UPDATED EFFECTIVE DATE - MAY 16, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO RECEIVE THE SERVICES AND USE OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. You and We Wear Us LLC (“WWU”) may each be referred to as “Party” and together as “Parties”.
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
The Services consist of the short term rental of items of designer clothing and accessories (“Products”). Through the Services, we aim to give you access to trendy designer clothing and accessories, and other content to help you decide which products are perfect for you.
1. Responsibilities and Grant of License
1.1 Prerequisites. The Site and Services are intended solely for persons who are 18 or older, provided however that Products may be used by persons under the age of 18 if rented by a person who is 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older.
1.2 Grant of License by WWU. Subject to these terms, WWU grants you permission to access this Site and use the Services to rent Products.
2. General Conditions
2.1 Limits. You acknowledge and agree that we may place limits on the rental of Products, including but not limited to restricting orders placed under a single customer account, payment card, billing address, or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
2.2 Shipping and Delivery. All deliveries will be through the shipping method chosen at the discretion of WWU. WWU’s shipping partners may change from time to time at WWU’s discretion.
2.3 Collections. If you fail to pay the amounts you owe to WWU, then you agree to pay all of WWU’s costs of collection, including without limitation reasonable attorneys' fees.
2.4 Rentals. The following additional conditions apply to the rental of any Products:
2.4.1 Rental Fee. The rental fee (“Rental Fee”) for the Products will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Products. When you place your rental order for a Product, you hereby authorize WWU to charge your payment card for the Rental Fee. WWU will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize WWU to charge your payment card for an amount equal to 200% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that WWU will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by WWU, shall be paid by you to WWU in connection with your rental order.
2.4.2 Cancellation Policy. You may cancel your rental order prior to 14 days of your delivery date for a full store credit to your WWU account. If you cancel your rental order prior to 14 days of your delivery date, you will not receive a refund, but you will receive full store credit to your WWU account for the rental fee associated with the cancelled order. This credit can be applied to any future WWU rental. If you cancel your order within 14 days of your delivery date, you will still receive a full credit to your WWU account, but will be charged a twenty five dollar ($25.00) cancellation fee, along with applicable shipping costs and sales taxes. The twenty five dollar ($25.00) cancellation fee and any applicable costs will be deducted from your store credit. For instance, if WWU has already shipped your order, you will be responsible for sending your rental order back to us at your own expense, along with all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments.
2.4.3 Return Packaging. You agree to return all Product(s) to WWU in the appropriate Return Packaging on or before the return date that is identified in the online invoice for your order for each item of your order. With delivery of the Product(s), WWU will provide you with a pre-paid, pre-addressed WWU mailing box as well as instructions for your use in returning the Product(s) to WWU. The WWU mailing box is yours to keep if you wish. However, if you do wish to keep the original packaging, you must send your rental back in a clean twelve by twelve by twelve (12x12x12) cardboard box. Packaging used that is not provided by WWU must be covered at your own expense. You will be responsible for packaging the Product(s) with great attention and care. If the Product(s) is damaged in transit due to improper packaging, you will be charged the applicable fees as determined by WWU.
2.4.4 Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). You acknowledge that WWU will only mail your order to a street address; no P.O. boxes.
2.4.5 Use of the Products. You agree to treat the Product(s) with great care, as if it was borrowed from your close friend. You are responsible for any loss, destruction or damage to the Product(s) including but not limited to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear includes minor stains, rips, missing beads, stuck zippers or other minor damage. Normal wear and tear is covered by the insurance you paid for with your rental of the applicable Products. You are responsible for any damage beyond normal wear and tear. You agree to pay for the cost of repair or replacement of the Products if WWU in its sole discretion decides that repair is not possible or advisable. You agree that WWU will have the right to charge your credit card on file for any such repair or replacement cost.
2.4.6 Return of the Products; Extensions. You may extend your order for a Product on the Site by email or phone to WWU; provided that any extensions are subject to availability of that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. All Products must be returned by delivering the Products in the appropriate Return Packaging to a UPS store located in the United States by 12 p.m. on or before the date that the Product(s) is due. We are not responsible for any personal or other items returned to WWU in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at email@example.com. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so. You will be responsible for the cost of postage of such items back to you.
2.4.7 Late Fees. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to WWU for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax. This is in addition to the Rental Fee. The late fee is calculated per order that is not returned when due, not for each Product in the order. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and WWU will charge your payment card the maximum late fee allowed by these Terms, less any late fees that you have already paid, plus applicable sales tax. Once you have paid the maximum late fee permitted by these Terms, the Product(s) is yours to keep in its condition. You agree that this is a reasonable fee to charge for late returns.
2.4.8 Sizing Returns. If your Product does not fit, then you may return the Product to WWU within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting WWU at firstname.lastname@example.org or phone (714.504.6607) and returning the Product in conformance with the return procedures above (a “Sizing Return”). WWU will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental, provided that the Product, in our sole discretion, has not been worn. If WWU discovers that you have worn the Product while simultaneously issuing a return, you will be charged for the full Rental Fee to the payment card on file.
2.4.9 Payment of 200% Rental Value. WWU will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2.4, excluding collection costs. If you pay WWU an amount equal to 200% of the Retail Value under this Section 2.4 and you still possess the Product, the Product is yours to keep without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2.4.
2.4.10 Refundable Security Deposit. For every order placed, WWU will charge you a security deposit in the amount, but not limited to, 15-20% of the total retail value(s) of the garment(s) listed within your order. If the returned garment(s) pass our quality checks, the full amount of the security deposit will be refunded. Refunds will be processed on your form of payment within 7 business days.
2.4.11 Correct Products. Subject to availability, we will deliver the Product in your chosen size, color and design on or before the delivery date on your order, except that if there is an occurrence subsequent to the placing of your order which prevents us from timely delivering your order, including but not limited to the Product being damaged beyond repair, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product as a replacement. If we are unable to reach you, we will offer you a refund in the amount of your rental order. It is important to note that Products may appear different in color and style than as displayed on the Site or App.
2.4.12 Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. WWU dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and WWU shall not be held liable for any health-related or skin-related complaints associated with any Product.
3. Warranties and Disclaimers
3.1 Applicable Laws. Each Party warrants that it will comply with applicable law.
3.2 Payment Method. You represent and warrant that you have the right (i.e. you are the owner of or have been duly authorized by the owner thereof) to use the payment method you use to on the Site and/or the App.
THIS SITE AND THE SERVICES ARE PROVIDED AS-IS WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND WWU HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY, TIMELINESS OR ACCURACY OF SERVICE. USE OF THE PRODUCTS IS AT YOUR OWN RISK AND WWU SHALL NOT BE HELD LIABLE FOR ANY HEALTH-RELATED AND/OR SKIN-RELATED COMPLAINTS ASSOCIATED WITH ANY PRODUCT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will defend, indemnify and hold WWU harmless against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with claims made or brought against WWU by a third party relating to your breach of these Terms.
3.5 LIMITATION OF LIABILITY.
EXCEPT FOR YOUR INDEMNIFICATION OBLIGATIONS IN SECTION 3, UNDER NO CIRCUMSTANCES WILL WWU, YOU, OR ANY AFFILIATE BE LIABLE TO ANOTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM THESE TERMS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT WILL WWU’S TOTAL LIABILITY UNDER THESE TERMS EXCEED THE AMOUNT OF FEES PAID BY YOU TO WWU THE RENTAL OF THE PRODUCTS WHICH IS THE SUBJECT OF THE CLAIM. THIS LIMITATION IS A FAIR ALLOCATION OF RISK.
4.1 Termination By You. You may discontinue your use of the Services at any time by sending us an email at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
4.2 Termination By WWU. Without limiting our rights specified below, WWU may terminate these Terms for convenience at any time by giving You 10 days’ notice via email to Your registered email address. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. WWU may also terminate your account if WWU determines that your conduct poses a risk or liability to WWU, or for any other reason as determined by WWU in its sole discretion.
4.3 Effects of Termination. Any termination pursuant to this Section will be without any liability or obligation of the terminating party, other than with respect to any breach of these Terms prior to termination. If You or WWU terminate this Agreement, WWU does not have an obligation to delete or return to you any of Your information. When this Agreement has been terminated, You are not entitled to a restoration of your WWU account or any of Your information. If Your access to or use of the Site and Services has been limited or Your WWU account has been suspended or this Agreement has been terminated by WWU, You may not register a new WWU account or attempt to access and use the Site and Services through others’ accounts.
4.4 Survival. If You or WWU terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
5. Information Security
WWU respects copyright law and expects its users to do the same. WWU's policy is to terminate in appropriate circumstances the WWU account or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. As such, WWU adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any member content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to WWU’s designated agent (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a Merchandise faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
WWU’s Copyright Agent to receive DMCA Takedown Notices is: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that for WWU to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
7. General Conditions
The following additional terms and conditions apply to the sale, use and redemption of WWU physical gift cards and electronic-only “digital” gift cards and gift credits (collectively, “Gift Cards”). Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this Section, the purchase, use and redemption of Gift Cards is considered part of the Services subject to these Terms generally.
7.1 Redemption and Use. Gift Cards may be purchased online only. Gift Cards are redeemable only for eligible services and products through www.wewearus.com. Limits may apply to Gift Card redemption and use. A Gift Card cannot be used to purchase other Gift Cards. When a Gift Card is redeemed, the value of the rental or purchase plus any shipping fees and sales taxes will be deducted from the currently available Gift Card balance.
7.2 Additional Terms for Digital Gift Cards. Digital gift cards are only issued electronically; no physical card will be provided. The digital gift card number will be delivered to the recipient’s email address that purchaser provides at time of purchase of the digital gift card. Purchaser is responsible for providing an accurate and deliverable recipient email address. Recipient will usually receive a digital gift card via email within 24 hours, or on the delivery date the purchaser chooses. Digital gift cards may be redeemed by providing the digital card number at the time of checkout online.
7.3 Expiration and Fees. The Gift Cards do not expire, and are not subject to any fees. Gift Cards are not redeemable or exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not refundable. Gift Cards cannot be transferred for value.
7.4 Lost, Stolen, or Damaged Cards; Unauthorized Use. You should treat your Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift Cards passes to the purchaser upon sale. WWU reserves the right to refuse to accept Gift Cards that WWU believes were fraudulently obtained. WWU is not responsible if a Gift Card is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost, stolen or damaged only with proof of purchase and only for the value shown on WWU’s records. WWU is not responsible if your Gift Card is used without your permission.
7.5 Limitation of Liability. IN ADDITION TO THE LIMITATIONS OF LIABILITY STATED IN SECTION 3.5, IN THE EVENT THAT WWU IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.
7.6 Customer Service; Check Balance. For assistance or to check Gift Card balance, email email@example.com or call 714.504.6607.
8. Intellectual Property and Copyright
The Site, Services, and Contents are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and content, including all associated intellectual property rights, are the exclusive property of WWU and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or content. All trademarks, service marks, logos, trade names, and any other proprietary designations of WWU used on or in connection with the Site and Services, are trademarks or registered trademarks of WWU in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Services, and Content are used for identification purposes only and may be the property of their respective owners.
9. Arbitration and Class Action Waiver
By agreeing to the Terms, You agree that You are required to resolve any claim that You may have against WWU on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against WWU, and also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against WWU by someone else.
9.1 Agreement to Binding Arbitration Between You and WWU.
You and WWU agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) Your access to or use of the Services at any time, whether before or after the date You agreed to the Terms, will be settled by binding arbitration between You and WWU, and not in a court of law.
You acknowledge and agree that You and WWU are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both You and WWU otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, You and WWU each retain 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.
9.2 Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
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.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form, Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
9.4 Location and Procedure.
Unless You and WWU otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $5,000, then the arbitration will be conducted solely on the basis of documents You and WWU submit to the Arbitrator, unless You request a hearing or the Arbitrator determines that a hearing is necessary. If Your claim exceeds $5,000, 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.
9.5 Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. 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. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If You prevail in arbitration, You will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. WWU will not seek, and hereby waives all rights WWU may have under applicable law to recover attorneys' fees and expenses if WWU prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions in Section 9 above, regarding consent to be bound by amendments to these Terms, if WWU changes this Arbitration Agreement after the date You first agreed to the Terms (or to any subsequent changes to the Terms), You may reject any such change by providing WWU written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either by email from the email address associated with Your Account to: firstname.lastname@example.org. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to this Arbitration Agreement. By rejecting changes, You are agreeing that You will arbitrate any dispute between You and WWU in accordance with the provisions of this Arbitration Agreement as of the date You first agreed to the Terms (or to any subsequent changes to the Terms).
9.8 Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
10.1 Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between WWU and You regarding the use of this Site, the Services and/or the Software, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WWU and You regarding use of this Site and the Services.
10.2 Force Majeure. WWU will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond WWU’s reasonable control.
10.3 Communication. All notices, requests, and other communications will be sent to Your email address provided herein, and if to WWU to the email address email@example.com or to any other addresses as either party may specify to the other in writing. Notice is made when received. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard messaging and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing firstname.lastname@example.org. You acknowledge that opting out of receiving communications may impact your use of the Services.
10.4 Geographic Consideration. The Site is based in the United States. The Site can be accessed from countries around the world, but we only ship to the addresses in the United States. Access to the Site may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. Access to the Site from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that You remain responsible at all times for Your compliance with U.S. and all applicable export and related statutes and regulations.
10.5 Governing Law. These Terms are governed by and construed under California law excluding its conflict of law provisions. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in the state of California and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
10.6 Limited Relationship. WWU is an independent contractor; nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between You and WWU.
10.7 Severability. If any provision or part of a provision in these Terms is illegal, invalid, or unenforceable by a court or other decision-making authority, then the remainder of the provision will be enforced, and the validity of all other provisions in these Terms will not be affected or impaired.
10.8 No Waiver. Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under these Terms will act as a waiver of those rights.
10.9 Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. WWU may assign these Terms at any time without notice to you.
10.10 Modification. WWU reserves the right, at its sole discretion, to modify the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on WWU’s site and/or provide You notice of the modification by email. We will also update the “Updated Effective” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of this Site, the Services and/or Software will constitute acceptance of the modified Terms. If the modified Terms contain material changes (by decreasing Your rights or increasing Your responsibilities), we will provide You with notice prior to the changes taking effect. If the modified Terms are not acceptable to You, Your only recourse is to discontinue the use of the Services. If You do not terminate these Terms by emailing email@example.com, You will be deemed to have accepted the changes.