Terms and Conditions

Effective Date April 20, 2021| Download PDF

Welcome and thank you for your interest in Whiznook! These Terms and Conditions (Terms) are important. Please read and agree to them before using the Whiznook site. If you do not agree to these Terms, please do not use our Services or site.

Our Terms include the following topic headings:

Introduction, which explains you are bound by these Terms by visiting or interacting with our site.
Privacy Notice, which explains you agree to our Privacy Notice by visiting or interacting with our site.
Age Requirements, which explains you must be a legal adult to use our site.
What you can expect from us, which describes how we provide and develop our Services.
What we expect from you, which establishes certain rules for using our Services.
Content in Whiznook’s Services, which describes the intellectual property rights to the content in our Services.
No Assignments, which explains you cannot assign rights or obligations granted by these Terms.
Resolving disputes, which describes the process to resolve a dispute between you and Whiznook.
About these Terms, which describes what happens if one provision in these Terms is void and about termination of the Terms
Contact Information, which describes how to contact Whiznook.

Introduction

Whiznook’s mission is to advance team intelligence with engaging games. We use game playing and game design elements to drive behavioral changes and provide a method for learning new skills. In pursuit of our mission, we have documented these Terms to establish what you can expect from us and what we expect from you.

Your relationship with Whiznook

These Terms define the relationship between you and Whiznook. When we speak of “Whiznook,” “we,” “us,” and “our,” we mean Whiznook, Inc and its affiliates. You are referred to as “you” or “your” in these Terms.

THESE TERMS ARE A BINDING LEGAL AGREEMENT BETWEEN YOU AND WHIZNOOK. BY VISITING THE WHIZNOOK WEBSITE, PURCHASING OR USING OUR GAMES, OTHER SERVICES, OR USING ANY PART OF THE WEBSITE, YOU ENGAGE IN OUR “SERVICES” AND YOU AGREE TO BE BOUND BY THESE TERMS.

We will provide the most current Terms and Conditions on this page and it is your responsibility to check this page periodically for changes. Please bookmark these Terms so that you can easily access them. If changes are material, we may ask you to re-accept the Terms.

If you don’t agree to all provisions of these Terms, do not access any part of our Website, or purchase or use our Services.

Privacy Notice

Besides these Terms, we also provide a Privacy Notice. When you use our Services, you acknowledge that our Privacy Notice applies.

Please read the Privacy Notice to better understand how we collect, store, use, disclose, and process your personal information when providing our Services to you, and your rights and choices concerning your information.

If you do not want Whiznook to collect, store, use, or share your information in the ways described in our Privacy Notice, do not access any part of our Website, or use our Services.

Age requirements

We are excited to help you and your team build skills with our games, but there are some limits on who can use our Services. You must be at least the age of a legal adult where you reside and must be capable of entering into a legally binding agreement to use our Services. In most states, that age is 18.

What you can expect from us

We may change our Terms or Services without notice

We are constantly improving our Services to advance team intelligence so teams can increase their productivity and innovative proficiency. As part of this continual improvement, we sometimes add, update or remove information about our Services, features, functionalities, and site content, which may increase or decrease limits to our Services, and start offering new Services or stop offering old ones. We also may change the description, or price of our Services.

We may also make changes to our Services or your ability to access our Services in situations such as addressing errors, correcting inaccuracies in information on our site, preventing abuse, responding to legal requirements, or addressing security and operability issues.

We may make these changes with no notice to you and your continued use of the site is acceptance of new Terms or increasing the scope of our Terms to cover new Services.

After you agree to be bound by these Terms, we may add new Services or site features, or make other changes to our Services without notice. These new and/or changed Services are covered by these Terms.
After the first time you agree to be bound by these Terms, we may post new Terms and may not provide you notice of these changes. Your continued use of our Services after the effective date of the new Terms and Conditions, is your agreement to be bound by the new Terms and Conditions.

We may limit or deny use of our Services

We may refuse or limit the sale or the use of our Services to any person, geographic region, or jurisdiction and may do this on a case-by-case basis. We may also limit the quantities of any Services that we offer. These restrictions may apply to orders already placed. In the event that we change or cancel an order we may try to notify you by contacting you using the contact information provided at the time the order was made.

We may monitor, edit, or remove content that we determine is unlawful, objectionable, or violates any party’s intellectual property or these Terms.

Any offer for our Service is void where legally prohibited.

We may cancel orders based on inaccurate information

Occasionally we may find inaccuracies in the information on our site. If that happens, we may correct these inaccuracies, which may result in canceled orders. When we need to cancel an order, we will attempt to notify you using the contact information you provided with the order.

We may require you to follow our defined process for returns

We do not allow returns of Whiznook games. The Whiznook portal subscription that provides the results of game playing may be returned within 30 days of starting your subscription. To return the Whiznook portal subscription you should cancel the subscription.

We may provide access to third-party tools or content not covered by these Terms

We may provide you with access to third-party tools or links to third-party sites that are not part of our Services or covered by these Terms. We do not monitor nor have any control over these tools and sites and we do not provide any warranty or endorsement for them. If you use these tools or visit these sites you do so at your own risk and discretion. We advise you take the time to be familiar with and approve the terms of the third-party tool or content providers, including their Privacy Notice.

We will automatically charge you a periodic fee for your subscriptions

Whiznook offers subscriptions so a team administrator may access the team’s portal to view the results from games played by the team, and get recommendations for additional training and other useful information. If you purchase a subscription to Whiznook, then by clicking the purchase button you are requesting that we begin supplying the subscription services immediately and are entering into a periodic subscription contract with us. You are also authorizing us to charge your payment instrument, such as a credit card, for a periodic subscription fee at the rate quoted at the time of purchase. Subscription charges will be applied to the payment instrument you provide when you start your subscription (or to a different payment instrument, if you change your account information). Please note that prices and charges are subject to change. If Whiznook makes a change to the periodic subscription rate, we will let you know in advance.

Your subscription will automatically renew at the start of each billing period unless and until you terminate your subscription, or we terminate it. You must cancel your subscription before it renews each billing period, otherwise payment of the next billing period’s subscription fees will be taken automatically via your chosen payment method.

SUBSCRIPTION PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS, EXCEPT FOR CUSTOMERS THAT CANCEL WITHIN 30 DAYS OF THEIR INITIAL PURCHASE, AS EXPLAINED BELOW.

Subscription services may be cancelled within 30 days from the date of your purchase and you may obtain a refund of your initial payment.

Whiznook may occasionally offer a one-time or limited-time bonus to current subscribers or to those who agree to start a subscription. You understand that these items, which will generally be marked as “bonus” items, will not be a part of your ongoing subscription.

We do not have warranties on our Services

Our Service (except as expressly stated by us) are provided ‘As Is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not warrant that the quality of any or our Services purchased, obtained, or used by you will meet your expectations, or that any errors in the Service will be corrected.
The content on this site is provided for general information only. We are not responsible if information made available on this site is not accurate, complete, or current.
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove or interrupt the Services for indefinite periods of time or cancel the Services at any time, without notice to you, and no warranty exists otherwise.

Our liability is limited

You acknowledge that Whiznook is not liable to you or to any third-party for:

Changing our Terms or Services without notice;
Canceling your orders based on inaccurate information even if that information was on our site;
Providing you with recommendations or access to third-party tools or content;
Requiring you to follow our returns policy for making returns;
Damage that may occur to your systems, services, or sites;
Dissatisfaction, disturbances, harm, or disputes of any kind that may occur when you use our Services, or because of the use of our Services; or
Limiting or denying you use of our Services.

In no case shall Whiznook our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Service.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

What we expect from you

You have limited rights that may be terminated if you breach our Terms

You have limited rights to use our Services for non-commercial purposes such as purchasing and playing games and reviewing site content. These rights may be terminated if you breach our Terms.

These Terms do not grant you or any other party any right, title, or interest in our Services or any content in the Services.

You may not use our Services for unauthorized or illegal purposes

You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws that apply in your jurisdiction. To this end, you agree not to:

transmit to our Services any worms or viruses or any code of a destructive nature that may be used in a way to affect the functionality of our Services, third-party services, other websites or the Internet;
reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us;
infringe upon or violate our intellectual property rights or the intellectual property rights of others. The Services are owned or licensed by Whiznook, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations;
use our Services in a way that will harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You may not use our Service for any obscene or immoral purpose;
collect any information on our Services or track the personal information of others on our Services; or
interfere with or circumvent the security features of the Service.

You agree to indemnify us if you breach these Terms

If you breach our Terms you agree to indemnify, defend, and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any individual or third-party due to or arising out of your breach.

You must provide us with accurate information

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site or other interactions with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You allow us to freely use any submissions or ideas you send us

You agree we may use any creative ideas, feedback, suggestions, proposals, plans, or other materials (“Comments”), you send us either as a submission, for example contest entries, or without a request from us.

You agree our use of your Comments is not restricted and we may edit, copy, publish, distribute, translate and otherwise use any Comments that you provide to us.

You agree we are not obligated to:

maintain any Comments in confidence;
pay compensation for any Comments; or
respond to any Comments.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, put another person in a bad-light, or contain any computer virus or other malware that could in any way affect the operation of our Service.

You may not mislead us as to the origins of any Comments by using means such as a false e-mail address or pretending to be someone other than yourself.

You are solely responsible for any Comments you make and their accuracy.

You acknowledge the content and insights we provide on team intelligence are for informational purposes only

The information or guidance provided by Whiznook’s Services on advancing team intelligence is for informational purposes only and does not provide any diagnostic or health information for teams or team players.

You agree to use our Services at your own risk

As stated under the section: We do not have warranties on our Services, we do not provide any warranty on our Services. You agree that your use of, or inability to use, our Services is at your sole risk. Our Services are provided ‘As Is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind. Our Services may have errors in the content or functionality and we may not correct these errors.

A breach or violation of any of the Terms may result in an immediate termination of your access to our Services.

Content in Whiznook Services

Your Content

Our Services may give you the opportunity to provide us with your content, for example, you might post a review of our Services. You agree to allow us to display, reproduce, distribute, communicate, and otherwise use your content with no obligation to reimburse you for this use. If you choose to upload or share content, you agree to take full responsibility for ensuring you have the necessary rights and permissions to do so, that you are not violating any other person’s intellectual property or privacy rights, and that the content is lawful.

You may create an account with Whiznook. You agree to allow us to use the information in the account as needed for operations such as providing access to Services and processing payments or for improving our product. We may deactivate or delete your account if you breach our Terms or the account is inactive for a period of time.

We have the right to remove any of your user content if, in our opinion, it does not comply with these Terms. We also have the right to disclose your identity as the content provider when asked as consistent with the process in our Privacy Notice.

If you think someone is using our Services to infringe your intellectual property rights, you can send us notice of the infringement at info@whiznook.com and we will take lawfully appropriate action.

Whiznook content

Some of our Services include content that belongs to Whiznook. For example, many of the visual illustrations you see on our site are content that belongs to Whiznook. Our content is protected by certain intellectual property rights including trademark and copyright, for example. Do not remove, obscure, or alter any of our branding, logos, or legal notices unless you have asked for and received written permission from us.

No Assignment

You may not assign any of the rights or obligations arising from the Terms to another party, without Whiznook’s express written consent. Whiznook may assign the rights or obligations arising from these Terms to the surviving party in a merger into another entity or in an acquisition of all or substantially all its assets.

Resolving Disputes

Before bringing a formal legal case, you must first contact our Customer Support team at info@whiznook.com. In the event that you and Whiznook can’t resolve the dispute through Customer Service, you and Whiznook both agree to resolve the matter using binding arbitration.

Specifically, you agree that any dispute, claim or controversy arising out of or relating to these Terms or its associated Services, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Unless the parties agree otherwise, any such arbitration shall be done virtually.

Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

Governing Law

The Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Whiznook. You agree to submit to the exclusive jurisdiction for the courts of the County of Santa Clara, California.

About these Terms

These Terms are the entire agreement between you and us with respect to your use of our Service and supersede any prior terms that may have been agreed to or posted. If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be considered severed from these Terms and all remaining provisions in the Terms will still remain valid and enforceable.

You agree that any ambiguities in the interpretation of these Terms and Conditions shall be construed in favor of Whiznook.

Termination of these Terms

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using our Services.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If we believe you failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice and may deny you access to our Services. If we terminate the agreement, you will remain liable for all amounts due up to and including the date of termination.

Contact information

Whiznook Services are provided by, and you are contracting with:

Whiznook, Inc., a corporation organized under the laws of the State of Delaware, USA, and operating under the laws of the USA.

Questions about our Terms and Conditions can be sent to info@whiznook.com .