Conditions of Use

This Terms and Conditions of Use Agreement (“Agreement”) applies to Your use of the Wakeeson.com website, which is owned and operated by Wakeeson, Inc. (“Wakeeson” or “we” or “us” or “our”), with a current URL of: http://www.wakeeson.com/ (referred to herein as the “Website”).Wakeeson reserves the right, at its sole discretion, to change, add or remove portions of this Agreement at any time. It is Your responsibility to check this Agreement each time before using the Website. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. You agree that all purchases by You will be subject to the terms of this Agreement as expressly set forth in this Agreement, which shall apply until Wakeeson posts a modified Agreement at which point Your future purchases will be subject to such modified Agreement. As long as You comply with this Agreement and any such modifications, Wakeeson grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Website.  

 1. Use of Website. Before making any purchases,  You agree to provide us with accurate, current and complete information about Yourself and Your billing information as prompted by the Account registration process.  You agree that Wakeeson will not be liable to You or to any third party for termination of Your access to the Website.

 2. Content; Copyright and Trademark Notice. All text, images, graphics, photographs, trademarks, logos, artwork and other content on the Website (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Website is owned or licensed by or to Wakeeson, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Agreement, no part of the Website and no Content may be reproduced, distributed, published, posted, publicly displayed, compiled, translated or transmitted in any way without Wakeeson’s prior express written consent. Except as expressly provided herein, You are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Wakeeson reserves all rights not expressly granted hereunder. Wakeeson expressly disclaims all responsibility and liability for uses by You of any Content obtained on or in connection with the Website.

MyHomeSoftware™ , the “MHS” logo, BookAccounts™,  MHSFinancialCalculators™ and EasyPrintEnvelopes™  are trademarks of Wakeeson. All other trademarks or service marks are property of their respective owners. The use of any Wakeeson trademark or service mark without Wakeeson’s express written consent is strictly prohibited.

 3. Consent to Collection, Use & Disclosure of Your Personal Information. The personal information that You disclose to us is protected as provided in the Wakeeson Privacy Policy, which is expressly incorporated into the Agreement by this reference. As a condition of registering with the Website or making any purchases of any products or conducting any transactions, You represent that You have first read our Privacy Policy and consent to the collection, use and disclosure of Your personal information and other information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Website, using any features or making any purchase, You agree that You will first review our Privacy Policy prior to making any initial or subsequent use of the Website or purchases.

 While Wakeeson takes reasonable steps to safeguard and to prevent unauthorized access to Your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to Your private information.

 4. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Website, You must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase of any goods on our Website, You must provide us with all payment information we require. This may include, but is not limited to, a valid credit card number and associated payment information including all of the following: (i) Your name as it appears on the card, (ii) Your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge Your card. By submitting credit card payment information to us, You hereby agree that You authorize us to charge Your card at our convenience but within thirty (30) days of credit card authorization. By submitting other payment information to us, you authorize us to be paid from that payment source. All software sales are final. All charges from software sales are nonrefundable. Other products are governed by the Return Policy

 5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by PayPal or other methods accepted by Wakeeson from time to time (each of which may be added or removed by Wakeeson in its sole discretion). If we offer or accept any other form of payment, You hereby agree to all restrictions, terms and conditions associated with such additional form of payment. If we accept a credit card for payment, Your card issuer agreement governs Your use of Your designated card, and You must refer to that agreement and not this Agreement to determine Your rights and liabilities as a cardholder. YOU, AND NOT WAKEESON, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless You notify Wakeeson of any discrepancies within sixty (60) days after they first appear on Your credit card statement, You agree that they will be deemed accepted by You for all purposes. If Wakeeson does not receive payment from Your credit card issuer or its agent, You agree to pay all amounts due upon demand by Wakeeson or its agents. You are responsible for paying any governmental taxes imposed on Your purchases, including, but not limited to, sales, use or value-added taxes. Wakeeson shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Wisconsin.

 6. Modifications to Prices or Billing Terms. WAKEESON RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE.

 7. Other Businesses. Wakeeson may provide links to the sites of affiliated companies and/or certain other businesses. Wakeeson is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Wakeeson does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 8. Indemnification. You agree to indemnify and hold harmless Wakeeson and its affiliates, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to Your violation of this Agreement, or Your violation of any law, regulation or third-party right.

 9. Warranty; Disclaimer of Warranties. SOFTWARE PRODUCTS OFFERED ON THE SITE ARE OFFERED SOLELY UNDER THE LICENSE AGREEMENT AND WITH THE WARRANTY INDICATED IN THE AGREEMENT FOR SUCH SOFTWARE PRODUCTS. THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” WAKEESON EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WAKEESON SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR WAKEESON  COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SITE WILL BE CORRECTED.

 12. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND, EXCEPT AS PROVIDED IN ANY SEPARATE LICENSE AGREEMENT, THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE REMAINS WITH YOU. IN NO EVENT SHALL WAKEESON OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, CONTENT AND/OR THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF OR INABILITY TO USE THE WAKEESON SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, ECONOMIC LOSS, STRICT LIABILITY OR OTHERWISE EVEN IF WAKEESON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY CONTAINED HEREIN. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND CONDITIONS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WAKEESON SHALL HAVE IS LIMITED TO THE LESSER OF ANY AMOUNTS ACTUALLY PAID TO WAKEESON BY YOU OR U.S. $5.00. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT ARE NOT THE RESPONSIBILITY OF WAKEESON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 13. General. No delay or failure to take action under this Agreement shall constitute any waiver by Wakeeson of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Agreement will continue in full force and effect. Section and subsection headings are included for convenience only and are not to be used to construe or interpret this Agreement. Any rights and duties of the parties which by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, limitation of liability, confidentiality, ownership and survival of obligations, shall survive the termination of this Agreement.  Any claim under the Agreement must be brought within one (1) year after the cause of action arises. This Agreement shall be governed by the laws of the State of Wisconsin without regard to or application of any conflict of laws provisions. Any claim or suit filed in connection with this Agreement shall be filed exclusively in state or federal courts (as appropriate) located in Dane County, Wisconsin, U.S.A. The parties agree that such court has personal jurisdiction over the parties and that venue is proper in such court. You agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to You. Breach of Your obligations in this Agreement will cause irreparable injury to Wakeeson for which there is no adequate remedy at law.  Wakeeson will be entitled to equitable relief in addition to all other remedies that may be available, without the posting of bond or other security, or if required, then the minimum bond or security required. This Agreement is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. Wakeeson may freely assign this Agreement and/or the right to receive payment without consent or notice. Purchase orders are accepted for accounting purposes only and any additional or different terms on such purchase order are expressly objected to by Wakeeson. This Agreement (including all documents expressly incorporated herein by reference constitutes the complete and exclusive agreement between Wakeeson and You with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

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