Revised: March 31st, 2024

1. Overview and Acceptance of Use

We Made It Local (“WMIL”) is an online marketplace for wholesale and retail connecting “makers” online customer and retailers, accessible through its website and mobile applications. Throughout these Terms of Service (“Terms”), the terms “WMIL”, “our”, “us”, and/or “we” refer to WMIL. The terms “you” and/or “your” refer to any visitor of the site and/or the Application and anyone using the website and/or mobile application, including any Maker (as defined herein). These Terms govern your access to and use of the website and/or mobile application and Content (defined below), and constitute a binding legal agreement between you and WMIL.

Please read these Terms, our Privacy Policy, and Maker Agreement, all of which are incorporated herein by reference and govern your access to and use of the Services.

  • The Services (website and/or mobile application) are offered and available solely to Users who are 18 or older. By using the website and/or mobile application, you represent and warrant that you are of legal age to form a binding contract with WMIL and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services.
  • If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 26 HEREIN WORKS.

2. Definitions

  1. “Buyer” means a User entering into or completing a purchase transaction with a Maker. 
  2. Collective” means, collectively, WMIL Content and Maker Content.
  3. Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.
  4. WMIL Content” means Content that WMIL makes available through the Services including any Content licensed from a third party, but excluding Maker Content.
  5. Maker” means a business that completes WMIL’s account registration process, as described under the “Account Registration” section below.
  6. Maker Content” means Content that a Maker posts, uploads, publishes, submits, or transmits to WMIL to be made available through the Services.
  7. “User” means any visitor of the site and/or the Application and anyone using the website and/or mobile application, including any Maker. 

3. Modifications

We reserve the right, at our sole discretion to modify, suspend, discontinue, or terminate the Services or any content, feature, or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to Users, including Makers. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

4. Account Registration

To access certain features of the Services and to post any Maker Content thereon, you must register to create an account and become a Maker.

You may register directly via the web site or mobile application.  You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with WMIL and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or information you provide, consistent with our Privacy Policy.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. If any content is otherwise unlawful, abusive, harassing or obscene material, or contains any computer virus or other malware that could in any way affect the operation, or result in the violation of any applicable law or regulation, your account will be terminated immediately. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

No Circumvention. Once an order has been placed through your Store Page by a Buyer, you agree that you will fulfill all orders placed by such buyer through the website and/or mobile application. You further agree to not influence buyers to transact offline outside of the WMIL in any manner, or otherwise circumvent WMIL’s process in order to transact orders with Buyers who were introduced to you through the website and/or mobile application offline or outside of WMIL in any manner. WMIL reserves the right to terminate your account if you fail to abide by these terms.

5. Accounts

Maker: To sell goods through WMIL, you must submit an application to, and be approved by, WMIL. The application seeks basic information about you, your company and your products. If approved, you will be required to submit additional information, including about your business, where to deposit funds from sales of your products and applicable tax and related documentation (e.g., EIN, W-8, etc.), store type (e.g., online, brick & mortar), email address and other information about your business. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Brand is subject to the Brand Terms of Service referenced above.

Buyer: To purchase goods, you will be required to submit customary information such as your first and last name, store type (e.g., online, brick & mortar), email address and other information about your business. Before you make your first purchase as a Buyer, you may be required to provide additional information such as payment method information, reseller ID number and related documentation and any other information as may be required by WMIL. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Buyer is subject to the Terms  referenced herein.

By submitting payment details in conjunction with purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We have the right to refuse any order.

6. Ownership

 WMIL is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the WMIL name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without WMIL’s prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

You acknowledge and agree that you are solely responsible for any and all content that you make available through your account. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such content or you have all rights, licenses, consents and releases necessary.    As a Maker, you must comply with WMIL’s rules: Makers have to use original photos of their own work, no copy or stolen photos will be allowed. Copyright infringement refers to the unauthorized use and distribution of copyrighted materials such as text, images, videos, and other artistic works. Copyright is a form of intellectual property that protects the original works of creators and grants them exclusive rights to distribute their materials.  Only the Maker can use the image for their product detail pages, and no other individual can use it without the owner’s permission.

WMIL takes copyright infringement seriously, and Maker who violate these policies risk facing an account suspension or a permanent ban from the platform.  In addition, violators can also face legal action from copyright owners, as copyright infringement is punishable under the law.  As a Maker, if you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims, including but not limited to, copyright, trademark and patent claims.

You are solely responsible for any content you make and its accuracy. WMIL takes no responsibility andc assumes no liability for any Maker content posted by you or any third party, and you agree to indemnify WMIL per the terms of the Indemnification section herein.

7. Social Media and Networking Sites

You may link your social media accounts to your store without obligating WMIL to pay any fees or making WMIL subject to any usage limitations imposed by such social media service providers.

8. Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to WMIL or user, or by anyone who may be informed of any of its contents.

All statements and opinions expressed in these materials, and all articles and responses to questions, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WMIL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Services may contain links to third-party websites or resources. You acknowledge and agree that WMIL is not responsible or liable for: the availability or accuracy of such websites or resources; or products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WMIL. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

9. Immediate termination/ban and prosecute violations:

You agree not to do any of the following, If you breach any of these Terms, WMIL will have the right to terminate or disable your account, in its sole discretion and without prior notice to you. WMIL reserves the right to revoke your access to and use of the WMIL at any time, with or without cause. In the event WMIL terminates these Terms for your breach, you will remain liable for all amounts due hereunder.

  1. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
  2. Use, embed, display, mirror or frame the website or mobile application, or any individual element within, WMIL’s name, any WMIL trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without WMIL’s express written consent or as enabled by features made available by WMIL (e.g., widgets) (you may link to WMIL’s homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to WMIL in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms);
  3. Access, tamper with or use non-public areas of WMIL’s computer systems or the technical delivery systems of WMIL’s providers; Attempt to probe, scan, or test the vulnerability of any WMIL system or network or breach any security or authentication measures; Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used at WMIL; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by WMIL or any of WMIL’s providers or any other third party (including another user) to protect the Services or Collective Content;
  4. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services; Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing.
  5. Use any meta tags or other hidden text or metadata utilizing a WMIL trademark, logo URL or product name;
  6. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive, or false source-identifying information;
  7. Impersonate or misrepresent your affiliation with any person or entity;
  8. Violate any applicable law or regulation; or
  9. Encourage or enable any other third party to do any of the acts or take any of the actions as defined in the proceeding paragraphs a.-h herein.
  10. If you as a Maker are selling items that you have not created. 
  11. If a Maker is caught selling off the website and promoting sales off site. 

WMIL will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WMIL may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that WMIL has no obligation to monitor your access to or use of the website and mobile application but has the right to do so for the purpose of operating the same, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WMIL reserves the right, at any time and without prior notice, to remove or disable access to any User  that WMIL, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to WMIL. WMIL reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies, or other oversight bodies if WMIL suspects illegal activity may be taking place.

10. Procedure for Claiming Intellectual Property Infringement

WMIL respects intellectual property laws and expects all of its Users, including Makers, to do the same. It is WMIL’s policy to terminate, in appropriate circumstances, Users, including Makers and or other account holders who infringe or are believed to be infringing the intellectual property rights of others. All information we collect about you when you apply for an account or use or visit the website and/or mobile application is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

11. Text Messages and Telephone Calls

WMIL, and those acting on WMIL’s behalf, may contact you by telephone or text message (including through use of an automatic telephone dialing system) at the phone numbers you have provided to us. These messages may include operational messages about your use of the Service. You understand that you are not required to consent to communications as a condition of purchasing any property, goods, or services. You may opt out of receiving telephone calls or text messages from us at any time  by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages. You may continue to receive text messages for a short period while WMIL processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality of the Services. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.

12. Disclaimers

THE WMIL WEBSITE AND MOBILE APPLICATION CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WMIL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WMIL MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. WMIL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WMIL OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT WMIL DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES WMIL MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. WMIL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

13. Indemnity

You agree to defend, indemnify, and hold WMIL, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Maker Content.

14. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER WMIL NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES, APPLICATION OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WMIL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL WMIL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WMIL AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Iowa without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action or court proceeding permitted under these Terms will be the state and federal courts located in the Seventh Judicial District of Iowa and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

16. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, including the Makers Agreement, will be in writing and given: (a) by WMIL via email (in each case to the primary account email address that you provide); (b) by posting to the website; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

17. DISPUTE RESOLUTION – ARBITRATION

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.

You and WMIL agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available; and (d) seek injunctive relief in a court of law in aid of arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WMIL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and WMIL otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this Arbitration Agreement.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in any state. 

Arbitration Location and Procedure. Unless you and WMIL otherwise agree, the arbitration will be conducted in Scott County, Iowa. If your claim does not exceed US$10,000, then the arbitration will be conducted solely on the basis of documents you and WMIL submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. Upon mutual consent of the Parties, the hearing may be conducted virtually via an approved provider such as Zoom or Microsoft Teams. If your claim exceeds US$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this Dispute Resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.

Changes. Notwithstanding the provisions of the “Modification” section above, if WMIL changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by contacting us) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of WMIL’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and WMIL in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these Terms or accepted any subsequent changes to these Terms.

18. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between WMIL and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WMIL and you regarding the Services and Collective Content.

19. Miscellaneous

The failure by WMIL to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WMIL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

20. Contact Us

If you have any questions about these Terms, please contact WMIL help@wemakeitlocal.com.