Terms of Use
WEVR, Inc.
Terms of Use
Effective Date: 12/15/2015
Last Updated Date: 12/15/2015
PLEASE READ THIS TERMS OF USE AGREEMENT (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THE WEVR, INC. ("WEVR") WEBSITE AVAILABLE AT WWW.WEVR.COM WITH LINKS TO THIS AGREEMENT (THE "WEBSITE") IN ANY WAY, INCLUDING BY CLICKING AN "I ACCEPT" OR SIMILAR BUTTON AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH WEVR, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
THESE TERMS ONLY GOVERN THE USE OF THE WEBSITE, NOT THE SERVICES MADE AVAILABLE THROUGH WEVR'S TRANSPORT PORTAL™ ON THE WEBSITE. FOR THE PURPOSES OF THESE TERMS, THE "WEVR WEBSITE PROPERTIES" MEANS THE WEBSITE AND INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, EXCLUDING ANY SERVICES MADE AVAILABLE THROUGH WEVR'S TRANSPORT PORTAL™ (INCLUDING ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH SUCH SERVICES). THE TERMS OF WEVR'S TRANSPORT PORTAL™, THE SERVICES, AND ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE FOREGOING SHALL BE GOVERNED BY THE END USER AGREEMENT AVAILABLE AT https://transport.wevr.com/p/subscriberagreement.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES UNLESS YOU TIMELY EXERCISE YOUR OPT-OUT RIGHTS DESCRIBED IN SECTION 10(b).
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT The Terms are subject to change by THE WEVR in its sole discretion at any time. When changes are made, the WEVR will make a new copy of the Terms available at the Website. We will also update the "Last Updated" date at the top of the Terms. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. WEVR may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the WEVR Website Properties. The WEVR Website Properties are protected by copyright laws throughout the world. Subject to the Terms, WEVR grants you a limited license to reproduce portions of the WEVR Website Properties for the sole purpose of using the Website for your personal purposes. Unless otherwise specified by the WEVR in a separate license, your right to use any WEVR Website Properties is subject to the Terms.
a) Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the WEVR Website Properties or any portion of the WEVR Website Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other WEVR Website Properties (including images, text, page layout or form) of the WEVR; (c) you shall not use any metatags or other "hidden text" using the WEVR's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the WEVR Website Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the WEVR Website Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of the WEVR Website Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the WEVR Website Properties shall be subject to the Terms. WEVR, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the WEVR Website Properties terminates the licenses granted by the WEVR pursuant to the Terms.
2. Ownership.
a) WEVR Website Properties. You agree that the WEVR and its licensors and suppliers own all rights, title and interest in the WEVR Website Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WEVR Website Properties.
b) Trademarks. WEVR's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the WEVR Website Properties are the trademarks of WEVR and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the WEVR Website Properties are the property of their respective owners.
3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to WEVR ("Feedback") is at your own risk and that WEVR has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to WEVR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the WEVR Website Properties.
4. Third-Party Websites WEVR Website Properties may contain links to third-party websites and advertisements for third parties (collectively, "Third-Party Websites"). When you click on a link to a third-party website or ad, we will not warn you that you have left WEVR Website Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Ads are not under the control of Wevr. Wevr is not responsible for any Third-Party Websites & Ads. Wevr provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
5. Indemnification. You agree to indemnify and hold WEVR, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers (collectively the "WEVR Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your use of, or inability to use, the WEVR Website Properties; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. WEVR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WEVR in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to the WEVR Website Properties.
6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEVR WEBSITE PROPERTIES IS AT YOUR SOLE RISK, AND THE WEVR WEBSITE PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE WEVR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEVR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEVR WEBSITE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE WEVR WEBSITE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN THE WEVR WEBSITE PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY WEVR PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEVR WEBSITE PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WEVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEVR WEBSITE PROPERTIES OR (2) ANY OTHER MATTER RELATED TO THE WEVR WEBSITE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE WEVR WEBSITE PROPERTIES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). YOU AND WEVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE WEVR WEBSITE PROPERTIES OR ANY CONTENT POSTED ON THE WEVR WEBSITE PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEVR AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
8. Term and Termination.
a) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the WEVR Website Properties, unless terminated earlier in accordance with the Terms.
b) Termination. If you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of the WEVR Website Properties is, or becomes, unlawful), or if we choose to discontinue the WEVR Website Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any WEVR Website Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the WEVR Website Properties in our possession in connection with your use of the WEVR Website Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of WEVR, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
9. International Users. This Website can be accessed from countries around the world and may contain references to WEVR Website Properties and other content that are not available in your country. These references do not imply that WEVR intends to introduce such WEVR Website Properties or content in your country. The WEVR Website Properties are controlled and offered by WEVR from its facilities in the United States of America. WEVR makes no representations that the WEVR Website Properties are appropriate or available for use in other locations. Those who access or use the WEVR Website Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Arbitration.
a) Applicability of Arbitration Agreement. Except as expressly provided herein, all claims and disputes (excluding claims for emergency injunctive relief as set forth below) in connection with the Agreement or the use of any product or service provided by Wevr that cannot be resolved informally or in small claims court shall be resolved exclusively by binding arbitration on an individual basis under the terms of this arbitration provision ("Arbitration Agreement"). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Wevr, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
b) 30-Day Right to Opt Out. Notwithstanding the foregoing, you have the right to opt out of the arbitration provisions of this Arbitration Agreement by mailing written notice of your decision to opt out to the following address: [Wevr Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. To be effective, your opt-out notice must be postmarked within 30 days of your first use of the Wevr Properties. If you timely send this notice, then the obligation to arbitrate disputes will not apply to either party and you must litigate pursuant to subparagraph (o) below. If you do not timely send this notice, then you agree to be bound by this Arbitration Agreement in its entirety.
c) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Wevr should be sent to: [Wevr Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. After the Notice is received, you and Wevr may attempt to resolve the claim or dispute informally. If you and Wevr do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
d) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary in the Agreement, if the arbitrator grants you an award that is greater than the last settlement offer that Wevr made to you prior to the initiation of arbitration, Wevr will pay you the greater of the award or US $2,500.
e) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
f) Time Limits. If you or Wevr pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
g) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Wevr, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Wevr.
h) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT (OTHER THAN A SMALL CLAIMS COURT) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.
i) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
l) Survival of Agreement. This Arbitration Agreement will survive the termination of your user relationship with Wevr.
m) Small Claims Court. Notwithstanding the foregoing, either you or Wevr may bring an individual action in small claims court.
n) Emergency Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, and for claims involving users who have delivered an effective opt-out notice pursuant to subparagraph (b) above, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
p) Modification. Notwithstanding any provision in these Agreement to the contrary, we agree that if Wevr makes any future material change to this Arbitration Agreement, such change will not apply to any individual claim(s) that you had already provided notice of to Wevr prior to the effective date of the change.
11. General Provisions.
a) Electronic Communications. The communications between you and WEVR use electronic means, whether you visit the WEVR Website Properties or send WEVR e-mails, or whether WEVR posts notices on the WEVR Website Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from WEVR in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WEVR provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
b) Release. You hereby release the WEVR Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites or your use of the WEVR Website Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
c) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without WEVR's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
d) Force Majeure. WEVR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
e) Compliance. If you believe that WEVR has not adhered to the Terms, please contact WEVR by emailing us at support@wevr.com We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
f) Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. C'est law volone expresse des parties que la presente convention ainsi que les documents qui s'y rattacent soient rediges en anglais.
g) Notice. Where WEVR requires that you provide an e-mail address, you are responsible for providing WEVR with your most current e-mail address. In the event that the last e-mail address you provided to WEVR is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, WEVR's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to WEVR at the following address: [WEVR Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. Such notice shall be deemed given when received by the WEVR by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
h) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
i) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
j) Export Control. You may not use, export, import, or transfer the WEVR Website Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the WEVR Website Properties, and any other applicable laws. In particular, but without limitation, the WEVR Website Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the WEVR Website Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the WEVR Website Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by WEVR are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products, services or technology provided by WEVR, either directly or indirectly, to any country in violation of such laws and regulations.
k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
l) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms
Terms of Use
Effective Date: 12/15/2015
Last Updated Date: 12/15/2015
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
THESE TERMS ONLY GOVERN THE USE OF THE WEBSITE, NOT THE SERVICES MADE AVAILABLE THROUGH WEVR'S TRANSPORT PORTAL™ ON THE WEBSITE. FOR THE PURPOSES OF THESE TERMS, THE "WEVR WEBSITE PROPERTIES" MEANS THE WEBSITE AND INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, EXCLUDING ANY SERVICES MADE AVAILABLE THROUGH WEVR'S TRANSPORT PORTAL™ (INCLUDING ANY CONTENT AND INFORMATION MADE AVAILABLE THROUGH SUCH SERVICES). THE TERMS OF WEVR'S TRANSPORT PORTAL™, THE SERVICES, AND ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH THE FOREGOING SHALL BE GOVERNED BY THE END USER AGREEMENT AVAILABLE AT https://transport.wevr.com/p/subscriberagreement.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES UNLESS YOU TIMELY EXERCISE YOUR OPT-OUT RIGHTS DESCRIBED IN SECTION 10(b).
THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT The Terms are subject to change by THE WEVR in its sole discretion at any time. When changes are made, the WEVR will make a new copy of the Terms available at the Website. We will also update the "Last Updated" date at the top of the Terms. If we make any material changes, and you have provided us with your e-mail address, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new users of the Website and will be effective for existing users upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. WEVR may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the WEVR Website Properties. The WEVR Website Properties are protected by copyright laws throughout the world. Subject to the Terms, WEVR grants you a limited license to reproduce portions of the WEVR Website Properties for the sole purpose of using the Website for your personal purposes. Unless otherwise specified by the WEVR in a separate license, your right to use any WEVR Website Properties is subject to the Terms.
a) Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the WEVR Website Properties or any portion of the WEVR Website Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other WEVR Website Properties (including images, text, page layout or form) of the WEVR; (c) you shall not use any metatags or other "hidden text" using the WEVR's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the WEVR Website Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the WEVR Website Properties in order to build a similar or competitive website, application or service; and (g) except as expressly stated herein, no part of the WEVR Website Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the WEVR Website Properties shall be subject to the Terms. WEVR, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the WEVR Website Properties terminates the licenses granted by the WEVR pursuant to the Terms.
2. Ownership.
a) WEVR Website Properties. You agree that the WEVR and its licensors and suppliers own all rights, title and interest in the WEVR Website Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the WEVR Website Properties.
b) Trademarks. WEVR's stylized name and other related graphics, logos, service marks and trade names used on or in connection with the WEVR Website Properties are the trademarks of WEVR and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the WEVR Website Properties are the property of their respective owners.
3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to WEVR ("Feedback") is at your own risk and that WEVR has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to WEVR a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the WEVR Website Properties.
4. Third-Party Websites WEVR Website Properties may contain links to third-party websites and advertisements for third parties (collectively, "Third-Party Websites"). When you click on a link to a third-party website or ad, we will not warn you that you have left WEVR Website Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Ads are not under the control of Wevr. Wevr is not responsible for any Third-Party Websites & Ads. Wevr provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third-party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
5. Indemnification. You agree to indemnify and hold WEVR, its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers (collectively the "WEVR Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your use of, or inability to use, the WEVR Website Properties; (b) your violation of the Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules or regulations. WEVR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WEVR in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to the WEVR Website Properties.
6. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEVR WEBSITE PROPERTIES IS AT YOUR SOLE RISK, AND THE WEVR WEBSITE PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE WEVR PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEVR PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEVR WEBSITE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE WEVR WEBSITE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN THE WEVR WEBSITE PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY WEVR PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEVR WEBSITE PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WEVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEVR WEBSITE PROPERTIES OR (2) ANY OTHER MATTER RELATED TO THE WEVR WEBSITE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE WEVR WEBSITE PROPERTIES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). YOU AND WEVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE WEVR WEBSITE PROPERTIES OR ANY CONTENT POSTED ON THE WEVR WEBSITE PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WEVR AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
8. Term and Termination.
a) Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the WEVR Website Properties, unless terminated earlier in accordance with the Terms.
b) Termination. If you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of the WEVR Website Properties is, or becomes, unlawful), or if we choose to discontinue the WEVR Website Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any WEVR Website Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or send any content you have provided to us to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the WEVR Website Properties in our possession in connection with your use of the WEVR Website Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of WEVR, its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
9. International Users. This Website can be accessed from countries around the world and may contain references to WEVR Website Properties and other content that are not available in your country. These references do not imply that WEVR intends to introduce such WEVR Website Properties or content in your country. The WEVR Website Properties are controlled and offered by WEVR from its facilities in the United States of America. WEVR makes no representations that the WEVR Website Properties are appropriate or available for use in other locations. Those who access or use the WEVR Website Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10. Arbitration.
a) Applicability of Arbitration Agreement. Except as expressly provided herein, all claims and disputes (excluding claims for emergency injunctive relief as set forth below) in connection with the Agreement or the use of any product or service provided by Wevr that cannot be resolved informally or in small claims court shall be resolved exclusively by binding arbitration on an individual basis under the terms of this arbitration provision ("Arbitration Agreement"). Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Wevr, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
b) 30-Day Right to Opt Out. Notwithstanding the foregoing, you have the right to opt out of the arbitration provisions of this Arbitration Agreement by mailing written notice of your decision to opt out to the following address: [Wevr Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. To be effective, your opt-out notice must be postmarked within 30 days of your first use of the Wevr Properties. If you timely send this notice, then the obligation to arbitrate disputes will not apply to either party and you must litigate pursuant to subparagraph (o) below. If you do not timely send this notice, then you agree to be bound by this Arbitration Agreement in its entirety.
c) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Wevr should be sent to: [Wevr Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. After the Notice is received, you and Wevr may attempt to resolve the claim or dispute informally. If you and Wevr do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
d) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Agreement. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary in the Agreement, if the arbitrator grants you an award that is greater than the last settlement offer that Wevr made to you prior to the initiation of arbitration, Wevr will pay you the greater of the award or US $2,500.
e) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
f) Time Limits. If you or Wevr pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
g) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Wevr, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Wevr.
h) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT (OTHER THAN A SMALL CLAIMS COURT) AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.
i) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
l) Survival of Agreement. This Arbitration Agreement will survive the termination of your user relationship with Wevr.
m) Small Claims Court. Notwithstanding the foregoing, either you or Wevr may bring an individual action in small claims court.
n) Emergency Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, and for claims involving users who have delivered an effective opt-out notice pursuant to subparagraph (b) above, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
p) Modification. Notwithstanding any provision in these Agreement to the contrary, we agree that if Wevr makes any future material change to this Arbitration Agreement, such change will not apply to any individual claim(s) that you had already provided notice of to Wevr prior to the effective date of the change.
11. General Provisions.
a) Electronic Communications. The communications between you and WEVR use electronic means, whether you visit the WEVR Website Properties or send WEVR e-mails, or whether WEVR posts notices on the WEVR Website Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from WEVR in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WEVR provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
b) Release. You hereby release the WEVR Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from third-party websites or your use of the WEVR Website Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
c) Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without WEVR's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
d) Force Majeure. WEVR shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
e) Compliance. If you believe that WEVR has not adhered to the Terms, please contact WEVR by emailing us at support@wevr.com We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
f) Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. C'est law volone expresse des parties que la presente convention ainsi que les documents qui s'y rattacent soient rediges en anglais.
g) Notice. Where WEVR requires that you provide an e-mail address, you are responsible for providing WEVR with your most current e-mail address. In the event that the last e-mail address you provided to WEVR is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, WEVR's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to WEVR at the following address: [WEVR Inc., 550 Rose Ave, Venice, CA 90291, Attn: Legal Department]. Such notice shall be deemed given when received by the WEVR by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
h) Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
i) Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
j) Export Control. You may not use, export, import, or transfer the WEVR Website Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the WEVR Website Properties, and any other applicable laws. In particular, but without limitation, the WEVR Website Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the WEVR Website Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the WEVR Website Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by WEVR are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any products, services or technology provided by WEVR, either directly or indirectly, to any country in violation of such laws and regulations.
k) Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
l) Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms