
USER AGREEMENT
THIS USER AGREEMENT (the "Agreement") constitutes the entire agreement between WeSee4U, LLC and THE MEMBER ("you" or "Member") as an authorized user of the program. By using the services available through this website and the company, you confirm your acceptance of, and agree to be bound by, this Agreement.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" CHECK BOX, THE MEMBER IS INDICATING ITS AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. ELIGIBILITY FOR MEMBERSHIP. WeSee4U’s services are available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, WeSee4U’s services are not available to minors, unless their parents or guardians co-sign the application.
WeSee4U reserves the right, at its own discretion, to refuse its services to anyone at any time.
2. FEES. Our current fee is $59.00 per year, for the first vehicle, per family. WeSee4U reserves the right, at its sole discretion, to add, delete or change some or all of the services provided, at any time, or to change the monthly monitoring costs.
3. PAYMENT. To enroll in the Program, a 1 year member fee of $59.00 must be pre-paid. Member agrees to pay all charges for the service to which Member subscribes at the prices and upon the terms set forth in this Agreement. An e-mail notification component will electronically confirm the membership enrollment. WeSee4U reserves the right to reject any application for any reason.
4. PAYMENT TERMS. Once you register with WeSee4U, the identification sticker or magnet will be prepared and mailed to you. Your account will be immediately activated upon the payment of the requisite fees. WeSee4U accepts VISA, MASTERCARD, OR Paypal, and Google. You will be sent a notice via e-mail or regular mail approximately forty-five (45) days prior to the end of your one-year contract, informing you that you will be billed for another year unless you instruct us in writing not to renew your account in accordance with section 10 of this Agreement.
5. MEMBER ACCOUNT AND SECURITY. As part of the Program registration process, members will be required to provide account information, including an e-mail address to which incidents can be reported, the vehicle(s) license plate or tag number, and the state in which that vehicle is registered. Once a member enrolls his or her vehicle(s) into the program, the registration information is stored in the WeSee4U database and will be kept private and confidential. All changes to information, i.e., sale of vehicle or the obtaining of a new e-mail address must be updated on the website of WeSee4U or may be done by calling WeSee4U. Each member is entirely responsible for maintaining the confidentiality of their account information. Additionally, each member must maintain current and correct account information, including e-mail addresses in order to report incidents. Accordingly, WeSee4U shall use no less than a reasonable degree of care to keep such confidential information confidential, and shall not use or disclose such confidential information except as required to perform the services set forth.
6. PROCEDURE. To participate in the Program, The Member must register their vehicle(s) into the WeSee4U system located on the website of WeSee4U.com or by calling WeSee4U. Any person calling in a comment regarding the driving habits of the person driving the vehicle with the WeSee4U bumper sticker will have his or her comments recorded. The Member will be notified by e-mail with the recorded message attached. Members understand and agree that WeSee4U simply acts as a passive conduit for fellow motorists to call and report the driving behavior, whether positive or negative, of the person driving a member's vehicle(s) and is not responsible for the content of the actual message being transmitted. Members further understand and agree that they will hear the actual recording provided to WeSee4U by the person reporting the incident, without any alterations or editing to the original message.
7. DISCLAIMER OF WARRANTIES. MEMBER EXPRESSLY AGREES THAT USE OF THE PROGRAM IS AT MEMBER'S SOLE RISK. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WeSee4U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WeSee4U MAKES NO WARRANTY THAT THE PROGRAM WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR THE PROGRAM'S SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; NOR DOES WeSee4U MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR REPORTS. MEMBERS UNDERSTAND AND AGREE THAT WeSee4U IS NOT RESPONSIBLE FOR ANY FALSE OR NEGATIVE MATERIAL TRANSMITTED TO IT’S MEMBER VIA E-MAIL, INCLUDING UNLAWFUL, HARASSING, LIBELOUS, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, OFFENSIVE OR OTHERWISE OBJECTIONABLE MATERIAL OF ANY KIND OR NATURE USED IN THE RECORDING. MEMBER FURTHER UNDERSTANDS AND AGREES THAT MEMBERS WILL HEAR THE ACTUAL RECORDING PROVIDED TO WeSee4U BY THE PERSON REPORTING THE INCIDENT, WITHOUT ANY ALTERATIONS OR EDITING TO THE ORIGINAL MESSAGE. THE USE OF THE PROGRAM IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND MEMBERS WILL BE SOLELY RESPONSIBLE FOR WHAT ACTIONS ARE TAKEN REGARDING THE CONTENT OF THE TRANSMITTED RECORDING. WeSee4U ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE THE REPORT DATA FOR ANY SPECIFIC PERIOD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MEMBERS FURTHER UNDERSTAND AND AGREE THAT WeSee4U IS NOT RESPONSIBLE FOR THE TIMELINESS OR UNTIMELINESS OF ANY REPORTS. WeSee4U AGREES TO TRANSMIT THE RECORDED MESSAGE ONLY, AND IS THEREFORE NOT RESPONSIBLE FOR ANY OTHER COMMUNICATIONS TO THE MEMBER OR ANY LAW ENFORCEMENT AUTHORITIES UPON REPORT OF AN INCIDENT. IT IS THE SOLE RESPONSIBILITY OF THE MEMBERs TO PROVIDE A CURRENT E-MAIL ADDRESS TO WeSee4U. AFTER A REASONABLE ATTEMPT TO CONTACT MEMBER HAS BEEN COMPLETED, WeSee4U IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS THAT DO NOT REACH MEMBER. YOU SHOULD MAINTAIN YOUR OWN VIRUS DETECTION SOFTWARE AND KEEP IT UPDATED.
8. LIMITATION OF LIABILITY. WeSee4U’s website and program are only a venue to allow complainants to report bad driving traffic reports and observations. WeSee4U does not individually screen or censor these reports. WeSee4U is not involved in the actual transaction between complainants and the parties that are the subject of the compliant. As a result, WeSee4U has no control over the quality, safety or legality of posted complaints, nor the truth or accuracy of the complaints. Members assume all risks associated with the receipt of information that may be inaccurate or untruthful. By its very nature, information provided in a report may be offensive, harmful, discriminatory, or inaccurate, and in some cases may be fraudulent. We fully expect that you will use caution and common sense when using this program. WeSee4U WILL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE PROGRAM, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PROGRAM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S REPORTS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, OR DATA. THE AGGREGATE LIABILITY FOR WeSee4U TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE AND PROGRAM IS LIMITED TO $100.00. IN NO EVENT SHALL WeSee4U BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM.
9. INDEMNITY. Member shall indemnify, defend and hold harmless WeSee4U and its members, managers, officers, employees, and agents from all claims, losses, liabilities, damages and expenses (including reasonable attorneys' fees and costs) that members may suffer as a result of the member's use of the program or from any third party arising out of member's use of the program including, but not limited to, claims or actions arising out of loss, damages or injury (including death) to persons or property in connection with the program, the identification sticker, or the vehicles registered in the program.
10. TERM, TERMINATION AND RENEWAL. This Agreement shall commence on the date it is entered into by the member and shall continue in full force and effect for a period of twelve (12) months, unless earlier terminated by WeSee4U pursuant to the terms of this Agreement. This Agreement will automatically renew for successive twelve (12) month periods unless the member provides WeSee4U with written notice at least thirty (30) days prior to expiration of any twelve (12) month term, that the member is not renewing this Agreement. The membership will be renewed by charging the applicable renewal fee to the credit card account provided by the member at the time the Agreement became effective.
11. PRIVACY STATEMENT. WeSee4U respects and protects the privacy of its members. WeSee4U will not sell, trade, or otherwise release any member's personal information, including his or her password, e-mail address, home address, name, business name, business address, or phone number, except as required by state or federal law, without member's express consent.
12. CONFIDENTIALITY STATEMENT. Driving reports made against vehicles registered to a member will only be released to the contact email member unless specifically authorized for release to a third party by the member.
13. VEHICLE REGISTRATION. Member may register only those vehicles in which the member maintains ownership, a lien, or control. Multiple accounts may be purchased for multiple vehicles, but identification stickers will only be issued at the rate of one sticker per vehicle. Violators of this policy are subject to membership termination and forfeiture of membership fees at the discretion of WeSee4U. Should a dispute arise between a member and another individual or entity regarding the authority to register a particular vehicle, WeSee4U reserves the right to request proof of ownership. WeSee4U may suspend the monitoring of any vehicle pending satisfactory resolution of any dispute.
14. MESSAGES. WeSee4U merely acts as a passive conduit for the distribution and publication of information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring information provided by complainants. If notified by a member of reports that allegedly do not conform to these terms and conditions, WeSee4U may investigate the allegation and determine in good faith at its sole discretion whether to remove the communication from member's database. WeSee4U has no liability or responsibility to members for performance or nonperformance of such activities. WeSee4U reserves the right to expel members and prevent his or her further access to the WeSee4U website for violating the terms and conditions or the law and the right to remove reports which are abusive, illegal, or disruptive. WeSee4U may take any action with respect to member-submitted or complainant information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for WeSee4U or may cause WeSee4U to lose (in whole or in part) the program services.
15. DAMAGE RESULTING FROM THE APPLICATION, USE, OR REMOVAL OF THE IDENTIFICATION STICKER. You accept and assume all liability and responsibility, and hold harmless WeSee4U, its members, managers, officers, agents, employees and all other related persons and entities from any damage that may result from the application, use, or removal of the bumper sticker or magnet. You are hereby instructed not to place the bumper sticker or magnet on any vehicle in a manner that may obstruct the vision of any driver of that vehicle and you specifically agree not to place the bumper sticker or magnet sticker on any vehicle in such a fashion that might obscure the vision of any driver of the vehicle. If a replacement sticker is needed for any reason, it may be purchased from WeSee4U for $11.95.
16. MISCELLANEOUS PROVISIONS.
a. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflicts of law principles thereof. Venue and sole jurisdiction for any cause of action arising out of this Agreement shall lie exclusively in the courts of Nassau County, New York.
b. Force Majeure. Neither member nor WeSee4U shall be liable for a breach of his, her or its obligations hereunder to the extent that such breach is caused by factors outside his, her or its reasonable ability to foresee and avoid (provided that such party makes reasonable good faith efforts to remedy the breach as soon as possible), including without limitation, war, acts of God, terrorism, natural disaster, third party communications, computer viruses, server failure, power failure, etc.
c. Entire Agreement. This Agreement constitutes the entire agreement between the member and WeSee4U and any representations, inducements, promises or agreements, oral or otherwise, not included herein shall be of no force or effect.
d. Assignment. This Agreement may not be assigned by the member to any other owners, lien holders, or persons in control of the vehicle that is registered in the program, or to any other vehicles. WeSee4U may assign its rights and delegate its duties under this Agreement to any of its affiliated entities or upon the sale of all or substantially all of its assets, without the consent of the member. |