THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WEPLENISH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
WePlenish, LLC (“WePlenish,” “we,” “us,” “our”) provides its WePlenish System (described below) to you through its website located at www.weplenish.com (the “Site”) and through its proprietary mobile applications (“App”) and related services (collectively, such services, including any new features and applications, and the Site, the “WePlenish System”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the end of the Terms of Service the date these terms were last revised. We will also notify you, either through the WePlenish System user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the WePlenish System or changes made for legal reasons will be effective immediately. Your continued use of the WePlenish System after the date any such changes
WePlenish System Description: WePlenish has developed the WePlenish System, which is an automatic purchase system, and WePlenish is the designer, manufacturer and supplier of certain proprietary smart containers, including the WePlenish Java™, that once enabled through WePlenish’s App, measures and tracks consumption patterns, and automatically reorders consumable goods.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify WePlenish of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the WePlenish System. WePlenish will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to WePlenish System: WePlenish reserves the right to modify or discontinue, temporarily or permanently, the WePlenish System (or any part thereof) with or without notice. You agree that WePlenish will not be liable to you or to any third party for any modification, suspension or discontinuance of the WePlenish System.
General Practices Regarding Use and Storage: You acknowledge that WePlenish may establish general practices and limits concerning use of the WePlenish System, including without limitation the maximum period of time that data or other content will be retained by the WePlenish System and the maximum storage space that will be allotted on WePlenish’s servers on your behalf. You agree that WePlenish has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the WePlenish System. You acknowledge that WePlenish reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that WePlenish reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The WePlenish System includes certain services that are available via a mobile device, including (i) the ability to upload content to the WePlenish System via a mobile device, (ii) the ability to browse the WePlenish System and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the WePlenish System through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding WePlenish and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WePlenish account information to ensure that your messages are not sent to the person that acquires your old number.
Orders: At the time an order for a certain consumable good is placed through the WePlenish System, you will have an opportunity to approve automatic reordering of such consumable good, as the WePlenish System is designed to anticipate depletion and automatically place consumable replenishment orders when supplies are running low. You will be prompted to approve the initial order and before any replenishment order is processed, you will be prompted automatically by email and you will need to approve each replenishment order. By clicking Approve in response to such notification and/or prompt you are agreeing to such order and to the Terms of Service.
Fees: When purchasing a WePlenish smart container and/or placing orders for consumable goods through the WePlenish System, you will be required to provide WePlenish with information regarding your credit card or other payment instrument. You represent and warrant to WePlenish that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay WePlenish the amount that is specified in such order in accordance with the terms of such order and this Terms of Service. You hereby authorize WePlenish to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable order until you terminate your account (in accordance with the terms of Termination herein), and you further agree to pay any charges so incurred. If you dispute any charges you must let WePlenish know within sixty (60) days after the date that WePlenish charges you. We reserve the right to change prices of smart containers, as well as the consumable goods available for purchase through the WePlenish System. Your continued use of the WePlenish System after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with your use of the WePlenish System other than U.S. taxes based on WePlenish’s net income.
Resale; Lease; Title Transfer; and Returns: The WePlenish System, the smart containers and any products purchased through the use of the WePlenish System (collectively, the “Products”), are intended for end users only, and are not authorized for resale. If you have purchased one or more smart containers and/or products through the WePlenish System, title to any items purchased from WePlenish passes to you at the time of delivery by WePlenish to the freight carrier, but WePlenish and/or the freight carrier will be responsible for any product loss or damage that occurs when the items are in transit to you.
WePlenish is committed to ensure you are happy with your Java, and we back this up with our return policy designed to make the process as seamless as possible. If you are not pleased with your Java, simply contact us within 30 days of receiving the product, and we will either replace or refund your purchase. While we hope it will not come to this, we will make it as easy as possible with a prepaid return shipping label that you will need to send the Java back to us. If your Java simply isn’t working, we will send you a new unit out by the next business day. Just place the prepaid label on the box and send back the non-working unit within 30 days.
If you are provided a WePlenish smart container in connection with your purchase of consumable goods from an organization other than WePlenish, so that future purchases of consumable goods may be replenished through the WePlenish System, then title to such WePlenish smart container and the consumable goods purchased passes to you subject to the terms and conditions adopted by such organization and returns are subject to the return policy of such organization.
Shipping and Delivery: Shipping and delivery charges for items purchased through the WePlenish System are as quoted on the WePlenish System from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
Product Restrictions: Although our Site is accessible worldwide, our Products are designed and tested solely for use in the United States. If you choose to use the Products outside of the United States you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the WePlenish System. The following are examples of the kind of content and/or use that is illegal or prohibited by WePlenish. WePlenish reserves the right to investigate and take appropriate legal action against anyone who, in WePlenish’s sole discretion, violates this provision, including without limitation, removing the offending content from the WePlenish System, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the WePlenish System to:
Commercial Use: Unless otherwise expressly authorized herein or in the WePlenish System, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the WePlenish System, use of the WePlenish System, or access to the WePlenish System. The WePlenish System is for your personal use.
WePlenish offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
WePlenish and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
WePlenish System Content, Software and Trademarks: You acknowledge and agree that the WePlenish System may contain content or features (“System Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by WePlenish, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the WePlenish System or the System Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the WePlenish System. In connection with your use of the WePlenish System you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by WePlenish from accessing the WePlenish System (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the WePlenish System or the System Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the WePlenish System or distributed in connection therewith are the property of WePlenish, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by WePlenish.
The WePlenish name and logos are trademarks and service marks of WePlenish (collectively the “WePlenish Trademarks”). Other company, product, and service names and logos used and displayed via the WePlenish System may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to WePlenish. Nothing in this Terms of Service or the WePlenish System should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of WePlenish Trademarks displayed on the WePlenish System, without our prior written permission in each instance. All goodwill generated from the use of WePlenish Trademarks will inure to our exclusive benefit. Third Party Material: Under no circumstances will WePlenish be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that WePlenish does not pre-screen content, but that WePlenish and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the WePlenish System. Without limiting the foregoing, WePlenish and its designees will have the right to remove any content that violates these Terms of Service or is deemed by WePlenish, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the WePlenish System: With respect to the content or other materials you upload through the WePlenish System or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant WePlenish and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the WePlenish System or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the WePlenish System (“Submissions”), provided by you to WePlenish are non-confidential and WePlenish will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that WePlenish may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WePlenish, its users and the public. You understand that the technical processing and transmission of the WePlenish System, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The WePlenish System may provide, or third parties may provide, links or other access to other sites and resources on the Internet. WePlenish has no control over such sites and resources and WePlenish is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that WePlenish will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the WePlenish System are between you and the third party, and you agree that WePlenish is not liable for any loss or claim that you may have against any such third party.
In addition, WePlenish is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, WePlenish is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. WePlenish enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold WePlenish and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the WePlenish System, any User Content, your connection to the WePlenish System, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOUR USE OF THE WEPLENISH SYSTEM IS AT YOUR SOLE RISK. THE WEPLENISH SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEPLENISH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
WEPLENISH MAKES NO WARRANTY THAT (I) THE WEPLENISH SYSTEM WILL MEET YOUR REQUIREMENTS, (II) THE WEPLENISH SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEPLENISH SYSTEM WILL BE ACCURATE OR RELIABLE, OR
(IV) THE QUALITY OR QUANTITY OF ANY PRODUCTS PURCHASED HEREUNDER AND YOUR USE THEREOF, SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SHIPPING OR HANDLING OF PRODUCTS), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEPLENISH SYSTEM WILL BE WITHOUT ERROR OR MEET YOUR EXPECTATIONS.
Our products may include product warnings and instructions on the packaging, labels and documentation. AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF PRODUCTS, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE WEPLENISH SYSTEM. In addition, you agree to only use the products in a manner that complies with all applicable laws and regulations.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEPLENISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEPLENISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEPLENISH SYSTEM OR ANY PRODUCT PURCHASED THROUGH THE WEPLENISH SYSTEM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED (INCLUDING, WITHOUT LIMITATION ANY PRODUCT PURCHASED THROUGH THE WEPLENISH SYSTEM) OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEPLENISH SYSTEM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEPLENISH 11 SYSTEM; OR (V) ANY OTHER MATTER RELATING TO THE WEPLENISH SYSTEM. IN NO EVENT WILL WEPLENISH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WEPLENISH IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEPLENISH SYSTEM OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEPLENISH SYSTEM.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. Agreement to Arbitrate This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and WePlenish, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the WePlenish System, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and WePlenish are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
B. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND WEPLENISH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WEPLENISH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING 12 RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
C. Pre-Arbitration Dispute Resolution WePlenish is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to WePlenish should be sent to WePlenish, LLC: 150 S. Pine Island Road, Suite 530, Plantation, FL 33324, Attention: General Counsel (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If WePlenish and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or WePlenish may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by WePlenish or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WePlenish is entitled.
D. Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information bout the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless WePlenish and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
E. Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
F. Confidentiality All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
H. Severability If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
I. Future Changes to Arbitration Agreement Notwithstanding any provision in this Terms of Service to the contrary, WePlenish agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the WePlenish System, you may reject any such change by sending WePlenish written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You may cancel or temporarily stop any automatic replenishment orders at any time prior to approving an order through the WePlenish System. In addition, you may cancel any subscriptions by sending an email to email@example.com notifying us of your intent to cancel at least thirty (30) days prior to the end of your then-current subscription term, provided however, any subscription plans cancelled within the first three (3) months of the plan may be subject to an early termination fee. Other subscription terms and conditions may apply, as indicated on the WePlenish System. You may opt-out of push notifications which will be automatically generated by the WePlenish System to suggest additional consumable
For more information, please contact us at firstname.lastname@example.org.
You agree that WePlenish, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the WePlenish System and remove and discard any content within the WePlenish System, for any reason, including, without limitation, for lack of use or if WePlenish believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of WePlenish System, may be referred to appropriate law enforcement authorities. WePlenish may also in its sole discretion and at any time discontinue providing the WePlenish System, or any part thereof, with or without notice. You agree that any termination of your access to the WePlenish System under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that WePlenish may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the WePlenish System. Further, you agree that WePlenish will not be liable to you or any third party for any termination of your access to the WePlenish System.
You agree that you are solely responsible for your interactions with any other user in connection with the WePlenish System and WePlenish will have no liability or responsibility with respect thereto. WePlenish reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the WePlenish System.
These Terms of Service constitute the entire agreement between you and WePlenish and govern your use of the WePlenish System, superseding any prior agreements between you and WePlenish with respect to the WePlenish System. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of Florida without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and WePlenish agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broward County, Florida. The failure of WePlenish to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the WePlenish System or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of WePlenish, but WePlenish may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The WePlenish System may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the WePlenish System.
Under California Civil Code Section 1789.3, users of the WePlenish System 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 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at WePlenish, LLC, 150 S. Pine Island Road, Suite 530, Plantation, FL 33324, Attention: General Counsel.
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the WePlenish System.
Date of Last Revision: August 15, 2017