Terms of Service

These terms of service are entered into by and between You and PartWise, LLC (“PartWise,” “we,” or “us”). The following terms and conditions (“Terms”) govern your access to and use of www.part-wise.com (the “Site”), including any subscription-based, educational divorce and family law materials or content (together with the Site, the “Services”), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Services. By using the Site or Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here and incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. 

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with PartWise and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Updates to the Terms or Services

From time to time and in our discretion, we may revise and update these Terms. All updates are effective immediately when we post them (however, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services). Your continued use of the Services following the posting of revised Terms means that you accept and agree to any updates. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Access and Security

We reserve the right to withdraw or amend this Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users with paid subscriptions.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a username, password or any other piece of information as part of our account registration procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account credentials or any other breach of security of your account of which you become aware. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your account credentials and should exit from your account at the end of each session.

We have the right to disable any account credentials in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Services are owned by us or our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Services for your personal, non-commercial use only. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services or reference tools we make available for download for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.

If you wish to make any use of material on the Services other than that set out in this section, or have any other comments or concerns with respect to the Services, please address your request to: [insert contact email].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services or any content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content is transferred to you, and all rights not expressly granted are reserved by PartWise. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The PartWise name and all related names, logos, product and service names, designs and slogans are trademarks of PartWise or its affiliates or licensors. You must not use such marks without our prior written permission (which may be revoked in our discretion unless otherwise agreed by us in writing). All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation. 
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate PartWise or a PartWise employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm PartWise or other users.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer or database connected to the Site. 
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

Fees and Payments

PartWise reserves the right to charge fees for access to portions of or for the Services as a whole. You will not be charged for access to the Services unless we obtain your prior agreement to pay such charges. If at any time we require a fee for portions of the Services that are now or were previously free, we will give you advance notice of such fees. You may cancel a paid subscription at any time. You must pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital Services offered for sale through the Services by us. All fees and charges will be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

We will process any purchase transaction as promptly as possible.  Payments are processed through a third-party payment provider. By providing payment information, you agree that the payment information is complete, current, valid and accurate. If your payment authorization is later revoked, or your payment method expires, your subscription or access will be terminated.  Please contact us if you believe your subscription or access was terminated in error. Except as expressly stated in these Terms, all charges are nonrefundable unless otherwise agreed by PartWise in writing. 

Subscription pricing will be made clear during the order process. You agree to pay the price stated at the time of your order, together with any applicable taxes (which may vary depending on your location and we may not be able to notify you of changes in advance). You also agree to the billing frequency stated at the time of your order.  All pricing is in U.S. dollars.

If we determine a stated price is in error, we are not under any obligation to provide the Service at the erroneous price and reserve the right to cancel or terminate an order with erroneous pricing.  We will notify you of the error and either provide a refund or allow you to cancel your subscription. You may incur additional charges from third party service providers, such as telecommunications fees or data fees when accessing any content or Services. You are responsible for paying any such third-party charges.

If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to Services or cancel your subscription.  If your credit card expires or your payment method is otherwise invalid, we may not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel or we, in our sole discretion, decide to terminate your account. In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, reasonable attorneys' fees, collection agency fees and any other associated costs.

Changes to Pricing

We may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion by providing written notice to you.  If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of the Services after the changes become effective will constitute your acceptance of the changes. 

Recurring Subscriptions

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel or terminate your subscription. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (i) you terminate your subscription or account; (ii) you cancel your subscription as set forth in these Terms; (iii) we decline to renew your subscription; or (iv) these Terms are otherwise properly terminated as expressly permitted herein. 

One-Time Purchases

When you make a one-time purchase through PartWise, we will charge or debit your payment method at the time of purchase.

Cancellations and Refunds

When you cancel a PartWise subscription, you cancel the future charges associated with your subscription account. You may initiate your cancellation at any time, but the cancellation will take effect at the end of the applicable billing period. In order to avoid future charges, you must cancel your subscription prior to the end of your current subscription period. You may look up your account information and next billing period in your user profile. If you cancel prior to the deadline, you will not be charged or you will be eligible to receive a refund for additional charges. 

Once you cancel a subscription account, you may have limited access to the Services available through the Site. You may initiate a cancellation by: Using the “cancellation” feature in your account settings.

EXCEPT AS STATED IN THESE TERMS, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE.  If you cancel a subscription, your are not entitled to receive a refund or credits for any time remaining in your current billing period, though you will continue to have the same access and benefits for the remainder of your current subscription period. 

PartWise reserves the right to issue refunds or credits in our sole discretion. Any refund or credit issued by us does not create any obligation for PartWise to issue a similar refund in the future. Without limiting any other remedies available to PartWise, we reserve the right to suspend or terminate your subscription or access to the Services as stated in these Terms. If we cancel your subscription, we may give you a pro-rata refund based on the amount of time remaining in your billing period that you cannot use if our cancelation was not based on your violation of these Terms. If any or all of the Services are temporarily unavailable, you will not receive a refund. If we issue a discretionary refund or credit, we are under no obligation to issue the same or similar refund in the future.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

Links from the Site

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Minnesota in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. 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 SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO THE SERVICES.

You acknowledge that the Services and any results of the Services do not and are not intended to constitute legal, tax, or other professional advice. All information, content, and materials available through use of the Services are for general informational purposes only.  The Services may not constitute or comply with the most up-to-date laws, regulations, or guidance, or be compliant with the requirements of any particular jurisdiction.  Use of, and access to, the Services does not create any attorney-client relationship between PartWise or any PartWise employee and any user or other person.

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

PARTWISE 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 PARTICULAR PURPOSE.

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

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PARTWISE AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID FOR ANY APPLICABLE CONTENT OR SERVICE FOR THE SUBSCRIPTION PERIOD OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct, or any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless PartWise, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Contributions, any use of the Services other than as expressly authorized in these Terms.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notices

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You consent to receive notifications from PartWise electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

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Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and PartWise, LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.