agreement

User Lisence
1. Acceptance of Terms

1.1 Welcome to WIPro. This User Agreement ("Agreement") is a contract between you and World Internet Inc. and applies to your use of the WIPro service. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use the service. 

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of WIPro. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a WIPro user. 

1.2 We may amend this Agreement at any time by posting the amended terms on our site, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:  https://www.worldinternetprofessionals.com/main/useragreement.php.

1.3 In order to use the service, you must register for an account. Our service is only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our service is not available to minors (under 18), persons who are suspended from our service, or to persons who present an unacceptable level of credit risk. 

2. The Legal Relationship between You and WIPro.

2.1 Agency Relationship. WIPro acts as a facilitator to help you accept payments from and make payments to third parties. We act as your agent based upon your direction and your requests to use our services that require us to perform tasks on your behalf. WIPro will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) WIPro is not a bank and the service is a payment processing service rather than a banking service, and (ii) WIPro is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

You are not required to keep funds in the WIPro system in order to use the service. If you do carry a U.S. Dollar balance in your WIPro account and do not enroll in the WIPro Money Market Fund, WIPro will pool your funds together with funds from other Users, and will place those funds in accounts at one or more non-interest bearing FDIC-insured banks ("Pooled Accounts"). Those funds may be eligible for FDIC pass-through insurance. Balances held in currencies other than U.S. Dollars will not be eligible for FDIC insurance. 

You agree that you will not receive interest or other earnings on the funds that WIPro handles as your agent. WIPro will also not receive interest on those funds, but may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. 

2.2 WIPro is only a Payment Service Provider. WIPro acts as a payment service provider by creating, hosting, maintaining and providing our service to you via the Internet. We do not have any control over the products or services that are paid for with our service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. 

2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize WIPro, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, WIPro cannot and does not guarantee any user's identity. 

2.4 Release. In the event that you have a dispute with one or more users, you release WIPro (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. 

2.5 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WIPro shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because our service is largely dependant upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. 

2.6 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. 

OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. 

2.7 Indemnification. You agree to indemnify and hold WIPro, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the service. 

2.8 Liability for Violations of the Acceptable Use Policy. If you engage in the following behavior, WIPro may fine you, as explained below. 

Using the WIPro service to receive payments for any sexually oriented or obscene materials or services in violation of WIPro’s Mature Audiences Policy.

Using the WIPro service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of WIPro’s Prescription Drugs and Devices Policy or the Drugs and Drug Paraphernalia Policy.

Using the WIPro service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity. 

You and WIPro agree that the damages that WIPro will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then WIPro may fine you $500.00 USD and/or WIPro may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $500.00 USD is presently a reasonable minimum estimate of WIPro’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to WIPro that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that WIPro is entitled to deduct such fines directly from any existing balance in the offending account, or any other WIPro account owned by you.

You agree that, if either you or WIPro commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

Fees. All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment. Additional information about WIPro's fees is available in the Fees Policy. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates. 


3. Your Information and Restricted Activities

3.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information. 

3.2 Restricted Activities. Your Information and your activities (including your payments and receipt of payments) through our service shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) consist of providing yourself a cash advance from your credit card (or helping others to do so), (d) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (e)violate WIPro's Acceptable Use Policy; (f) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (g) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (h) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (i) be obscene or contain child pornography; (j) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (k) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 

3.3 License. Solely to enable WIPro to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. WIPro will use and protect Your Information in accordance with our Privacy Policy. 

3.4 Trademarks. WIPro.com, WIPro, and all related logos, products and services described in this website are either trademarks or registered trademarks of World Internet Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of WIPro. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of WIPro and may not be copied, imitated, or used, in whole or in part, without the prior written permission of WIPro. 

Notwithstanding the above, HTML logos provided by WIPro through its Affiliate Program, Website Payments features, or Auctions Tools features ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to WIPro or the service. Logos may not be displayed in any manner that implies sponsorship or endorsement by WIPro. WIPro is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. 


Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the WIPro site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to WIPro by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of WIPro or the appropriate third party. If you use, or attempt to use the service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 


Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your WIPro account on a page which begins with https://www.WIPro.com/. All of our pages begin with https://www.WIPro.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.WIPro.com/cgi-bin/webscr?cmd=p/gen/privacy-outside. If you object to your information being transferred or used in this way, please do not use our services. 


Termination or Closing Your Account. You may close your account at any time by clicking the Close Account link in your Profile on the WIPro website. Upon closure of an account, any pending transactions will be cancelled and any balances associated with Redemption Codes (for programs such as eBay Anything Points, Gift Certificates, or Coupons) will be forfeited. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, WIPro may continue to hold your funds for up to 180 days as appropriate to protect WIPro against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, WIPro will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property. 

Remedies and WIPro's Right to Collect From You. Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; (d) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (e) your use of your WIPro account is deemed by WIPro, Visa, MasterCard, American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules, including (without limitation), using the WIPro system to test credit card behaviors. Even if they have been recorded as completed in the Recent Activity or History Transaction Log of your WIPro account, transactions are not considered completed until the funds have been charged to the customer's funding source (for payments) or posted to the customer's bank account (for withdrawals). In addition, WIPro reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your WIPro account. Additionally, to secure your performance of this Agreement, you grant to WIPro a lien on and security interest in your account. In addition, you acknowledge that WIPro may setoff against any accounts you own for any obligation you owe WIPro at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. WIPro may consider this Agreement as your consent to WIPro's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights. 

Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of WIPro. WIPro reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent. 


Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our services. 

4. Notices.

4.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the service ("Communications"), may be provided to you electronically and you agree to receive all Communications from WIPro in electronic form. Electronic Communications may be posted on the pages within the WIPro website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. WIPro reserves the right but assumes no obligation to provide Communications in paper format. 

4.2 Credit Report. You agree that WIPro may order and review your credit report with the sole purpose of assessing your fitness to hold a WIPro account and/or your ability to use the service or features thereof. 

4.3 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to WIPro Inc., Attn: Legal Department, 2211 North First Street, San Jose, California 95131 (in the case of WIPro) or to our online message center or the email address you provide to WIPro during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to WIPro during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 


5. Legal Disputes. 
In the event a dispute arises between you and WIPro, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and WIPro agree that any controversy or claim at law or equity that arises out of this Agreement or WIPro's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, WIPro strongly encourages users first to contact WIPro directly to seek a resolution. WIPro will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. 

5.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or WIPro may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 

5.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Santa Clara County, California or where the defendant is located (in WIPro's case, San Jose, California, and in your case, your home address or principal place of business). You and WIPro agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California. 

5.3 Alternative Dispute Resolution. WIPro will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Santa Clara County, California or another location mutually agreed upon by the parties. 

5.4 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover attorneys' fees and costs up to $1,000.00 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim. 

6. General. 
This Agreement is governed by and interpreted under the laws of the state of California, U.S. as such laws are applied to agreements entered into and to be performed entirely within California by California residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 16 hereof, to the extent that the FAA is inconsistent with California law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by WIPro, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall survive any termination or expiration of this Agreement.
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