WeVibin Inc Inc Terms of Service
Last Updated: January 1, 2020.
1. Acceptance of Terms
Your use of the WebVibin Inc products, devices, services, web site and mobile application (collectively “Services” or “Service”) is subject to the terms of the legal agreement between you and WeVibin Inc set forth in these Terms of Service ("TOS"). Except as specified herein, these TOS apply to any use of the Services and in order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by WeVibin Inc for any Service; or by (2) actually using the Services. In this case, you acknowledge and agree that WeVibin Inc will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. WeVibin Inc also may offer other services from time to time that are governed by different terms of service.
You may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with WeVibin Inc, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
3. Description of the Services
The Services include access to the WeVibin Inc public website, mobile application and wearable devices purchased from us and should you also purchase a subscription, the Services will also involve WeVibin Inc’s full cognitive performance and attention tests, including all tools, features and data reports associated with such tests. Unless explicitly stated otherwise, each new tool, feature or application that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS-IS." As research progresses and scientific knowledge and technology evolve, WeVibin Inc is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which WeVibin Inc provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that WeVibin Inc may stop (permanently or temporarily) providing some Services (or any tools, features or applications within the Services) to you or to users generally at WeVibin Inc's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform WeVibin Inc when you stop using the Services. WeVibin Inc assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment.
4. Risks and Considerations Regarding WeVibin Inc Services
Once you obtain your test results, the knowledge is irrevocable. You should not assume that any test results we may be able to provide to you will necessarily be in accordance with your expectations or will be received by you anxiety free. The test results may also have social, legal or economic implications for you. You should also understand that as research advances, in order for you to assess the meaning of your test results, you may want to consult with a health care provider. A health care provider may also be able to help you understand or interpret your results and options.
The wearable device may not be able to process certain test metrics, and the test results may be in error. Although we are very confident that our devices and tests can accurately measure individual cognitive and attention performance, our devices and tests may not be able to process your metrics 100% of the time or that your test results will be error free 100% of the time. While we are always available to answer your questions and to help with rectifying a problem with one of our devices or tests, WeVibin Inc maintains a strict no refund policy should a processing or other error occur.
You should not change your behavior solely on the basis of test results received from WeVibin Inc. Make sure to discuss your test results with a health care provider before you act upon the test results resulting from WeVibin Inc Services. If you have concerns or questions about what you learn through WeVibin Inc, you should contact a health care provider.
Our tests are not necessarily comprehensive. While our tests measure many metrics, the metrics that we measure may only be a small percentage of the metrics that are related to cognitive and attention performance. In addition, our community of data from which comparisons are made may not include all groups of relevant individuals or a sufficient number of relevant individuals and therefore your test results may be incomplete or inaccurate.
Test results you share with others could be used against your interests. You should be careful about sharing your test results with others as sharing your results with others (such as family, friends, employers) may be used against your interests. You should consult a lawyer to understand the extent of legal protection of your test results before you share it with anybody.
Furthermore, any test results that you share with a health care provider may become part of your medical record and through that route be accessible to other health care providers and/or insurance companies in the future. Test results that you share with family, friends or employers may be used against your interests. Even if your test results have no or limited meaning today, that information could have greater meaning in the future as new discoveries are made. If you are asked by an insurance company whether you have learned anything about your cognitive or attention performance, not revealing such information in response to such request may be considered to be insurance fraud.
WeVibin Inc Services are for informational and educational use only. We do not provide medical advice. The test result information provided by WeVibin Inc is for informational and educational use only. Although we have gone through third party clinical trials conducted by neurologists and psychiatrists to test our devices and our tests, the Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
WeVibin Inc does not endorse, warrant or guarantee the effectiveness of any specific course of action. If we provide you with any recommendations that identify for you, based on your test results, potentially actionable information, this information is intended for informational purposes only and for discussion with your medical counselor or other healthcare provider. WeVibin Inc believes that (a) its test results may provide only part of the picture of any individual's cognitive or attention performance, (b) the state of cognitive and attention performance testing is rapidly evolving, and (c) only your medical counselor or other health care provider can assess the current state of your cognitive or attention performance, taking into account many factors, including in some cases the metrics that our tests and devices measure. Reliance on any information provided by WeVibin Inc, WeVibin Inc employees, others appearing on our website at the invitation of WeVibin Inc, or other visitors to our website is solely at your own risk.
5. User Representations
By accessing WeVibin Inc Services, you agree to, acknowledge, and represent as follows:
a. You understand that information you learn from WeVibin Inc is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the WeVibin Inc Services are intended for informational and educational purposes only, and that while WeVibin Inc information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information. You acknowledge that WeVibin Inc urges you to seek the advice of your medical counselor or other health care provider if you have questions or concerns arising from your test results.
b. Should you decide to accept a WebVibin subscription, you give permission and consent to WeVibin Inc, its successors and assignees to perform its full cognitive and attention performance tests and for WeVibin Inc to disclose the test results to you.
c. You represent that you are eighteen (18) years of age or older.
d. You are guaranteeing that any use of our devices are from you wearing the device yourself and not some other person.
e. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
f. You are aware that some of the information you receive may provoke unwanted emotion.
g. You take responsibility for all possible consequences resulting from your sharing with others your test results.
i. Waiver of Property Rights: You understand that you acquire no rights in any tests, services or products that may be developed by WeVibin Inc or its collaborators. You specifically understand that you will not receive compensation for using any WeVibin Inc test, service or device.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, WeVibin Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify WeVibin Inc and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
6. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if WeVibin Inc has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, WeVibin Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
To open up an account with us, you will create a username and password. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your WeVibin Inc account. If you allow third parties to access WeVibin Inc's website through your username and password, you will defend and indemnify WeVibin Inc and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify WeVibin Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. WeVibin Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. WeVibin Inc Privacy Statement and Disclosure of Information
You acknowledge and agree that WeVibin Inc is free to preserve and disclose any and all personal information to law enforcement agencies or others 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 (such as a judicial proceeding, court order, or government inquiry) or obligations that WeVibin Inc may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the WeVibin Inc TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WeVibin Inc, its employees, its users and the public. In such event we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your personal information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, WeVibin Inc may, in its sole discretion, restrict access to the website and app for any reason.
8. Limited License
You acknowledge that any Services content presented to you as part of the Services, whether original WeVibin Inc Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by WeVibin Inc and/or the sponsors who provide that content to WeVibin Inc (or by other persons or companies on their behalf). WeVibin Inc grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of any content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the WeVibin Inc website with no changes including but not limited to presenting with other content which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © WeVibin Inc, Inc. 2020. All rights reserved; distributed pursuant to a Limited License from WeVibin Inc; and (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by WeVibin Inc or by the owners of that content, in a separate agreement.
Waiver of Property Rights. You acknowledge that by using any portion of our Services, you acquire no proprietary rights in any test, service or product of ours and you waive your right to claim any confidential or proprietary rights that you may have with respect to any unsolicited idea, information or material that you send to us and you shall not receive any compensation from us in connection with same.
9. Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to WeVibin Inc that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to (1) send us any confidential or proprietary ideas, information or materials or any information or materials that violate the rights of any third party; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with WeVibin Inc, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) send to us any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (4) use any information received through the Services to attempt to identify other customers; (5) send us any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third party; (6) send us any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (7) attempt to or actually override any security component of WeVibin Inc; (8) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (9) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with WeVibin Inc; or (10) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that WeVibin Inc has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which WeVibin Inc may suffer) of any such breach. In case of breach of any one of these agreements, WeVibin Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify WeVibin Inc and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
You agree to defend and hold WeVibin Inc, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information, content or materials you send to us; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
11. No Resale of Service
Other than pursuant to the terms of the Limited License of this TOS or unless otherwise agreed in a separate agreement between you and WeVibin Inc, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
12. General Practices Regarding Use and Storage
You acknowledge that WeVibin Inc may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that personal information and Services content will be retained by the Service, the maximum disk space that will be allotted on WeVibin Inc's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that WeVibin Inc has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that WeVibin Inc reserves the right to change these general practices and limits in its sole discretion.
13. Modifications to Service
WeVibin Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the WeVibin Inc features or Services, and (ii) WeVibin Inc shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
You acknowledge that WeVibin Inc may offer different or additional technologies or features to test cognitive and attention performance in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features without fee, and that you will have to pay additional fees in order to use any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or WeVibin Inc as set out in this Section.
If you want to terminate your legal agreement with WeVibin Inc, you may do so by deleting your WeVibin Inc account and data within your Account Settings. Once you submit your request, we will send an email to the email address linked to your WeVibin Inc account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data, and you will no longer be able to sign-in to your account.
WeVibin Inc may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) WeVibin Inc is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) any partner with whom WeVibin Inc offered the Services to you has terminated its relationship with WeVibin Inc or ceased to offer the Services to you; (4) WeVibin Inc is transitioning to no longer providing the Services to users in the jurisdiction in which you reside or from which you use the Services; or (5) the provision of the Services to you by WeVibin Inc is, in WeVibin Inc's opinion, no longer commercially viable.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that WeVibin Inc shall not be liable to you or any third party for any termination of your access to the Services.
15. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and WeVibin Inc have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the TOS shall continue to apply to such rights, obligations, and liabilities indefinitely.
16. Shipment of Devices
Should you purchase one of our wearable devices or other products through our web site, we pack the ordered products for shipment using Fed Ex or UPS in a commercially reasonable manner. We will select the shipping carrier but we will not assume any liability in connection with the shipment nor shall the carrier be construed to be an agent of WeVibin Inc. You shall also pay or reimburse us for all shipping and handling charges, taxes and duties applicable to the products. All shipments are subject to availability. We will use commercially reasonable efforts to complete shipments expeditiously but we shall not be liable for any damages or penalties for delay in delivery. Title to all shipped products shifts to you upon WeVibin Inc’s delivery of the products to the carrier. All sales once made are final. We have a strict no refund policy but you may request return and replacement of a delivered product that is damaged, defective or if the product received is not the product ordered or alternatively, receive a credit for future purchases, so long as you contact us within 10 business days when you receive the delivered product and the product to be replaced or credited is returned to us promptly.
17. Hyperlinks and the WeVibin Inc Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because WeVibin Inc has no control over such sites and resources, you acknowledge and agree that WeVibin Inc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WeVibin Inc shall 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 such content, goods, or services available on or through any such hyperlinked site or resource.
18. WeVibin Inc's Proprietary Rights
You acknowledge and agree that WeVibin Inc (or WeVibin Inc's licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by WeVibin Inc and that you shall not disclose such information without WeVibin Inc's prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by WeVibin Inc, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of WeVibin Inc and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
WeVibin Inc, Squirrel Chaser, Squirrel Tamer, CogniGo and other WeVibin Inc logos and product and service names are trademarks of WeVibin Inc and these marks together with any other WeVibin Inc trade names, service marks, logos, domain names, and other distinctive brand features are the "WeVibin Inc Marks". Unless you have agreed otherwise in writing with WeVibin Inc, other than through the Limited License, nothing in the TOS gives you a right to use any WeVibin Inc Marks and you agree not to display, or use in any manner, WeVibin Inc Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by WeVibin Inc, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
19. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WEVIBIN INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) WEVIBIN INC MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEVIBIN INC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS; (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY; AND (6) WEVIBIN INC DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, WEVIBIN INC SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
20. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WEVIBIN INC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEVIBIN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. WeVibin Inc may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at: Support@WeVibin.co
22. Changes to the Terms of Service
WeVibin Inc may make changes to the TOS from time to time. When these changes are made, WeVibin Inc will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services. The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website or sending a message to the email address associated with your account. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, WeVibin Inc will treat your use as acceptance of the updated TOS.
23. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or WeVibin Inc has a reasonable ground to suspect that you have violated the terms of these TOS, WeVibin Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
24. Dispute Resolution (including Arbitration, Class Action Waiver and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
a. Initial Dispute Resolution. We are available by email at Support@WeVibin.co to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to this Section, then either you or we may initiate binding arbitration. Except for any disputes excluded below in this Section, all claims arising out of or relating to these TOS (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these TOS, including, but not limited to, any claim that all or any part of these TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
c. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d. Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) any disputes relating to intellectual property rights, obligations, or any infringement claims.
e. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt-out by emailing us at Support@WeVibin.co The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of TOS containing an Arbitration and Class Action and Class Arbitration Waiver section, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
f. Term for Cause of Action. 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
g. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in this Section do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in the County and State where WeVibin Inc is currently located (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in the County and State where WeVibin Inc is currently located for any litigation other than small claims court actions. In the event of litigation relating to these TOS or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
a. Entire Agreement. The TOS constitutes the entire agreement between you and WeVibin Inc regarding its subject matter and the TOS governs your use of the Services.
b. Waiver. The failure of WeVibin Inc to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS remain in full force and effect.
c. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
d. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
e. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, WeVibin Inc for any third party that assumes our rights and obligations under this Agreement.