Terms of Service
Welcome and thank you for visiting our website, https://www.wystmarketing.com/ (“Site”). The Site is operated by WYST LLC (“Company”), a limited liability company duly organized under the laws of the State of New York. This Terms of Service Agreement (“Agreement”) describes the terms by which you are allowed to use the Site and related Services.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THE WEBSITE HTTPS://WWW.WYSTMARKETING.COM.COM/ AND RELATED WEBPAGES, LINKS AND SERVICES, YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE OR SERVICES.
Section 1 – General Provisions
1.1 This Agreement establishes the terms that apply to your use of the Site and its related Services. By accessing or using any part of the Site or the related Services, including its features, you agree to fully comply with this Agreement.
1.2 The Site and Services are intended for Users (defined below) over the age of thirteen (13). Any User between the ages of thirteen (13) and eighteen (18), or your local age of majority, shall review this Agreement with their parent or legal guardian to ensure that both you and your parent or legal guardian agree to the terms of this Agreement. If you are a User between the ages of the thirteen (13) and your local age of majority, you agree to have your parent or legal guardian review and accept this Agreement on your behalf. If you are a parent or guardian accepting this Agreement on your child over the age of thirteen’s (13) behalf, you hereby agree to accept full responsibility and liability for your child’s use of the Services, including all financial charges that he may incur.
1.3 Users of the Site or Services will be defined as anyone utilizing the Site or Services.
1.4 Company may, at any time, change or discontinue any feature of the Site, including the Site itself, without notice.
Section 2 – Changing Terms and Corrections
2.1 Company may supplement, change or modify the terms of this Agreement at any time. Such supplements, changes or modifications will become effective upon posting. Company may provide notice of changes to this Agreement through the Site and/or by email but it not required to do so and you waive any right to receive specific notice of any such supplement, modification or change. Your use of the Site or related Services after modifications of this Agreement will be deemed acceptance of all changes and modifications to this Agreement. It is your responsibility to check these terms on an occasional basis.
2.2 There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Section 3 – About the Site and Services
3.1 The Site offers users access to browse and purchase various services including social media strategy, content creation and general marketing services (hereinafter the “Services”). Services may be updated, modified, restricted or expanded upon overtime.
3.2 Some of the Site’s features and Services may be offered free of charge but Company may charge for access to some or all features. Company will not charge you for any such features unless you provide consent prior to incurring charges. Company reserves the right to change or cease its features or Services offered at any time without notice. You agree that Company will not be liable for any change or cessation of features or Services.
3.3 All Services are subject to availability. You agree that Company is not responsible or liable for any lack of availability of Services in any circumstance.
3.5 You agree that ALL SALES ARE FINAL AND NONREFUNDABLE. No refund will be issued for any of these reasons. Company will not be able to cancel any order for these reasons after receiving a purchase order or payment.
3.6 You agree that all Services provided by Company are provided on an “AS IS” and “AS AVAILABLE” basis. Any difficulties that the Site may experience may result in the loss of data or other service or feature interruptions. Company does not assume any responsibility or liability for the loss, deletion, timeliness or failure to store data or information.
3.7 Through the use of the Site, you may be asked to provide certain information in order to register for or participate in our services. Any information provided is securely stored and is subject to the Site’s Privacy Policies which can be viewed here. It is highly recommended that you review these Terms of Service and the Privacy Policies on a frequent basis.
3.8 Through the Site, you may access features or purchase goods or services that are provided by third parties. Your use of such features or purchase of goods or services may be subject to separate terms with the providing third party. It is highly recommended that you review the terms of service, terms of use and/or privacy policy of these third parties before using their services. Company is not responsible for any misuse, breach or resulting damages incurred with or from any third party as a result of your use of this Site or its Services.
Section 4 - Conduct
4.1 You will provide true and accurate information about yourself. Please update any information that is no longer true or accurate.
You will use the Site for lawful purposes only.
As a User of the Site, you agree not to:
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text}, that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"}, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Use the Site to advertise or offer to sell goods and services.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
4.4 The above list is not intended to be exhaustive. Company may monitor content and information provided by Users on its Site and through the platforms used to provide the Services where applicable. Company may edit or remove any content, accounts or information it determines is offensive or violates this Agreement, in its sole discretion, at any time without notice. The removal of your account for any reason that violates the Terms will be done so without warning and without a refund.
4.5 You understand and agree that Company is not responsible for any content or information you provide to the Company or on the Site through the Services or otherwise.
Section 5 – User Data and Feedback
5.1 You agree that Company may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
5.2 We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
5.3 By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
5.4 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (hereafter, "Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
Section 6 – Disclaimer
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT THE SITE AND ITS FEATURES WILL BE SECURE, ERROR FREE, OR UNINTERRUPTED. YOU AGREE NOT TO RELY ON THE SITE, INCLUDING ANY INFORMATION OR CONTENT CONTAINED WITHIN THE SITE, FOR ANY PURPOSE. THE SITE, ITS FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND MAKE NO REPRESENTATION OF ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR USER ON THE SITE, OR AS TO THE QUALITY OF ANY GOODS, MERCHANDISE, OR SERVICES PURCHASED THROUGH THE SITE.
YOU ARE SOLELY RESPONSIBLE FOR ANY HARMS OR POTENTIAL HARMS TO YOUR PERSON, REPUTATION, COMPUTER SYSTEM, OR PROPERTY THAT RESULT FROM YOUR USE OF THE SITE OR SERVICES OR YOUR INTERACTIONS WITH OTHER SITE USERS. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS OF ANY NATURE.
COMPANY SHALL NOT BE LIABLE FOR ANY DISPUTE BETWEEN USERS. SUCH DISPUTES SHALL ONLY BE BETWEEN THE USERS INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY AGREE TO RELEASE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY ASSOCIATED WITH THE DISPUTE BETWEEN USERS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF ANY LIABILITY IS FOUND FOR ANY CLAIM OR SUIT ARISING OUT OF THIS AGREEMENT, THE LIABILITY OF COMPANY AND ITS THIRD PARTY SERVICE PROVIDERS SHALL BE LIMITED TO THE AMOUNT OF FEES RETAINED BY COMPANY IN CONNECTION WITH YOUR USE OF THE SITE OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Section 7 - Arbitration
7.1 Any controversy or claim you have against Company relating to this Agreement or its purported breach, shall be settled by binding arbitration before the American Arbitration Association (“AAA”) in New York by a sole arbitrator. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced under the rules of the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Any controversy or claim shall not be consolidated with the controversies or claims of other individuals. You consent to personal jurisdiction and venue in New York State and Federal Court and consent to the proceedings being held in Steuben County, New York and agree to waive all defenses of lack of personal jurisdiction, and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Company shall be entitled to seek its reasonable attorney’s fees and costs in any action against you.
Section 8 - Indemnification
8.1 You agree to indemnify, defend, and hold harmless Company and its respective officers, directors, employees, attorneys and their respective successors and assigns from and against all losses, costs, expenses, damages, or other liabilities (including reasonable attorney’s fees and costs) as a result of any claim, suit or proceeding resulting from the breach of this Agreement, your negligent or otherwise harmful conduct, your use of the Site or Services, and any violations of law.
Section 9 – Limitations of Liability
9.1 IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 10 – Intellectual Property
10.1 Company reserves all of its intellectual property rights, including but not limited to the names WYST, WYST MARKETING, the “WHERE YOUR SOCIALS THRIVE” slogan, any other trademarks, service marks or logos used on or in connection with the Site, the Site itself, the Site design and the Site’s content (collectively the “Intellectual Property”). Unless you have agreed otherwise in writing with Company, you agree that nothing in this Agreement gives you the right to use any of Company’s Intellectual Property for any purpose, including the downloading or republishing any content located on the Site. You further agree that you will not use any Intellectual Property in a manner that may cause a likelihood of confusion as to the owner or creator of such content. The Intellectual Property is provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the Intellectual Property may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Company shall be permitted to use and/or modify any content located on the Site or uploaded to the Site in connection with promoting Company and its products.
10.2 Site may contain intellectual property of third parties including the trademarks of other brands or services utilized on the Site (“Third Party Intellectual Property”). Company makes no claim to own or have a right to the license of any of these Third Party Intellectual Property. You agree that nothing in this Agreement gives you the right to use any Third Party Intellectual Property for any purpose. You further agree that you will not use any Third Party Intellectual Property in a manner that may cause a likelihood of confusion as to the owner or creator of such Third Party Intellectual Property.
10.3 If you believe any content on the Site infringes upon the intellectual property of yourself or others, please let us know at [email protected].
Section 11 – Terms of Purchase
11.1 Company may charge and collect tax on all eligible shipments of goods and purchase of Services that were purchased on the Site, whether physical or digital. For any goods purchased on the Site, risk of loss transfers to you upon delivery to the carrier. Listed prices may change at any time without notice to you. Prices listed on the website do not guarantee purchase prices until payment is made. Company may process payments through a third-party service provider. Use of a third party processing payment service through the Site will subject you to the terms and conditions of that third party.
Section 12 – Third Party Content
12.1 Any opinions, statements, content, advice, Services or information made by any third parties, including other Site Users, or brand owners of services used or displayed on the Site are those of the respective author(s) and not Company. Company does not endorse, nor is it responsible for, the opinions, statements, content, advice, Services, or information made available on the Site or through platforms used for its Services by third parties. Company will not be liable for any loss or damage caused by your reliance on information obtained through the Site, as it is your responsibility to determine the completeness, accuracy, or usefulness of any information, advice, Services, statements, opinions or content on the Site.
Section 13 – Outside Links
13.1 The Site may have hyperlinks to other websites or Services. Company does not control websites or content that have not been provided by Company. You agree that Company does not endorse the websites or content that it did not provide. Company will not be held liable for any reason in connection with websites or content posted on the Site or provided through its Services by third parties or Users.
Section 14 – California Users and Residents
14.1 If any complaint with us is not satisfactorily resolves, you can contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Section 15 – Miscellaneous
15.1 This Agreement incorporates by reference all other policies that the Site and Services are subject to, including the Privacy Policy (which can be accessed at https://wystmarketing.com/privacy-policy.
15.2 This Agreement constitutes the entire agreement of the parties with respect to the use of the Site.
15.3 All provisions of this Agreement are severable, and if any provisions is held to be unenforceable, it shall not affect the enforceability of the remaining provisions. Additionally, if any provision is found to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent of New York law, preserves the original intentions of the parties.
15.4 This Agreement shall be governed by New York law.
15.5 The failure of Company to partially or fully exercise any rights under this Agreement shall not prevent any exercise of such right, and shall not be deemed as a waiver of such rights. The exercise of any rights under this Agreement shall not limit Company’s right to exercise any other remedy.
15.6 Company reserves the right, in its sole discretion, to change this Terms of Service. The most current version of this Terms of Service will supersede all previous versions. Company encourages you to periodically review this Terms of Service to stay informed of our updates.
Section 16 - Privacy Policy
16.1 For more information about Company’s privacy practices, please read our Privacy Policy, which is incorporated by reference in this Agreement and can be accessed here. The Privacy Policy outlines what information we collect, how we collect the information, and how we use the information. By accessing or using the Site, you agree to the use of your information as delineated in the Privacy Policy.
Section 17 – Contact, Questions, Comments
17.1 Should you have any questions or comments relating to this Agreement, please contact us at [email protected].
This Agreement was last updated on November 12, 2025.