Alerts For eBay End User License Agreement

Last updated August 16, 2024

Please read this End User License Agreement ("Agreement") carefully before using Alerts For eBay ("the App"). By using the App, you agree to be bound by the terms and conditions of this Agreement.

1. ACKNOWLEDGEMENT

This Agreement is concluded between Get Wipf IT ("We," "Us," "Our," or "Developer") and you, the End-User. Apple is not a party to this Agreement. We, not Apple, are solely responsible for the App and its content.

2. LICENSE

Get Wipf IT grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license also allows you to access and use the App via other accounts associated with you through Family Sharing or volume purchasing.

3. RESTRICTIONS

You agree not to, and you will not permit others to:

4. MAINTENANCE AND SUPPORT

Get Wipf IT is solely responsible for providing maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

5. WARRANTY

Get Wipf IT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Get Wipf IT's sole responsibility.

6. PRODUCT CLAIMS

Get Wipf IT, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

7. INTELLECTUAL PROPERTY RIGHTS

In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Get Wipf IT, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

8. LEGAL COMPLIANCE

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

9. DEVELOPER CONTACT INFORMATION

Get Wipf IT
4132 M St, Omaha, NE 68107, USA
Phone: +1 (970) 381-0053
Email: alerts@getwipfit.com

10. THIRD PARTY TERMS OF AGREEMENT

You must comply with applicable third party terms of agreement when using the App (e.g., your wireless data service agreement).

11. THIRD PARTY BENEFICIARY

Get Wipf IT and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

12. INTELLECTUAL PROPERTY

The App and its original content, features, and functionality are and will remain the exclusive property of Get Wipf IT and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Get Wipf IT.

13. TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the App will immediately cease.

14. LIMITATION OF LIABILITY

In no event shall Get Wipf IT, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the App.

15. AFFILIATE LINKS AND COMMISSIONS

The App contains affiliate links to eBay. When you make a purchase through one of these links, eBay pays us a commission. We share 50% of this commission with you, the buyer, in the form of earnings. By using the App, you acknowledge and agree to this arrangement.

16. PRIVACY POLICY

Your use of the App is also governed by our Privacy Policy, which can be found at https://alertsforebay.com/privacy/. By using the App, you agree to the terms of our Privacy Policy.

17. AGE RESTRICTION

By using the App, you represent that you are at least 18 years of age, or that you are the parent or guardian of a minor and consent to such minor dependent's use of the App.

18. CHANGES

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect.

19. GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Nebraska, United States, without regard to its conflict of law provisions.

20. SUBSCRIPTIONS AND CANCELLATIONS

The App may offer subscription-based services. By subscribing to these services, you agree to the following terms:

21. CONTACT US

If you have any questions about this Agreement, please contact us at alerts@getwipfit.com.