Policies

These Terms of Use ("Terms") constitute a legally binding agreement between you and Whisper2Owner ("we," "us," or "our"). By accessing, browsing, registering for, or using the Whisper2Owner platform, website, mobile applications, newsletters, and any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease all use of the Services.

We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, with or without notice. Your continued use of the Services following any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically. The current version will be posted on our website with the effective date.

2.1 General Eligibility: You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements.

2.2 Business Representations: If you are accessing the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms and that the entity agrees to indemnify us for any breach of these Terms by you or the entity.

2.3 Compliance: You agree to comply with all applicable local, national, and international laws, rules, and regulations in connection with your use of the Services. You are solely responsible for ensuring your use of the Services is lawful in your jurisdiction.

3.1 General Description: Whisper2Owner provides information, consultation, facilitation, and connection services related to business development, market entry, government programs, funding opportunities, sales networks, and related business activities. The specific scope, nature, and availability of Services may vary and are subject to change without notice.

3.2 Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3.3 No Guarantees: While we strive to provide accurate and helpful information, we make no representations, warranties, or guarantees regarding the availability, accuracy, completeness, reliability, or results of any information or Services provided. Use of our Services does not guarantee any specific outcomes, approvals, funding, partnerships, or business results.

4.1 Account Registration: Certain features of our Services may require account registration. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You acknowledge that some account information may be permanent and non-modifiable once set.

4.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or security breach. We are not liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Suspension: We reserve the right to suspend, terminate, or restrict access to your account or the Services at any time, for any reason or no reason, with or without notice, including for violation of these Terms or for conduct we determine to be inappropriate, harmful, or contrary to our interests.

5.1 Fees and Charges: Certain Services may require payment of fees. All fees are stated in the currency specified at the time of transaction and are subject to change. You agree to pay all applicable fees and charges in accordance with the payment terms presented to you.

5.2 Billing Authorization: By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You represent that you have the legal right to use any payment method provided.

5.3 Refunds: Refund policies, if any, are determined on a case-by-case basis at our sole discretion. Unless otherwise specified in writing, all fees are non-refundable. We reserve the right to refuse refunds for any reason.

5.4 Additional Costs: You are responsible for any additional costs, including but not limited to taxes, duties, currency conversion fees, or other charges associated with your use of the Services.

6.1 Ownership: All content, materials, information, data, software, graphics, logos, trademarks, service marks, and other intellectual property displayed or made available through the Services are the exclusive property of Whisper2Owner, its licensors, or other third parties. Nothing in these Terms grants you any right, title, or interest in such intellectual property.

6.2 Restrictions: You may not copy, reproduce, distribute, modify, create derivative works, publicly display, republish, download, store, transmit, or otherwise use any content from the Services except as expressly permitted in these Terms or with our prior written consent. Any unauthorized use may violate copyright, trademark, and other laws.

6.3 User Content: If you submit, post, or transmit any content through the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form or medium.

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any systems or networks
• Use any automated means to access the Services or collect data without our express written consent
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Transmit any viruses, malware, or other harmful code
• Engage in any conduct that could damage, disable, or impair the Services
• Use the Services in any manner that could harm, disparage, or negatively affect us or any third party

8.1 "AS IS" Provision: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8.2 Information Disclaimer: We make no representations or warranties regarding the accuracy, completeness, reliability, or timeliness of any information provided through the Services. Any reliance on such information is at your own risk.

8.3 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHISPER2OWNER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED CANADIAN DOLLARS ($100 CAD), WHICHEVER IS LESS.

You agree to indemnify, defend, and hold harmless Whisper2Owner and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you submit or transmit through the Services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

10.1 Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve any dispute informally for at least thirty (30) days.

10.2 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved by binding arbitration in accordance with applicable arbitration rules. The arbitration shall be conducted in a location determined by the arbitrator, and judgment on the award may be entered in any court having jurisdiction.

10.3 Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. TO THE EXTENT PERMISSIBLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS.

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where Whisper2Owner operates, without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of courts in that jurisdiction for any matters not subject to arbitration.

The Services may contain links to third-party websites, services, or resources. We are not responsible for and do not endorse the content, products, services, or practices of any third parties. Your interactions with third-party services are solely between you and the third party. You acknowledge and agree that we shall not be liable for any damages or losses arising from your use of third-party services.

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. We reserve the right to use data in aggregate or anonymized form for any purpose.

By using the Services or providing your contact information, you consent to receive communications from us, including emails, newsletters, marketing materials, and other notices. You may opt out of certain communications by following the unsubscribe instructions provided, but you may not opt out of non-promotional, administrative, or legal communications.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

We may assign or transfer these Terms or our rights and obligations hereunder, in whole or in part, without notice or obtaining your consent. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent, and any attempted assignment without such consent shall be void.

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Whisper2Owner regarding the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

If you have questions about these Terms, please contact us at mario.xu@wtheory.com. Any notices to you may be sent to the email address you provided or posted on our website.