Effective date: September 1, 2022
Please read these Terms carefully before accessing or using our Platform. Your access to and use of the Platform or our services is conditioned upon your compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our Platform, our services, or purchase our products.
By accessing or using any part of the Platform, our services, or by purchasing our products, you agree to be bound by these Terms. If you do not agree to any or all of the terms and conditions set forth in these Terms, you do not have permission to access the Platform, use our services, or purchase our products.
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
Any new features or tools which are added to the current Platform or our services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, modify, or replace all or any part of these Terms by posting updates, modifications, and/or changes to our Platform. It is your responsibility to check this page periodically for any such changes or updates. Your continued use of or access to the Platform, our services, or the purchase of our products following the posting of any changes, modifications, or updates constitutes your express acceptance thereof.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE PLATFORM AND YOU MUST IMMEDIATELY CEASE USING THE PLATFORM.
BY DOWNLOADING, INSTALLING, ACCESSING, BROWSING, SIGNING UP, OR USING THIS PLATFORM, YOU ACCEPT AND AGREE TO THESE TERMS WHICH BIND YOU LEGALLY, AND YOU FURTHER:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS;
(B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER OR THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS PLATFORM;
(C) ACKNOWLEDGE THAT WE WILL COLLECT AND USE YOUR INFORMATION TO PROVIDE THE PRODUCTS AND SERVICES YOU REQUEST THROUGH THE PLATFORM;
(D) WARRANT THAT ALL INFORMATION PROVIDED UPON REGISTRATION AS PART OF YOUR ACCOUNT IS TRUE, COMPLETE, AND ACCURATE, AND THAT YOU WILL PROMPTLY INFORM US OF ANY CHANGES TO SUCH INFORMATION BY UPDATING THE INFORMATION ON YOUR ACCOUNT;
(F) ACKNOWLEDGE AND AGREE THAT THE PLATFORM ACCESSES AND USES YOUR LOCATION INFORMATION BASED ON THE LOCATION OF YOUR DEVICE AT THE TIME OF CONNECTION.
If at any time after reviewing or using the Platform you wish to terminate such use or these Terms, you must cease the use of the Platform from your Device completely. “Device” means any Android or iOS compatible basic phone, smartphone, smart watch, tablet, laptop, or computer.
CHILDREN UNDER THE AGE OF 13
Our Platform is not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR PLATFORM. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Platform only with the supervision of a parent or guardian who agrees to be bound by these Terms. Additionally, our Platform or sections of our Platform, as well as promotions, programs and commerce we may offer on our Platform, may be explicitly limited to people over the age of majority. If you are not old enough to access our Platform or certain sections or features of our Platform, you should not attempt to do so.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
SECTION 1 – OVERVIEW
Collection of Location and Other Information. The Platform accesses and uses your Device Location information for our analysis of geographic dispersion of our services based on the area where your Device is located. In addition, this Platform collects and uses your name, address, email address, phone number, IP Address, cookie data, Device Information (such as OS, browser user agent string). It is your responsibility to keep your Device and access to the Platform secure. If you access the Platform from locations outside the United States, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Location Alerts. You agree to receive pre-programmed notifications (“Location Alerts”) on your Device if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
Term and Termination. These Terms and the license granted hereunder shall be effective from the time you use the Platform until terminated. We may, in our sole and absolute discretion, at any time and for any or no reason, suspend or terminate the license and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any provision of these Terms, then the license and any rights afforded to you hereunder shall immediately terminate automatically, without the necessity of notice or other action by us. Upon the termination of the license granted to you hereunder, you shall cease all use of the Platform. We may, without notice to you, disable the Platform at any time. We will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of suspending or terminating the license hereunder in accordance with these Terms, and such suspension or termination will
be without prejudice to any other right or remedy we may have now or in the future. These obligations shall survive the termination of the license and these Terms.
Permission to use Device. If you are not the bill payer for the mobile telephone or handheld device being used to access the Platform, you will be assumed to have received permission from the bill payer for using the Platform.
Scope. We are offering the Platform to use for your own personal use only, and you should be aware that you cannot send it to anyone else, and you are not allowed to copy or modify our trademarks or the Platform or any part thereof in any way. You are not allowed to attempt to extract the source code of the Platform, and you should not try to translate the Platform into other languages or make derivative versions. The Platform and all the trademarks, copyright, database rights, and other intellectual property rights related thereto belong solely to Weo.
Revisions to Terms. We may change or revise these Terms from time to time in our sole discretion, with or without notice to you. You are bound by any such changes and revisions and should therefore periodically visit our Platform to review our then-current Terms. Your continued access and use of the Platform will be governed by our most current Terms and constitute your acceptance thereof and your agreement to be bound accordingly.
Updates. From time to time, we may provide updates to the Platform. You may not be able to use the Platform until you have installed the latest version.
Electronic Notices. You understand and agree that we transact with the Platform users electronically and, therefore, we may provide you with required notices and terms electronically, such as by posting a notice in the Platform, and/or sending you an email.
Software and Downloads Available Through This Platform. Any software that is made available to access, use, view and/or download in connection with a website or Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Weo and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Weo accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or our services, use of our services, or access to our services or any contact on the Platform through which the services are provided, without our prior written permission. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We may, but have no obligation to, update our product and service offerings on the Platform, and may experience delays in updating information on the Platform or in our advertising on other websites and platforms. You agree that it is your responsibility to monitor changes to our Platform. We are not responsible if information made available on this Platform is not accurate, complete, or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Platform is at your own risk. This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The information found on this Platform may contain errors or inaccuracies and may not be
complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Platform, and we cannot guarantee the accuracy or completeness of any information found on the Platform. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change at any time without notice in our sole discretion. We reserve the right to modify or discontinue any products, services, or the Platform (or any part or content thereof) without prior notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any of our products, services, or the Platform.
SECTION 5 – LICENSE GRANT AND USE RESTRICTIONS
Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of the Platform, for any purpose whatsoever; (b) modify, adapt, improve, or create any derivative work from the Platform or any part thereof or permit the Platform or any part of the Platform to be combined with or become incorporated in any other programs; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Platform; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Weo or its affiliates, partners, or suppliers; (e) use the Platform in a manner that derives revenue directly from the Platform, or use the Platform for any other purpose for which it is not designed or intended; (f) distribute the Platform to multiple Devices; (g) make the Platform available over a network or other environment permitting access or use by multiple Devices or users at the same time; (h) use the Platform for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Weo; (i) use the Platform to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information, interfaces or other intellectual property of Weo, or its affiliates, partners, or suppliers in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Platform; (k) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Platform or your Device; (l) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Platform; (m) copy, reproduce, reuse, upload, post, transmit, or distribute any content presented in or provided by the Platform, including, without limitation, for public or commercial purposes, including any text, images, audio, and video; (n) rent, lease, sub-license, loan, distribute, time-share, or translate the Platform in any way; (o) sell, resell, or exploit the Platform in whole or in part (including object and source code), in any form to any person or entity; or (p) use the Platform in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using the Platform.
You agree to abide by the rules and policies which are established from time to time by us in these Terms or any amendments, modifications, revisions, or updates thereto. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Platform and obtaining available patches to address security, interoperability, or performance issues. Your continued use of the
Platform indicates your agreement to any revised license rights. Accordingly, we urge you to frequently review the license and any amendments thereto, and, if you do not agree to the terms of such rules and policies or any revisions thereto, you must cease using the Platform immediately.
SECTION 6 – IN APP PURCHASE
From time to time, Weo may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play or other application platforms authorized by Weo (each, an “App Store”). If you choose to make an in-app purchase, you will be prompted to enter details for your account with your App Store (your “App Store Account”), and your App Store Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your App Store Account. Some App Stores may charge you a sales tax, depending on where you live.
SECTION 7 – PRODUCTS AND SERVICES
All material and information presented by Weo is intended to be used for personal, educational, or informational purposes only.
Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return only according to our Return Policy which is located at www.we o.com/return-policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis in our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue
any product or service at any time. Any offer for any product or service made on this Platform is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the services will be corrected.
SECTION 8 – PURCHASE OF PRODUCTS
You may only purchase or order products from our Platform for non-commercial and lawful purposes and any other use is not permitted. You may not buy products from our Platform for business and/or resale purposes. Purchase of products through our Platform is subject to availability. Weo reserves the right, at its sole discretion, to limit the quantity of products purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities, sizes, and weights of each of the products in your order. By clicking the “Place Order” you are committing to buy and pay for the products in your order. This is an offer from you to enter into a contract with us to buy the products in your order. The contract is subject to these Terms. By placing an order, you confirm that you accept these Terms. After you place an order, you will receive an email from us acknowledging that we have received and accepted your order (“Order Acceptance”). The contract between us will only be formed when we send you this Confirmed Order. We will send you a further email when the products in your order have been shipped (“Shipping Confirmation”). We reserve the right at any time after receipt of your order to accept or reject your order and contact you at the e-mail address provided in the order form of Weo’s decision to accept or reject your order. If Weo rejects the order, you will have no obligation to pay Weo for the order. Only the products listed in the Order Acceptance are included in the contract between you and us. If there are any errors in your Order Acceptance, please contact us as soon
as possible at firstname.lastname@example.org. Weo also reserves the right, at its sole discretion, to cancel any Order Acceptance for any reason. Some situations that may result in your order being rejected or cancelled include: limitations on quantities available for purchase, a product you ordered may be subject to a product recall, inaccuracies or errors in product or pricing information, or credit and fraud issues identified by us. If we are unable to supply you with a product (because, for example, that product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the product(s), we will refund you the full amount as soon as possible. You confirm that you shall only use any products you buy from us in compliance with all applicable federal, provincial, or local laws or regulations, including without limitation laws concerning labeling or trade compliance, and in a manner that does not violate the rights of any third party. The sale of any goods by us does not convey a license, express or implied, under any patent, patent applications, copyrights, trademarks, trade secrets, or other proprietary rights in which we have an interest.
Products sold on the Platform are intended for end use in the United States and are not labeled or intended for international distribution.
Taxes. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our state sales tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may contact us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
Return Policy. If you are not satisfied with any of the products purchased through the Platform for any reason, you will have thirty (30) calendar days from the date of purchase to request a full refund of your unused, unopened product. For details on the return process, please see: www.we-o.com/return-policy.
Limited Product Warranty. Weo warrants to the original purchaser of a Weo product that such product shall be free from defects in materials and workmanship under normal use according to the Limited Product Warranty information provided on www.we-o.com/product-warranty.
SECTION 9 – DELIVERY
Your order will be fulfilled by the estimated delivery date set out at checkout, unless there is an event outside of our control (please see section 30 below for more information about these events). If we are unable to meet the estimated delivery date because of an event outside of our control, we will contact you with a revised estimated delivery date. Delivery will be completed when we deliver the products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error). Delivery of our products are limited to the contiguous U.S. states, except for Alaska and Hawaii.
SECTION 10 – ACCURACY OF BILLING
You agree to provide current, complete and accurate purchase and account information for all purchases made. 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. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account. You are responsible for maintaining the confidentiality of your account and password, including,
but not limited to, the restriction of access to your Device or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service provider. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion without notice.
SECTION 11 – ACCOUNT AND PASSWORD
You agree that you will not create or have more than one (1) account at any given time for the Platform and that you will only provide us with true, accurate, current, and complete information at all times when you create or register for an account, or when you place an order.
You are solely responsible for maintaining the secrecy of your account password. Your account is for your personal use only, although you may register more than one product on your personal account. You may not authorize others to use your account or transfer your account to any other person. You are solely responsible for all uses of your account and any activity performed through it, and you acknowledge that Weo expressly disclaims any liability in this regard.
We reserve the right to disable your user account or password, to suspend or terminate your right to use your account, your access to the Platform or any services (or any portion thereof), at any time, without prior notice, in our sole discretion for no or any reason, including without limitation, if we consider that you have failed to comply with any of the terms of these Terms.
SECTION 12 – WEO’S RIGHTS
We are the owner or licensee of all intellectual property rights on the Platform and its content, the Weo’s name and mark and Weo’s product names, images, and packaging. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not use our Platform (or any part of it or its content) for commercial purposes; however, you may download material from the Platform solely for non-commercial, personal use by you. No part of the Platform, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public, or commercial purpose without our prior written consent. Any communications or materials you send to us through the Platform, by electronic mail, or other means will be treated as non proprietary and non-confidential (other than communications in respect of your order if you use the Platform to buy Weo products from us). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how, and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
Patent Marking. By listing various patents, Weo makes no admission that other relevant patents do not exist. Not all Weo products are included and not all Weo patent information about such products is necessarily provided.
SECTION 13 – CONNECTED PRODUCTS SOFTWARE
Connected Product Software. By using the software that is embedded in any Weo Product (“Connected Product Software”), you agree to abide by these Terms. If you do not agree to these Terms in connection with your use of a Connected Product, you may not use the Connected Product Software and you may choose to promptly return the unused, unopened Connected Product for a refund of the purchase price and in accordance with the terms of our return policy.
Connected Products Software End User License. Subject to these Terms, Weo grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the Connected Product Software, in executable object code form only, solely on the specific Connected Product you own or control and solely for use in conjunction with the Connected Product for your personal, non-commercial use for lawful purposes.
Restrictions. You understand and agree that you shall only use the Connected Product Software in a manner that complies with any and all applicable laws and restrictions in the jurisdictions in which you use the Connected Product Software. You may not:
- Modify, disassemble, decompile, translate, scrape, or reverse engineer the Connected Product Software, or any portion thereof, except to the extent that such restriction is expressly prohibited by law;
- Create derivative works based on the Connected Product Software in whole or in part and in any form;
- Use the Connected Product Software for any purpose except as permitted by these Terms; ● Sell, lease, rent, assign, license, disclose, perform, broadcast, distribute, or otherwise transfer or make available any Connected Product Software or any copy thereof, in whole or in part and in any form, to any third parties;
- Remove or alter any proprietary notices or marks on the Connected Product Software or any portion thereof.
- Release the results of any performance or functional evaluation of the Connected Product Software to any third party without prior written approval of Weo for each such release.
Open Source Software. Certain items of software included with the Connected Product Software may be subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this Connected Products Software end user license agreement. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Weo makes such Open Source Software, and Weo’s modifications to that Open Source Software, available by written request to Weo at the email or mailing address listed at the bottom of these Terms.
Connected Products Software Updates. You acknowledge and agree that we may from time to time develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Connected Product Software, Connected Product, and related Weo services. You consent to these updates and agree such updates may be automatically installed without providing any additional notice or receiving any additional consent from you. If you do not want such updates, your remedy is to stop using the Connected Product Software. You acknowledge that you may be required to install updates to use the Connected Product Software and related Weo services, and you agree to promptly install any updates Weo provides if the update does not automatically install. By continuing to use the Connected Product Software after an update, you renew your agreement to these Terms. However, Weo is not legally obligated to update the Connected Product Software, and is not legally responsible for any harm to you or anyone else as a result of not updating the Connected Product Software.
Term and Termination of the Connected Products Software End User License. The end user license for the Connected Product Software granted by these Terms is effective on the date you first use the Connected Product Software or the Connected Product and shall continue for as long as you own the Connected Product or the Connected Product Software is offered, unless the license is otherwise terminated under this section. Weo may terminate your end user license to the Connected Product Software at any time if you fail to comply with these Terms.
SECTION 14 – OPTIONAL TOOLS
We may provide you with access to third-party tools which we neither monitor nor have any control or input over. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third
party provider(s). We may also, from time to time, offer new services, and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 15 – THIRD-PARTY LINKS
Certain content, advertisements, recommendations, information, products, and services available via our Platform may include materials from or links to third party websites or services, which are not controlled or owned by us. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant
and will not have any liability or responsibility for any third-party materials, websites, or platforms, or for any other materials, products, or services of third parties. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party website, platforms, or services. We do not warrant the offerings of any third-party providers or their websites.
You acknowledge and agree that we shall not be liable, whether directly or indirectly, for any harm, loss, or damages caused or alleged to be caused by or in connection with your use or reliance on such content, goods, resources, transactions, or services available on or through any third-party websites/platforms. We strongly advise you to review carefully any third-party’s policies, terms, conditions, and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.
SECTION 16 – USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, feedback, survey, or other materials, whether online, by email, by postal mail, or otherwise; or upload, store, share, send, or display images, videos, data, text, exercise regimens, comments, health information and other information and content to and via the Platform (collectively, “Content”), you hereby grant to Weo a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this section are only for the limited purpose of offering and improving the Weo Platform and/or the Weo Products.
You are responsible for your Content. You represent and warrant that you own your Content or that you have all rights necessary to grant us a license to use your Content as described in this Terms.
We are and shall be under no obligation to: (1) maintain any Content in confidence; (2) pay compensation for any Content; or (3) respond to any Content. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violating any party’s intellectual property rights or these Terms. You agree that your Content 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 Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Content. You are solely responsible for any Content you make and their accuracy. We take no responsibility and assume no liability for any Content posted/shared by you or any third-party.
Interactive Chat. Our Platform may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. If you are signed into an account while using a Chat, the Chat may link the account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chat’s may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.
Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that it’s apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives.
Be aware that communications may be monitored for quality assurance and other purposes. SECTION 17 – PERSONAL INFORMATION
SECTION 18 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Platform, products, or services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or on any related platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform or on any related platform, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or on any related platform, should be taken to indicate that all information on the Platform or on any related platform has been modified or updated.
SECTION 19 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, related platforms, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related platform/website, other websites/platforms, or the Internet. We reserve the right to terminate your use of the Platform or any related website/platform for committing any of the prohibited uses.
SECTION 20 – APPLE APP STORE TERMS
These Terms apply to your use of the Platform, including the iPhone, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- a) Both you and Weo acknowledge that these Terms are between you and Weo only, and not with Apple, and that Apple is not responsible for the Application or any content posted to or made available via the Application;
- b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Weo Platform for your private, personal, non commercial use, subject to all the terms and conditions of these Terms as they apply to the Platform;
- c) You will only use the Application in connection with an Apple device that you own or control; d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- f) You acknowledge and agree that Weo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Weo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- i) Both you and Weo acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and j) Both you and Weo acknowledge and agree that Apple and Apple’s subsidiaries are third party
beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
SECTION 21 – COPYRIGHT INFRINGEMENT POLICY (DCMA)
Weo respects the intellectual property rights of others and requests that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that your work has been copied in a manner that constitutes copyright infringement, you may notify us at:
Attn: DCMA Agent
1951 NW 7th Avenue, Suite 600
Miami, FL 33136
So that we may properly assist you, the following information is required:
- A description of the copyrighted work you claim has been infringed;
- Information reasonably sufficient to locate the material in question on the Platform; ● Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Weo to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
We suggest that you consult your legal advisor before filing a notice with Weo’s copyright agent, because there may be penalties for false claims.
SECTION 22 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Platform or services will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful content. We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable. You agree that from time to time we may remove the Platform for indefinite periods of time or cancel the Platform at any time, without prior notice to you. You expressly agree that your use of, or inability to use, the Platform or our services is at your sole risk. The Platform and all products and services delivered to you through the Platform are (except as expressly stated otherwise) 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.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THE PLATFORM.
In no case shall we, our directors, officers, managers, 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 the Platform, any of our services or products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product or services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. 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.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF
US UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.00).
Disclaimer of Medical Advice/FDA. THE CONTENT CONTAINED ON SOME OF OUR PLATFORM, MATERIALS, AND/OR PRODUCT (“MARKETING MATERIAL”) MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, AND/OR NATURAL THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. OUR MARKETING MATERIAL MAY ALSO CONTAIN INFORMATION AND STATEMENTS ABOUT MEDICAL CONDITIONS AND MEDICAL TREATMENTS WHICH HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. SUCH INFORMATION IS INTENDED AS AN EDUCATIONAL AID ONLY. THESE STATEMENTS, INFORMATION, AND THE PRODUCTS OF WEO ARE NOT INTENDED AS MEDICAL ADVICE OR AS A MEDICAL DEVICE, NOR TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THEY ARE NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT, A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME, AND/OR BEFORE IMPLEMENTING ANY NEW DIET, EXERCISE, AND DIETARY SUPPLEMENTS OR WELLNESS PROGRAM, ESPECIALLY IF YOU HAVE PRE-EXISTING MEDICAL CONDITIONS OR ARE TAKING PRESCRIBED MEDICATIONS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OUR MARKETING MATERIAL. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE CONTENT AND/OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, YOU CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOU CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE CONTENT.
SECTION 23 – INDEMNIFICATION
You agree to indemnify, defend, and hold Weo harmless, as well as our parent, subsidiaries, affiliates, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your wrongful conduct, or your use of the Platform. These obligations will survive any termination of your relationship with us or your use of the Platform. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
SECTION 24 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and any such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 25 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. We may terminate or suspend your account, your access to the Platform, our services, or these Terms at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing our services and ceasing to use our Platform. Notwithstanding any termination of these Terms, you will remain liable for all amounts due and outstanding up to and including the date of termination. All provisions of these Terms which by their nature are intended
to survive the termination of these Terms shall survive the termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
SECTION 26 – NO WAIVER; ENTIRE AGREEMENT; AMBIGUITIES
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Platform or in respect to our services or products constitutes the entire agreement and understanding between you and us and govern your use of the Platform, our products, and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 27 – ARBITRATION AGREEMENT
Arbitration. You 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 Platform (collectively, “Disputes“) will be settled by final and binding arbitration between you and Weo. This Arbitration Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Notwithstanding anything else contained herein, each party retains the right to bring an individual action in small claims court and 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. You acknowledge and agree that you and Weo are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Weo 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. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration Agreement” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration Agreement” section will survive any termination of these Terms.
Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. The arbitrator shall be a licensed attorney or retired judge with experience in the law underlying the dispute.
Arbitration Process. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought.
Arbitration Location and Procedure. The arbitration shall take place in Miami-Dade County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Weo submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $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, consistent with the expedited nature of the arbitration.
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 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. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. The party initiating the arbitration must bear the costs and fees related thereto.
Severability and Survival. This arbitration section is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. Therefore, terms of this Arbitration Agreement shall be severed, to the smallest extent possible, if required to uphold the enforceability of this Arbitration Agreement. The Arbitration Agreement is a contractual agreement to mutually arbitrate claims.
SECTION 28 – GOVERNING LAW; JURISDICTION; ATTORNEY’S FEES; JURY TRIAL
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles. For all claims not subject to the Arbitration Agreement in Section 27, you agree that they will be brought exclusively in the federal or state courts of competent jurisdiction sitting in Miami-Dade County, Florida, and you expressly agree that such courts shall have jurisdiction over you. The prevailing party in any dispute arising hereunder or from your use of the Platform shall be entitled to an award of its reasonable attorney’s fees and legal costs against the non-prevailing party.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WEO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU HEREBY WAIVE ANY RIGHT TO JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM.
SECTION 29 – COMPLIANCE WITH APPLICABLE LAWS
Weo is based in the United States. Weo makes no claims concerning whether the Weo services or content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Weo Platform from outside the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction. By using the Weo Platform, you acknowledge and hereby grant consent for us to transmit to, process, and store information about you, in the United States, including personal information and other personally identifiable information or data.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the content to countries or persons prohibited under the
export control laws. By downloading any content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re export of the content.
SECTION 30 – FORCE MAJEURE
If Weo’s performance of any of its obligations stipulated herein, or in the order confirmation, is delayed due to an event of force majeure or for any other reason beyond Weo’s control (including, but not limited to, total or partial disruption or strike, including of postal services, means of transport and/or communications, pandemic, act of God), the date of performance shall then be extended by a period equal to the delay. Weo
cannot be held responsible for the non-performance of such obligations in the event of force majeure or any other reason beyond its control.
SECTION 31 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace all or any part of these Terms by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or our services following the posting of any changes to these Terms constitutes your express acceptance of those changes.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
SECTION 32 – CONTACT INFORMATION
Questions about these Terms should be sent to us at email@example.com.
For California Residents. In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact Weo with any complaints or to seek additional information. You may email Weo at firstname.lastname@example.org.
Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.