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TERMS OF SERVICE AGREEMENT
Last Revision: 23-03-2021
PLEASE READ THESE TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
These Terms of Service Agreement (the “Agreement”) govern your use of Witt Butch Incorporated’s (“Witt Butch”) (i) websites, applications and platforms (together, the “Website”), (ii) offer of services for purchase on the Website, or your purchase of services available on the Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Witt Butch reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Witt Butch will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Witt Butch encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Witt Butch for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. SERVICES
Terms of Offer: Through this Website, Witt Butch offers certain services (the “Services”). By placing an order for the Services through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Witt Butch sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Witt Butch and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: support@verifyproperty.online.
Proprietary Rights. Witt Butch has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute the Services or any product/services manufactured and/or distributed and/or rendered by Witt Butch. Witt Butch also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making the Services available, this Website may offer information and marketing materials. Witt Butch does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Witt Butch does create the content on this Website, such content is protected by applicable intellectual property laws. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Witt Butch does not endorse the contents on any such third-party websites. Witt Butch is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Witt Butch is not responsible for any damage resulting from use of this Website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website.
Witt Butch is not liable for any damage or harm resulting from any posts by or interactions between users. Witt Butch reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Witt Butch deems objectionable, in its sole discretion.
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Witt Butch or the applicable third party (if third party content is at issue).
III. DISCLAIMER OF WARRANTIES
This Website is provided “as is” without any representations or warranties, express or implied. Witt Butch makes no representations or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, Witt Butch does not warrant that:
Nothing on the Website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
IV. LIMITATION OF LIABILITY
WITT BUTCH’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT, THE SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING, FOR SERVICES PURCHASED VIA THE WEBSITE.
WITT BUTCH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR SERVICES; (2) ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (3) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Witt Butch, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Witt Butch. When Witt Butch is threatened with suit or sued by a third party, Witt Butch may seek written assurances from you concerning your promise to indemnify Witt Butch; your failure to provide such assurances may be considered by Witt Butch to be a material breach of this Agreement. Witt Butch will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of Witt Butch’s choice at its expense. Witt Butch will reasonably cooperate in any defense by you of a third-party claim at your request and expense. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
VI. PRIVACY
Witt Butch believes strongly in protecting user privacy and providing you with notice of Witt Butch’s use of data. Please refer to Witt Butch’s Privacy Policy, incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering the Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. Witt Butch will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, pandemic, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Witt Butch may at any time, in its sole discretion and without advance notice to you, cease operation of the Website, provided that pending services due to you are completed by Witt Butch, or Witt Butch fully refunds you any payments you made to Witt Butch in respect of such pending services.
Entire Agreement. This Agreement comprises the entire agreement between you and Witt Butch and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Witt Butch to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Lagos, Nigeria. This Agreement will be governed by the laws of Nigeria without regard to its conflict of law principles to the contrary. Neither you nor Witt Butch will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Lagos, Nigeria. By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Witt Butch reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Witt Butch may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, Witt Butch reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Witt Butch chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Witt Butch makes no representation that the Website or Services are appropriate or available for use in locations outside Nigeria. Users who access the Website from outside Nigeria do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Witt Butch may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THE WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
