Website Terms of Service
Effective Date: Mar 4, 2020
Whisper may modify the Site and/or these Website Terms from time to time without notice to you, except that if Whisper makes material changes to these Website Terms, we will post the revised Website Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Website Terms, you agree to be bound by the modified Website Terms.
1. Use of the Site.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Site and your parent or guardian has agreed to these Website Terms on your behalf). We do not knowingly collect or solicit personally identifiable information from individuals under 13. If you are under 13, please do not attempt to use the Site or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 13, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Whisper’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to any server or other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
2. Information Not Confidential.
The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Whisper or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Whisper. You agree to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. Whisper (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Without limiting the foregoing, as between you and Whisper, Whisper is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Whisper Mark. You may not use or exploit any Marks without prior written consent from Whisper.
3. Links to and from the Site.
The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by Whisper in any way and Whisper is not responsible for any content contained therein. These links do not imply Whisper’s endorsement of or association with any Third Party Site. Whisper is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.
4. Disclaimer of Warranties.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WHISPER (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING MEDICAL ADVICE). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WHISPER, ITS EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “WHISPER PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY WHISPER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY WHISPER PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE WEBSITE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
6. General Information.
These Website Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Website Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts located in or with jurisdiction over San Francisco County, California. The failure of Whisper to exercise or enforce any right or provision of these Website Terms does not constitute a waiver of such right or provision. If any provision of these Website Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Website Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Website Terms or transfer any of your rights or obligations hereunder without Whisper’s express written consent. Whisper may transfer, assign, or delegate these Website Terms and our rights and obligations without consent. These Website Terms inure to the benefit of Whisper’s successors, assigns and licensees. These Website Terms are the entire agreement between you and Whisper regarding the Site.