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TERMS OF USE


Acceptance of Terms of Use
IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS COMPLETELY AND CAREFULLY.

Techwyse Internet Marketing (the Company) owns and operates this website, located at http://www.whichabam.com/ (the website). This Terms Of Use agreement (the agreement) states the terms and conditions under which you may access and use the website. By accessing and using the website you are indicating your acceptance to be bound by the terms and conditions of this agreement. If you do not accept these terms and conditions, you must not access or use the website. If you are not satisfied with the terms, conditions, rules, policies, guidelines or practices of the Company operating the website, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. The Company may revise this agreement at any time without notice to you by updating this posting. Use of the website after such changes are posted will signify your agreement to such revised terms. You should visit this page periodically to review this agreement.

Disclaimer of Warranties
The Website and all content therein is provided solely in an “as is” basis. By accessing and using the Website you acknowledge and agree that use of the Website and the content therein is entirely at your own risk. The Company makes no representations or warranties regarding the web site and the content contained therein, including, without limitation, no representation or warranty:

  • that the web site and/or content will be accurate, complete, reliable, suitable or timely;
  • (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the web site will be of merchantable quality or fit for a particular purpose;
  • iii) that the operation of the web site will be uninterrupted or error free;
  • (iv) that defects or errors in the web site will be corrected;
  • (v) that the web site will be free from viruses or harmful components; and
  • (vi) that communications to or from the web site will be secure or not intercepted.

Security Please note that information sent or received over the Internet is generally unsecure and The Company cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

General
Any consent by The Company to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions and conditions therein shall remain in full force and effect without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with The Company that expressly reference this Agreement, this is the entire agreement between you and The Company relating to the matters contained herein.

Limitation of Liability
Subject to applicable law, in no event shall the Company, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if the Company knew, or ought to have known, of the possibility of such damages.

In no event shall the Company, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding twenty canadian dollars (c$20) even if the Company has been advised or ought to have known of the possibility of such damages.

In no event shall the Company, its officers, directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of the Company or your failure to protect your password or account information.

The Company expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the web site or any advertiser or sponsor of the Website (collectively, third-party user). Under no circumstances shall the Company and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from the web site.

If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to the web site, you do so entirely at your own risk.

You hereby release the Company and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the web site or by third parties through the web site.

Software Licenses and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by The Company, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to:

  • the terms and conditions of this Agreement, and
  • any additional terms and conditions which may be imposed on your access and use of such Software.

Except to the extent expressly permitted in this Agreement, you may not:

  • use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
  • sell, rent, lease, licence, transfer or otherwise provide access to the Software;
  • alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
  • decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.

Nothing contained in the Website shall be construed as granting you any right, title, interest, privilege or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.

All Software embedded or integrated into the Website is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.

Passwords
To use certain features of the Website, you may also need a username and password, which you will receive from the Company. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify The Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You agree that The Company cannot and will not be liable for any loss or damage arising from The Company's failure or your failure to protect your password or account information.

Termination
The Company may at any time, without notice to you, and at its sole discretion and without cause or reason, terminate your right to access or use the Website, (or any portion thereof). The Company may terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition contained in this Agreement or any other agreement you have with the company, express or implied.


WHICHABAM! Features

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Testimonials


Wow is all I can say! I have used other industry leading email marketing software packages but none have provided me with the features, service and safe sending rate that WHICHABAM! has. I am truly thrilled with the response I am getting from my campaigns. Comparing the results of our campaigns with WHICHABAM! to the others isn´t even moderately comparable. If you want results, I highly recommend giving WHICHABAM! a try. - Troy Weston - WestLists Company

 

I have been using email marketing software since the late 1990´s. No email marketing product in the industry comes close to providing the combination of price and measurement capabilities as WHICHABAM! Not only is the service the best in the business hands down, but I truly appreciated the stringent application process which confirmed the attention this company pays to quality clients and email delivery. This is the best email marketing program I have ever seen. - Danielle Demerino - Real Estate Talk

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