Terms of Service
Effective as of July 2, 2018
Welcome to the WAYB website, operated by ForB and located at www.wayb.com (the “Site”). The following terms and conditions (“Terms”) govern your use of the Site.
It is important that you read carefully and understand the terms and conditions of this Agreement. PLEASE NOTE, IN PARTICULAR, THAT THIS AGREEMENT CONTAINS DISPUTE RESOLUTION PROVISIONS (SECTION 8, BELOW) REQUIRING ARBITRATION OF MOST DISPUTES. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of this Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. CONSENT TO ELECTRONIC COMMUNICATIONS. When you use WAYB, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You agree that WAYB may from time to time send text messages or phone calls to you at the telephone number listed on your account and that this could result in charges to you, which you will be solely financially responsible for. You agree that these text or phone messages can be by prerecorded or artificial voice messages and/or through the use of an automatic dialing system. Additionally, you agree that WAYB can send e-mail messages to you at the e-mail address you provide on your account, and that WAYB may use other electronic means of communication to the extent permitted by law. Your consent can be revoked at any time by contacting WAYB at [email protected]
2. Copyright. All content included in or made available through WAYB, such as, but not limited to: text, graphics, logos, designs, icons, images, illustrations, photographs, audio clips, digital downloads, software, and the copyrights, trademarks, service marks, trade dress and other intellectual property rights is the property of WAYB and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of WAYB and protected by U.S. and international copyright laws. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these terms. Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by WAYB on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to WAYB, you grant WAYB a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. WAYB reserves the right (but not the obligation) to remove or edit any Comments in its sole discretion for any reason, including, but not limited to, that the Comment or Comments are offensive or contain profanity or hate speech. For avoidance of doubt, WAYB shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments
3. Registration. In order to access certain content, material, products or service on the Site, you may be asked to register and create an account. You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. WAYB does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. WAYB reserves the right to refuse service, terminate accounts, terminate your rights to use WAYB, remove or edit content, or cancel orders in its sole discretion.
5. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that anything available on or through the Site is appropriate or available for use in other locations and do not ship to locations outside of the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
6. DISCLAIMERS. WAYB DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WAYB CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WAYB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAYB DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECT WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WAYB FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
WAYB reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
7. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses, made against WAYB by any third party due to or arising out of or in connection with your use of the Site.
Arbitration and Class Action Waivers. Any dispute or claim relating in any way to your use of the Site (each a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except that you may assert Disputes in small claims court if your Dispute qualifies. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to WAYB - LEGAL NOTICE at 99 Pasadena Ave, Suite 11, South Pasadena CA 91030. All Disputes will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and as then in effect and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us at the below address.
WE EACH AGREE THAT ALL DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
8. Governing Law. By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and WAYB.
9. Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the Company shall add as part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible to be valid or enforceable.
10. Entire Agreement. This Agreement constitutes the entire agreement by and between you and the Company pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understanding of you and the Company. The Terms may not be amended, nor any obligation waived. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.
11. Our Address. 99 Pasadena Ave, Suite 11, South Pasadena CA 91030