;

(iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 20 of this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

 

(C) Small Claims Court. 
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

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(D) Dispute Notice. 
In the event of a Dispute, you or Wiser Decisions must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Wiser Decisions must be addressed to: Wiser Decisions, 100 S. Mill Ave, Tempe, AZ 85281, Attn.: Legal Department (the “Wiser Decisions Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If Wiser Decisions and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Wiser Decisions may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

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(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WISER DECISIONS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR WISER DECISIONS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

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(F) Arbitration Procedure. 

If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in this Agreement, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org or by calling 1-800-778-7879. If there is a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 20 of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for

(i) trade secret misappropriation,

(ii) patent infringement,

(iii) copyright infringement or misuse, or

(iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.

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(G) Initiation of Arbitration Proceeding. 
If either you or Wiser Decisions decide to arbitrate a Dispute, we agree to the following procedure:

1. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.adr.org (“Demand for Arbitration: Consumer Arbitration Rules”).

2. Send one copy of the Demand for Arbitration to AAA by mail at American Arbitration Association Case Filing Services 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.

3. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

 

(H) Hearing Format. 
In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Wiser Decisions or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wiser Decisions is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

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(I) Arbitration Fees and Payments.

1. Disputes involving $75,000.00 or less. Wiser Decisions will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Wiser Decisions’ last written settlement offer made before the arbitrator was appointed (“Wiser Decisions’ last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Wiser Decisions’ last written offer, Wiser Decisions will: (i) pay the greater of the award or $1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Wiser Decisions agree on them.

2. Disputes involving more than $75,000.00. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

3. Disputes involving any amount. In any arbitration you commence, Wiser Decisions will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Wiser Decisions commences, Wiser Decisions will pay all filing, AAA, and arbitrator’s fees and expenses. Wiser Decisions will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.

 

(J) Claims or Disputes Must be Filed Within One Year. 

To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.

 

(K) 30-Day Opt-out Period. 
IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY WISER DECISIONS BY E-MAILING DEB@WISER DECISIONS.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt out of the arbitration provision contained in Wiser Decisions’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in Wiser Decisions's Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.

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(L) Amendments to this Section. 
Notwithstanding any provision in this Agreement to the contrary, you and Wiser Decisions agree that if Wiser Decisions makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Wiser Decisions’s address) in this Agreement, Wiser Decisions will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

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(M) Severability. 

If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of this Agreement.

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(N) Exclusive Venue for Other Controversies. Wiser Decisions and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Maricopa County, Arizona, or the United States District Court for the District of Arizona, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.

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