Last Modified: June 13, 2024

Welcome to W! These terms of use are entered into by and between you and W Labs Inc., (“W”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of www.getw.com (including any successor URLs), including any content, functionality and services offered on or through www.getw.com (collectively, the “Website”). These Terms apply to all visitors and users of the Website, and to all others who access the Website (collectively, “Users,” and, as applicable to you, “you” or “your”) effective as of the start of your access to the Website, even if such access began before publication of these Terms. We reserve the right to modify these Terms from time to time as further described in Section 2 (Changes to the Terms) below.

Please read these Terms carefully before you start to use the Website. By using the Website, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that (a) you have read and understood, and you accept and agree to be bound by, these Terms, and (b) you acknowledge that you have read and understood our Privacy Notice found at [https://getw.com/products/privacy-policy] (“Privacy Notice”).

Please read these terms carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration provision in Section 14.2 (the “Arbitration Agreement”) and a class action/jury trial waiver provision in Section 14.3 (the “Class Action/Jury Trial Waiver”) that require, unless you opt out pursuant to the instructions in the arbitration agreement, the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including any claims that arose or were asserted before you agreed to these terms. To the fullest extent permitted by applicable law (as defined below), you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.

1. Eligibility

This is a contract between you and W. You must read and agree to these Terms before using the Website. If you do not agree, you may not use the Website. You may use the Website only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). Without limiting the generality of the foregoing, you must be at least 13 years of age or older to access and/or use the Website. Any access to, or use of, the Website by anyone who is under the age of 13 (“Minor”) is strictly prohibited and in violation of these Terms, unless such access and/or use is supervised by a parent or legal guardian (“Parent”) who: (a) has read and understands these Terms; (b) approves all rights granted, and all obligations undertaken, by the Minor hereunder; and (c) agrees to be bound by these Terms. If you are a Parent of a User who is a Minor, then, by allowing such Minor to access and/or use the Website, you are subject to these Terms and responsible for such Minor’s activity on the Website. With respect to the Parent of a User who is a Minor, “you,” as used in these Terms in the context of a license grant, assignment, restriction, obligation, acknowledgment, representation, warranty, or covenant, or in any similar context, means “the Parent, on behalf of the Parent and the Minor,” and “your” has the corresponding meaning.

We provide the Website for use only by persons located in the United States, and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with Applicable Law.

2. Changes to these Terms

We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the “last modified” date at the top of this page. However, any changes to the dispute resolution provisions set forth in Section 14 (Governing Law, Arbitration, and Class Action/Jury Trial Waiver) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website after any change to these Terms constitutes your acceptance of the new Terms. If you do not agree to any part of these Terms or to any future Terms, do not access or use (or continue to access or use) the Website.

3. Access to the Website

You may use the Website for your personal, non-commercial use only.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion and without notice to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you or any other Users.

You are responsible for:

• making all arrangements necessary for you to have access to the Website; and
• ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

To access some portions of the Website or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to us through the Website or otherwise is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website, or any part thereof:

• in any way that violates any Applicable Law (including any laws regarding the export of data or software to and from the US or other countries);
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• to impersonate or attempt to impersonate W, any W employee, any other User, or any other person or entity (including by using e-mail addresses associated with any of the foregoing);
• to sell or otherwise provide any part of the Website to a third party or build a competitive product or service, or copy any ideas, features, functions, or graphics of the Website; or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm W or Users of the Website or expose them to liability.

Additionally, you agree not to:

• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other User’s use of the Website, including their ability to engage in real time activities through the Website;
• use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
• use any device, software or routine that interferes with the proper working of the Website;
• introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, or damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Website.

5. Communications from W

As part of your use of the Website or other interactions with us, you asked to provide, or otherwise have the opportunity to provide, your email address and/or telephone number.

• By providing us with your email address, you expressly consent and agree that we may use that email address to send you Website-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including marketing and advertising messages (such messages, collectively, “Marketing Emails”). If you do not want to receive Marketing Emails, you may opt out of receiving them or change your preferences by contacting us at sup@getw.com or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent you from receiving Website-related notices.
• Text Messaging and Calls
  • Consent to Transactional Communications. By providing us with your telephone number, you expressly consent and agree that we may use that telephone number to contact you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to provide services to you, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.
  • Consent to Promotional Messages. Additionally, we may offer you the chance to enroll to receive recurring SMS/text messages from us about news and alerts and/or promotional offers and marketing related to our products and/or services. By enrolling in our SMS/text messaging service, you agree to receive text messages from us to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Check your mobile plan and contact your wireless provider for details. Message frequency varies, and consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.
  • Unsubscribing from Messages. You may opt out from receiving text messages at any time. To unsubscribe from text messages, reply “STOP,” to any text message you receive from You consent that following such a request to unsubscribe, you may receive one (1) final text message from or on behalf of us confirming your request. For help, contact us at sup@getw.com.

6. Intellectual Property Rights; Trademarks

You understand and acknowledge that W (or its licensors or service providers, as applicable) owns and will continue to own all rights (including intellectual property rights), title, and interest in and to the Website, all materials and content displayed or otherwise made available on and/or through the Website, and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Website (collectively and individually, “Intellectual Property”). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Intellectual Property. Use of any Intellectual Property for any purpose not expressly permitted by these Terms is strictly prohibited. W’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of W or its affiliates or licensors. You must not use such marks without the prior written permission of W. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

• your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• you may store files that are automatically cached by your Web browser for display enhancement purposes; and
• you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Without limiting the generality of the foregoing, you must not:

• modify copies of any materials from the Website;
• use any illustrations, photographs, video or audio sequences or any graphics made available on the Website separately from the accompanying text;
• delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or
• create derivative works of any part of the Website or otherwise use materials from the Website to create aggregate data sets, indices or similar compilations of materials.

If you wish to make any use of material on the Website other than that set out in this Section, please address your request to sup@getw.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by W. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

7. Feedback

To the extent you provide us any suggestions, recommendations, or other feedback relating to the Website or to any other W products or services (collectively, “Feedback”), you hereby assign to us all rights (including all intellectual property rights), title, and interest in and to the Feedback. Accordingly, we are free to use the Feedback and any ideas, know-how, concepts, techniques, and/or other intellectual property contained in the Feedback, without providing any attribution or compensation to you or to any third party, for any purpose whatsoever, although we are not required to use any Feedback. You acknowledge that, by acceptance of your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

8. Monitoring and Enforcement; Termination

Without limitation of any other rights that we may have hereunder, we have the right to:

• take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
• terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY WAIVE, AND AGREE TO HOLD US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS HARMLESS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; provided, however, that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• link from your own or certain third-party websites to certain content on the Website;
• send e-mails or other communications with certain content, or links to certain content, on the Website; or
• cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or
• otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

10. Third-Party Content

The Website may contain, or contain links to, third-party sites, PRODUCTS, SERVICES, AND/OR materials or other content (collectively, “Third-Party CONTENT”) not owned or controlled by us, and certain functionalities of the Website may require you to access, use, OR otherwise interact with third-party CONTENT. If you access, use, OR OTHERWISE INTERACT WITH ANY third-party CONTENT in connection with the Website, you are subject to and agree to, and must comply with, the APPLICABLE third party’s terms and conditions.

We do not endorse or assume any responsibility for any third-party CONTENT. If you access, use, OR OTHERWISE INTERACT WITH third-party CONTENT, you do so at your own risk, and you understand that these terms and our privacy NOTICE do not apply to SUCH ACCESS, USE, OR INTERACTION. You expressly relieve us from any and all liability arising from your ACCESS TO, USE OF, OR OTHER INTERACTION WITH any third-party CONTENT.

Additionally, your dealings with, or participation in promotions of, advertisers found on the Website, including as RELATED to payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. Indemnification

You agree to defend, indemnify and hold harmless W, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively, the “W Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website’s content, services, and products (other than as expressly set forth in these Terms).

12. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER MATERIALS DUE TO YOUR USE OF THE WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR ON ANY LINKED THIRD-PARTY WEBSITES.

YOUR USE OF THE WEBSITE AND ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANYONE ASSOCIATED WITH us MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Further, WE DO not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or service, and will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

13. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY W INDEMNITEE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PORTION THEREOF. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION OR OTHER CONTENT CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; (G) YOUR DATA; AND/OR (h) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT WILL ANY W INDEMNITEE BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
    • Governing Law. You agree that: (a)the Website will be deemed solely based in the State of California; and (b) the Website will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 14.2 below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of these Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
    • Arbitration Agreement
      • General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i)these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Website, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Website; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
      • Opting Out of Arbitration Agreement. If you are a new
      • Dispute-Resolution Process. For any Claim, you will first contact us at sup@getw.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, each of you and W agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. County where you live (if applicable) or San Francisco County, California, unless you and we agree otherwise. If you are using the Website for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Website for non-commercial purposes: (i)JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
      • Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.
      • Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
    • Class Action/Jury Trial Waiver. BY ENTERING INTO THESE TERMS, YOU AND W ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATUAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE WEBSITE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND W AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.
15. General Provisions
    • Changes to the Website. We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
    • Reliance on Information or Materials on the Website. The information and materials presented on or through the Website are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of such information or materials, and any reliance you place on such information or materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other User, or by anyone who may be informed of any of such information or materials.
    • Notification Procedures. We may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Website as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification, as required under Applicable Law or as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
    • Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Website, will constitute the entire agreement between you and us concerning the Website. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us, or to your access to or use of the Website. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
    • No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
    • Interpretation. The word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
    • California Residents. The provider of the Website is W Labs Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
    • Contact. If you have any questions about these Terms and/or the Website, please contact us at sup@getw.com.