Effective February, 2017 Waff Corp. Terms of Service
As discussed further below, both you and Waff Corp. agree, with the limited exceptions noted below, to resolve all disputes between you and Waff Corp. through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. These Terms may be amended by us from time to time at our sole discretion. Please periodically review the controlling, online version of these Terms. By continuing to use the Website subsequent to us making available an amended version of these Terms, you thereby acknowledge, agree to, and consent to such amendment. YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM. When using the Website, you shall be subject to all displayed rules, community guidelines, and policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms. We may also offer other websites that are governed by different terms. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that you are at least 18 years of age. If you are not 18 years of age, please do not submit personally identifiable information to us or purchase our products. About Our Website We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website.”
Our Website provides information regarding the WAFF Mini, WAFF Medium and WAFF Max, which are designed for use in exercise programs and by trained physical therapists as well as to be personally enjoyed as a source of relaxation, comfort and well-being. Developed by a team of health and sport professionals in France, it is a fun, safe, effective and invigorating way to get in shape and improve physical fitness (both in concert with a vigorous exercise regimen) or just unwind. Please see our Warnings page for important safety information regarding the WAFF and its use. Accessing the Website You may access portions of the Website without registering. However, in order to access some portions and features of the Website, you may be required to register with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at firstname.lastname@example.org.
If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to the use of third party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply. Our Intellectual Property Waff Corp. and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Certain materials available on or through the Website are our Works (i.e., data, information, comments, ideas, or other types of content (collectively “Content”) we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Website. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein.
Pricing and Product Descriptions Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time. Order Limitations We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis. Shipping Please refer to our Shipping Policies at Shipping Policies for more information on our shipping rates, policies and procedures. Limited 90-Day Warranty WAFF products carry a limited 90-day warranty under the terms set forth below: Waff Corp. warrants that new products sold by Waff Corp. are free from all material defects in workmanship and materials.
For new products, all warranties provided Waff Corp. and all implied warranties imposed by law are limited to a 90-day period, beginning on the purchase date shown on the new product’s sales receipt (“Warranty Period”). This 90-day Limited Warranty (“Limited Warranty”) is provided solely for the benefit of the initial purchaser of the new product (“Purchaser”), and it excludes all third parties, including distributors, dealers, retailers, subsequent owners, and other users of the new product. This Limited Warranty is not assignable and remains in full force and effect during the Warranty Period, but only if the New Product: (a) has been properly maintained; (b) has not been abused or misused; (c) has not been used commercially; and (d) has not been repaired, altered, or modified. This Limited Warranty specifically excludes all taxes, shipping costs, and problems relating to any: (1) repair, alteration, or modification; (2) abuse or failure to properly maintain the new product; (3) faulty workmanship by any person, except Waff Corp. or its approved agent; (4) operation of the new product, except as specified in its operating manual/product warnings; or (5) ordinary wear and tear. During this warranty period, if a defect arises in the new product, and you follow the instructions for returning the product, we will, at our option, either (i) repair the new product using either new or refurbished parts, (ii) replace the new product with a new or refurbished product, or (iii) refund the purchase price of the new product. All replaced parts and products for which a refund is given shall become our property.
THE TERMS IN THIS DOCUMENT ARE THE ONLY TERMS THAT GOVERN WAFF CORP.’S WARRANTY OBLIGATIONS FOR ANY NEW OR USED PRODUCT OR PART THEREOF. NO ORAL OR OTHER WRITTEN TERM APPLIES, AND TO THE EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY US IN OUR SOLE DISCRETION. WAFF CORP. IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, LOST PROFITS, OR SIMILAR DAMAGES CLAIMED UNDER ANY STATUTE OR LEGAL OR EQUITABLE THEORY. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. WAFF CORP.’S TOTAL LIABILITY FOR ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR ANY PRODUCT OR PART THEREOF IS LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THIS DOCUMENT PROVIDES THE EXCLUSIVE REMEDY FOR ALL CLAIMS AGAINST WAFF CORP. WITH RESPECT TO ANY NEW OR USED PRODUCT OR PART THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO PURCHASER. THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MIGHT HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Warranty replacement for WAFF products requires shipping the product to us at your expense in accordance with the Return Policy below.
Once we receive proof of purchase and the product in accordance with the Return Policy set forth below, we will contact you within 10 business days to confirm if your claim is covered under our warranty policy or to provide other repair or replacement options. Return Policy We gladly accept returns, in the country where purchased, of the following: • Unopened WAFF products (where the tape of the packaging has not been broken) within 30 days of the date of purchase; • WAFF products with defects covered under the Limited Warranty within 90 days of the date of purchase. Refunds will be made in the form of the original payment and will not include any shipping or handling charges you have paid. You may send the item back to us at the address below, at your expense. Once we receive your package, we will promptly process an exchange or issue a refund in accordance with this policy. Please include the following information with your return: • Your name, billing address, telephone number, and email address; • The name, address, and zip code of the person who placed the order (if different than above); • The original purchase price and date of purchase; • A copy of the receipt or invoice corresponding to the purchase; and • A brief description of the problem or service you are requesting.
Our return address and phone number are as follows: 260 S Beverly drive suite 210 90212 Beverly Drive 3102737660 Content Posted by Users You and other users may be able to upload, post, create, make available, send, share, communicate, or transmit (“Post”) Content to the Website and other websites linked to on the Website.
You understand that all Content Posted by users of the Website (“User Content”) is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content. You retain ownership of the intellectual property contained in your User Content. However, you grant us a royalty-free, irrevocable, transferrable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content. In no circumstances will we be liable to you for any exploitation of any User Content that you Post. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and exploit User Content that you Post. You also grant other users of the Website a non-exclusive, royalty free license to access your User Content via the Website consistent with the terms herein and to engage in any reproductions, public performances, communications to the public, distributions, or public displays necessary to do so. We have no obligation of confidentiality, express or implied, with respect to User Content that you Post to or through the Website, and we shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever). By submitting to us any comment or testimonial, you grant to us and our designees, successors, assigns and licensees the irrevocable, royalty-free right to publish, disseminate, and use your name, likeness, and biographical information, as well as your comment or testimonial, without further notice or consideration, in perpetuity, throughout the world, in all media and media now known or hereafter invented, in connection with the commercial promotion and marketing of our products and services. If you are a minor, you should not be Posting any User Content.
However, if you do so and you want us to remove the User Content from the Website, please contact us at [INSERT]. You will need to provide us with specific information describing the location of the User Content that you want us to remove. We will take reasonable efforts to remove the User Content upon receiving a sufficient request but we cannot ensure complete or comprehensive removal of the User Content. Procedure for Making Claims of Copyright Infringement For User Posted Content and Links We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any Content accessible on or through the Website, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at :
By mail: email@example.com
By phone: coming soon To be effective, the notice of claimed infringement must include the following required contents: • 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 have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly); • Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted; • A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content. Any person who receives notice that material they Posted to the Website has been removed in response to a complaint may request the replacement of the material by sending a counter notice to our Designated Agent containing all of the following information: • A physical or electronic signature of the Website user; • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; • A statement under penalty of perjury that the Website user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and • The Website user’s name, address, and telephone number, and a statement that the he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the address is outside of the United States, for the Central District of California, and that the Website user will accept service of process from the person who provided the copyright complaint or an agent of such person. Upon receipt of such a counter notice, we may, at our sole and absolute discretion, (i) notify the complaining party that its claim has been contested; (ii) provide that party with the information contained in the counter notice; and (iii) restore access to the removed material, unless the complaining party files a lawsuit within 10 business days of the date of the counter notice. For the avoidance of doubt, we have no obligation to take any action in response to the counter notice. Procedure for Making Other Complaints If you believe that your rights, or the rights of a third party, are being violated in any way by any Content accessible on or through the Website, please contact us at firstname.lastname@example.org . Where appropriate, we will work to prevent unlawful activity from taking place on or through the Website. Prohibited Conduct/Representations and Warranties You represent and warrant that you will not use the Website to: • Violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so; • Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; • Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation; • Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling; • Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own; • Post any User Content for which you have not obtained all necessary written permissions and releases; • Misrepresent any fact (including without limitation your identity); • Post any User Content that contains software viruses or any other computer code, files or programs designed to affect, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct; • Exceed your authorized access to any portion of the Website; • Collect or store personal data about anyone; • Modify without permission any part of the Website; • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website; • Exploit errors in design features which are not documented and/or bugs to gain access that would otherwise not be available; • Use any robot, spider, scraper, or other automated means to access the Website for any purpose; • Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website. Indemnification You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising from or out of your use of a WAFF and/or the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Disclaimers YOU USE THE WEBSITE AND PRODUCTS PURCHASED THROUGH THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE AND OUR PRODUCTS "AS IS" AND "AS AVAILABLE". EXCEPT FOR THE LIMITED WARRANTY, WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT OR PURCHASES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT (1) THE WEBSITE OR PURCHASES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OR PURCHASES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OR PURCHASES OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. Limitation of Liability TO THE EXTENT ALLOWED BY LAW, WAFF CORP. SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING: • DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; • MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY THE WEBSITE (OR ANY PART THEREOF) OR OUR PRODUCTS WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; • IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; • THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR • ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL WAFF CORP. BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF YOUR USE OF THE WEBSITE, ANY PURCHASE MADE THROUGH THE WEBSITE, YOUR USE OF THE WAFF, OR THESE TERMS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. Jurisdictional Restrictions SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Release If you have a dispute with one or more users of the Website, or with any party who provides advertising or third-party services, on, or through the Website, or with any party who provides a website linked to on the Website, you release us from claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542 which says: "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." You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release. Dispute Resolution; Limit on Time to Bring Claim; Arbitration of Claims; Class Action Waiver REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE WEBSITE, INCLUDING ANY SALES MADE THROUGH THIS WEBSITE OR YOUR USE OF THE WAFF, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. Both you and Waff Corp. agree, with the limited exceptions noted below, to resolve all disputes between you and Waff Corp. through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Both you and Waff Corp. waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, your purchases through the Website, or products purchased through the Website as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, which is discussed further below, is generally referred to herein as the “class action waiver.”) Use of this Website, any purchases made through this Website, and any controversy, claim or dispute arising out of or relating in any way to your use of the Website, your account, your purchases through the Website, or your use of products purchased through the Website shall be governed by the laws of the your home state of residence without respect to its choice (or conflict) of laws rules. Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes. If this paragraph would render any other paragraph or provision of these Terms unenforceable, then jurisdiction and venue shall instead be in your home county of residence. These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). Waff Corp. and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Waff Corp. shall send a letter to the other side briefly summarizing the claim and the request for relief. If Waff Corp. is the claimant, the letter shall be sent, via email, to the email account last provided in connection with your purchase of a product through the Website or use of your account. If you are the claimant, the letter shall be sent to Waff Corp suite 210 260 south Beverly drive 90212 berverly hills CA USA.
If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein. Except to the limited extent noted below, use of this Website, use of your account, any purchases made through this Website, and any controversy, claim or dispute arising out of or relating in any way to your use of the Website, use of your account, and/or use of products purchased through the Website shall be resolved by final and binding arbitration. Except as otherwise provided above with respect to jurisdiction and venue, the arbitration shall take place in Los Angeles County, California in accordance with the AAA Consumer Arbitration Rules of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration. If you decide to commence arbitration, the provider will require to you to pay a filing fee (which, at the time these Terms were posted, is currently $200). If your filing fee is more than $200, the Company will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, the Company will also reimburse you for the $200 base fee. Finally, you may request from the arbitrator a waiver of this fee on the ground that you cannot afford it. If the arbitrator concludes that a waiver is appropriate – using the same standards that would apply if you sought waiver from the Los Angeles Superior Court or your local state court, which rules are less stringent – then Waff Corp. will promptly reimburse the fee after it receives notice of the arbitrator’s waiver decision. The Company will pay all of the arbitrator’s fees for hearing the matter, provided the amount claimed in your demand is less than $10,000. If your demand equals or exceeds $10,000, then responsibility for payment of the arbitrator’s fees shall be determined in accordance with the applicable arbitration rules. If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Waff Corp.’s last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Waff Corp. will pay you the amount of the award or $1,000, whichever is greater (in addition to reimbursing you for the base fee). This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction. Both you and Waff Corp. waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the AAA Consumer Arbitration Rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of this Dispute Resolution procedure shall be null and void. Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration. You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms by doing the following. Within 15 days of making your first purchase from Waff Corp., you must send a letter to email@example.com that specifies (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms. All other Terms shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline. Notice For California Users Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Miscellaneous These Terms constitute the entire agreement between you and Waff Corp., and govern your use of the Website and purchases made thereon.
These Terms supersede any prior agreements between you and us with respect to the Website and purchases made thereon. These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns. No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, Waff Corp.’s representatives, officers, shareholders, parents, subsidiaries, affiliates, employees, and agents are intended third-party beneficiaries. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The headings in these Terms are for convenience only and have no legal or contractual effect. We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Website, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content. “Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.