Terms of Service

Overview

This website (the "Site") is operated by Wesloft LLC ("Wesloft"). Throughout the Site, the terms "we", "us" and "our" refer to Wesloft. Wesloft offers this Site, including all information, tools, features, products and services available on and through this Site (collectively with the Site, the "Service") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (these "Terms of Service", "Terms").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. YOUR ACCESS TO AND USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY, THESE TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN.

TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU ARE AGREEING TO ARBITRATE DISPUTES AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms of Service apply to all users of the Service, including without limitation, users who are visitors, browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions in these Terms of Service, then you may not access the Site or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting such updated version of these Terms of Service on the Site. All updates and/or changes will be effective immediately upon posting. We encourage you to check this page each time you visit the Site. Your continued use of the Service following the posting of any updates and/or changes to these Terms of Service constitutes your acknowledgement and acceptance of those updates and/or changes.

Our store is powered by Medusa.js. They provide us with the e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent and warrant that you are not prohibited by law from accessing or using the Service in your jurisdiction, that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Service. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A MINOR, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Section 4 - Modifications To The Service And Prices

The price for all goods will be as quoted on our Site and we reserve the right, in our sole discretion, to change the price for any goods, at any time, for any reason. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. Prices and availability information are subject to change without notice. Prices do not include any applicable taxes, brokerage costs or customs duties, where applicable, or delivery costs, all of which you agree to pay.

We reserve the right, in our sole discretion, at any time, to modify, suspend or discontinue (temporarily or permanently) the Service (or any part, feature or content thereof), or discontinue any transaction through the Service, without notice at any time and without liability therefor.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. All purchases through the Service are made pursuant to a shipping contract. This means that the risk of loss and title for such items pass to you upon our delivery of such items to the shipping carrier. You are responsible for filing any claims directly with the applicable carrier for damaged, missing and/or lost shipments.

Section 5 - Products Or Services

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Acknowledgement of your order means that we have received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. We must verify an item's availability before it is shipped.

We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. Any offer for any product or service made on this Site is void where prohibited. We reserve the right, but are not obligated, to (i) limit the sales of products or availability of the Service to any person, geographic region or jurisdiction; (ii) limit the quantities of products available for purchase per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We further reserve the right to: (a) limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors; and (b) limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We have made every effort to be as accurate as possible when describing and displaying products on the Service. However, items may occasionally be mispriced, described inaccurately or unavailable (for example, due to delays with respect to updating the Service or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We cannot guarantee that your computer monitor's display of any color will be accurate. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Service.

FOR THESE REASONS AND OTHERS, WESLOFT DOES NOT NOR CAN NOT GUARANTEE THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF THE INFORMATION ON THE SERVICE, INCLUDING PRICES, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND INDICATIONS OF AVAILABILITY. WESLOFT RESERVES THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRODUCT PRICING, AND TO CORRECT ERRORS, INACCURACIES OR OMISSIONS AT ANY TIME, WITHOUT PRIOR NOTICE.

Section 6 - Accuracy Of Billing And Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we have no control or input and which we do not monitor.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us, such as Facebook, Instagram, Twitter and YouTube. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. BY CLICKING ON LINKS TO THIRD-PARTY SITES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO THE TERMS OF SUCH SITES, AND THAT WE HAVE NO LIABILITY WHATSOEVER WITH RESPECT THERETO.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - Proprietary Rights; Limited License

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, the Service, all the content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data, information and other materials thereon (collectively, the "Site Content"), the look and feel, design and organization of the Service, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership or title of, in or to any Site Content or any other part of the Service.

The trademarks displayed on the Service are the trademarks, logos, service marks, and/or trade dress of Wesloft or other third parties, and may not be used without the prior express written permission of the applicable owner. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or trade name displayed on the Service without the written permission of the rights holder. The use of third-party trademarks, logos, service marks or trade names on the Service does not, in itself, constitute an endorsement of any third party or its products or services, or such third party's endorsement of Wesloft or its products.

Except as specifically provided herein, none of the Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, without prior written permission from us in each instance. Subject to the terms and conditions set forth in these Terms of Service, we grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Service and Site Content on your computer or other Internet-enabled device, and to electronically copy and print portions of the Service for the sole purpose of placing an order with us or using the Service as a shopping resource. The Service and Site Content are for your personal and non-commercial use only. Any other use the Service or Site Content - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, or any use of data mining, robots, or similar data gathering and extraction tools - is strictly prohibited without the prior written permission of Wesloft.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; or (4) to use any Comments. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

Section 10 - Personal Information; User Accounts

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy in order to learn about our practices with respect to the collection and processing of your personal information, which is accessible at /privacy-policy. The Privacy Policy is hereby incorporated by reference into these Terms. By using the Service, you agree to the terms of the Privacy Policy.

If you register an account on the Service, you:

• must not allow any third party to access the Service using the email address you provided during the registration process ("Log-In ID") and password;
• are prohibited from using anyone else's Log-In ID and password to access the Service;
• are responsible for any use of the Service by any third party who accesses the Service using your Log-In ID and/or password;
• will notify us immediately if you suspect any unauthorized use of the Service or of your Log-In ID and/or password; and
• are responsible for ensuring that any information that you provide to us as part of the account registration process is accurate and is kept up to date at all times, and you will notify us immediately of any changes to this information.

By creating an account, you consent to receive electronic communications from us, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

Section 11 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. Further, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not warrant and expressly disclaim, to the fullest extent permitted by applicable law, that the results that may be obtained from accessing the Site and the use of the Service will be accurate, reliable, complete, legal or safe. THE SERVICE IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAWS. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICE.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your reliance on, use of, or inability to use, the Service is at your sole risk. The Site, the Service and all content, products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Section 12 - Governing Law

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws in effect in the State of California, without regard to its conflicts of law principles.

Section 13 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site, and any such updates, changes or alterations will be effective upon our posting of the revised Terms of Service. It is your responsibility to check our Site periodically for changes. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 14 - Contact Information

If you have any questions about the Terms of Service, please email us at support@wesloft.com.