Terms of Use
Last updated: June 24, 2020
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and Willo 32, Inc., a Delaware corporation, and its subsidiaries and affiliates (collectively, “Willo”, the “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use of https://www.willo.com/, including any content, functionality, and services offered on or through https://www.willo.com/, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.willo.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. Any purchases made through our Website are further governed by our Terms of Sale on this page and Return Policy located within our FAQ page, which are hereby incorporated by reference to these terms.
This Website is offered and available to users who are at least 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years of age or older; if you are not, you must not access or use the Website.
Willo is based in the United States of America. We provide this Website and all products sold through the Website for use by persons located in the United States. We make no claims that the products, the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website and use of the products sold on 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 local laws.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks (including, but not limited to the name Willo and our logo), service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.
USER REPRESENTATIONS
By using the Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; (6) you will not access the Website through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Website for any illegal or unauthorized purpose; and (8) your use of the Website will not violate any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including creating a user account (your “Account”). 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 register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
DELIVERY AND SHIPPING
1. Subject to these Terms of Use, Willo will supply the products indicated on the Order Confirmation you receive once the checkout process is complete.
2. Delivery dates which might be specified in the Order Confirmation, or in any other communication from Willo (whether oral or in writing), are estimates only.
3. All purchases of physical items from Willo are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.
4. We will not be responsible for any shipping delays or loss of product beyond our control, including any delays created by products being held at border customs en route to a customer’s shipping address.
PAYMENTS AND BILLING
The purchase of any products offered by Willo through the Website will require payment for such products. Sales tax will be added to the price of purchase of any product as deemed required by us in accordance with applicable laws. All payments shall be made in U.S. dollars, unless otherwise specified during the checkout process. We may change prices at any time, and we will notify existing Subscription Services customers of any changes to pricing and the effective date of such change.
PAYMENT METHOD
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Website (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Use. We are not responsible for errors by the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Subscription Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes, even if it has already requested or received the payment.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
RECURRING CHARGES
Some of the products and services Willo offers, such as the purchase of auto-replacing mouthpieces or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Subscription Services”). You will have the ability to specify how regularly you would like to order any auto-replacing products. More information can be found at our Help page (support.willo.com). By choosing a recurring payment plan, you acknowledge and agree that such recurring payment plan includes both an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your Payment Method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, please go to www.willo.com.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal, which can be done through your Willo Account [www.willo.com/my-account], any subscription services, such as any auto-replacing products (“Subscription Services”), to which you have subscribed for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current, non-promotional rate. To change or cancel your Subscription Services at any time, go to your Willo account [www.willo.com/my-account]. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are earned upon payment.
CURRENT INFORMATION REQUIRED
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You must promptly notify us or our Payment Processor if your payment method is cancelled (e.g., as the result of loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure of your Account username or password. Changes to such information can be made at [www.willo.com/my-account]. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Subscription Services under your Billing Account unless you have terminated your Subscription Services as set forth above.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Subscription Service reaffirms that we are authorized to charge your Payment Method for such Subscription Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially purchased the Subscription Service.
PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through our Website or other transactions for the sale of products and/or services through the Website, or resulting from visits made by you, are governed by our Terms of Sale and Return Policy, which are hereby incorporated into these Terms of Use.
PROHIBITED ACTIVITIES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
– In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, 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 send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
– 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 Willo, a Willo employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
– 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 Willo 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 site or interfere with any other party’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 purpose not expressly authorized in these Terms of Use, 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 that is malicious or technologically harmful.
– Attempt to gain unauthorized access to, interfere with, 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.
– Otherwise attempt to interfere with the proper working of the Website.
MOBILE APPLICATION LICENSE
User License
You access our Website via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each, an “App Distributor”) to access the Website: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, reviews, suggestions, ideas, feedback, or other information regarding the Website, our products, and/or services, as well as any public interaction (including, but not limited to, posts on social media) you have regarding our Website, products, and/or services (collectively, “Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. You agree that your Submissions must comply with the Content Standards set forth below.
CONTENT STANDARDS
These content standards apply to any and all Submissions. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:
– Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
– Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
– Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
– Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
– Be likely to deceive any person.
– Promote any illegal activity, or advocate, promote, or assist any unlawful act.
– Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
– Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
– Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
– Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, remove, refuse to post, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website. Furthermore, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
– Link from your own or certain third-party websites to certain content on this Website.
– Send emails or other communications with certain content, or links to certain content, on this Website.
– Cause limited portions of content on this 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. Subject to the foregoing, you must not:
– Establish a link from any website that is not owned by you.
– Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
– Link to any part of the Website other than the homepage.
– Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 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.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR A VIOLATION OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR ACCOUNT, ANY SUBMISSIONS, AND/OR ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website and/or the products and services offered therein without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website, including the products and service offered therein.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
DISPUTE RESOLUTION
Before instigating any proceedings or claim against Willo, you agree to seek to resolve the dispute amicably by contacting us at legal@willo.com. We will seek to resolve the dispute amicably, contacting you by email, within a maximum of thirty (30) days.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
CORRECTIONS
There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to the Website, including but not limited to the details regarding products such as descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.
WARRANTY DISCLAIMER
THE WEBSITE (INCLUDING ALL PRODUCTS AND SERVICES OFFERED THEREIN, AS WELL AS ANY CONTENT) ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE (INCLUDING ALL PRODUCTS AND SERVICES OFFERED THEREIN) WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, THE PRODUCTS, THE SERVICES, AND ALL CONTENT IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE FIVE (5) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION, OR (2) US $500.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Willo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 of Use or your use of the Website, including, but not limited to, your Submissions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
USER DATA
We will maintain certain data that you transmit to the Website in accordance with our Privacy Policy and for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use, our Privacy Policy, our Return Policy, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
YOUR COMMENTS AND CONCERNS
This Website is operated by Willo 32, Inc., 12 E 33rd Street, 10th Floor New York NY, 10016.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: legal@willo.com.
TERMS OF SALE
Last updated: June 24, 2020
Welcome to the online store provided by Willo 32, Inc., a Delaware corporation whose principal address is at 12 E 33rd St 10th Fl, New York, NY 10016, United States (collectively, “Willo”, “we”, or “us”). Your purchase of our devices and accessories (each, a “Device” and, collectively, the “Devices”) and any subscription services (“Subscription Services”) from the Willo online store constitutes your agreement to be bound by these Terms of Sale, the Terms of Use, the Privacy Policy, and our Return Policy, and the terms of the Limited Warranty (defined below) offered by Willo. Together, the Devices and the Subscription Services are referred to herein as our “Products”.
Please carefully read these Terms of Sale. Your purchase of our Products requires that you agree to these Terms. If you do not understand the Terms or do not accept any part of them, do not place an order.
WILLO PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the website (https://www.willo.com/) (our “Website”). However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products are subject to change.
ACCOUNT
To place an order, you will need to create or be signed into a Willo account. You may also need to maintain your Willo account to access your purchase history, shipping information, and delivery frequency information for Subscription Services. There is no cost to create a Willo account.
PRIVACY
Please refer to our Privacy Policy for more information on how we collect, use and share the information we receive from you.
Willo may provide information about you to third parties to detect, prevent or otherwise address fraud, security or technical issues.
SUPPORT
Please refer here in the Help Center to learn more about any support offered by Willo for your Products. We are able to provide support if you are located in a supported country with order or technical support, as described in the Country Availability page.
ORDERING AND PAYMENT
By providing a credit card or other payment method accepted by Willo, you represent and warrant that you are authorized to use the designated payment method, and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges detailed at checkout). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order.
Willo reserves the right to reject all or part of an order or a return request and may refuse to ship Products to you in its sole discretion, including for reasons such as: (a) if we detect suspicious or fraudulent activity (including unauthorized reseller activity) in violation of these Terms of Sale; (b) if you do not live in a country from which our Products may be purchased; or (c) if you order more than the permitted maximum number of Products.
SUBSCRIPTION SERVICES
We offer different subscription plans for our Subscription Services, which include automatic delivery of required components for our Devices.
Continuous Subscriptions
When you purchase any of our Subscription Services, you expressly acknowledge and agree that (1) Willo is authorized to charge you a 3-month or annual subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes and shipping costs, if applicable) for as long as your subscription continues, and (2) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with these Terms of Sale.
Billing
We automatically bill the payment method associated with your Willo account either every three months or annually (depending on the billing cycle you choose). The first day of your billing cycle is tied to the date on which you activated your Subscription Services by submitting us your preferred mouthpiece size in your Willo account. In the event you later decide to purchase additional Subscription Services (each, an “Add-on Service”), your payment for such Add-on Service will be prorated to the renewal date of your initial Subscription Service and the full amount of the Add-on Service will be charged on your Subscription Services plan, plus applicable taxes. By purchasing Add-on Services, you authorize us to charge your payment method for the corresponding amounts.
Cancellations
You may cancel your Subscription Services at any time by reaching out to our Support team at support@willo.com, or by logging into your Willo account and selecting “Cancel”.
Free Trials
We may offer free trials of our Subscription Services for limited periods of time. If we offer you a free trial, the specific terms of your free trial will be provided at registration. We have no obligation to notify you when your free trial ends, and we reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
PRICES AND TAXES
The prices for our Products displayed on our Website do not include shipping charges or applicable taxes. Information about shipping charges will be presented at checkout prior to placement of an order. All prices displayed on our Website are subject to change at any time without notice.
In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in “Cancellations” above.
Applicable taxes will be presented at checkout, and such taxes are estimated and may be subject to change until you are charged.
DELIVERY AND SHIPPING
1. Subject to these Terms of Sale, Willo will supply the Products indicated on the Order Confirmation you receive once the checkout process is complete.
2. Delivery dates which might be specified in the Order Confirmation, or in any other communication from Willo (whether oral or in writing), are estimates only.
3. All purchases of physical items from Willo are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.
4. We will not be responsible for any shipping delays or loss of Products beyond our control, including any delays created by Products being held at border customs en route to a customer’s shipping address.
AVAILABILITY AND ORDER LIMITS
All Products offered on our Website are subject to availability. We reserve the right to discontinue offering certain Products without prior notice.
Certain Products have quantity limits, and the number of such Products permitted to be purchased will be set forth on the specific Product page on our Website. For example, the product description or product page may contain a maximum order limit.
PRICING MISTAKES
We try very hard to make sure there are no mistakes in the prices that appear on the Willo Website. In the unlikely event that a mistake happens, you agree that Willo will not be bound by the incorrect price and may cancel your order. If a mistake is discovered and you haven’t been charged yet, we will let you know the correct price, and you will be given the option to continue with your order at the correct price or to cancel your order.
PROMOTIONS
Willo may offer promotions or promotional prices for the sale of our Products. If so, any terms applicable to such promotional offers or prices will govern the offer.
IMPORT AND EXPORT
Our Products may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with our Products. These laws may include restrictions on destinations, users, and end use.
USE OF THE PRODUCTS
Please carefully read any instructions that come with our Products, including instructions that may be available online. Thoroughly reading the instructions is required to make use of enhanced functionality of the Products. Further, you agree to comply with any agreements applicable to your use of all Products and any related software.
RESALE OF PRODUCTS
You may only purchase our Products for personal use or to be given as a gift. Resale of Products is strictly prohibited. The limited warranty provided with our Products and set forth below in “Limited Warranty” is only for the benefit of the original consumer purchaser (the “Original Purchaser”), and does not apply or benefit any resellers of our Products.
RETURN POLICY
Returns and/or refunds are handled solely in accordance with our Return Policy.
LIMITED WARRANTY
Willo warrants to the Original Purchaser that a Device purchased directly from Willo or from an authorized retailer will be free from defects in material and workmanship for 12 months from the date of shipment by Willo to Original Purchaser (the “Limited Warranty”). Willo does not provide any warranty for components received pursuant to Subscription Services. The Limited Warranty applies only if a Device was used as directed by Willo and under normal circumstances, and does not cover damage caused by accidents, misuse, abuse, alteration, improper use, maintenance or repair, or failure to follow written instructions, nor does the Limited Warranty apply to normal wear and tear. Doing any of the following voids the aforementioned Limited Warranty:
– Washing, sanitizing, or submerging the Device in water
– Opening, disassembling, or repairing the Device
– Performing maintenance on the Device using methods not approved in the user manual
– Misusing the Device in environments or circumstances that are not instructed in the user manual
– Using the Device with parts that are not provided by Willo, such as other chargers or power supply units and tubing
– Charging the Device with improper voltage or using the Device with any charger other than the charger provided
– Improperly installing the Device
– Attempting to repair the Device
As stated above in “Resale of Products”, the Limited Warranty is void if you sell or otherwise transfer the Device to another person. This Limited Warranty gives the Original Purchaser specific legal rights and you may also have other rights, which vary, by location.
WILLO MAKES NO EXPRESS WARRANTY OF ANY KIND REGARDING THE PRODUCT OTHER THAN THE LIMITED WARRANTY EXPLICITLY SET FORTH HEREIN. ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW, ARE SPECIFICALLY DISCLAIMED.
In the event the Device is found by Willo, in its sole discretion, to not meet the above Limited Warranty during the applicable warranty period, as Original Purchaser’s sole and exclusive remedy Willo will replace the relevant Device without charge for such replacement or parts or labor. The Original Purchaser shall bear the expense of returning the Device to Willo.
If you wish to make a claim under this Limited Warranty, you must return the Device to Willo in accordance with our returns process set forth in our Return Policy.
LIMITATION OF LIABILITY
IN NO EVENT WILL WILLO OR OUR DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR PRODUCTS AND OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO REPLACEMENT COSTS RESULTING FROM THE BREACH OF ANY WRITTEN OR IMPLIED WARRANTY (INCLUDING THE LIMITED WARRANTY). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO DIRECT DAMAGES IN THE AMOUNT OF THE LESSER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO WILLO DURING THE FIVE (5) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION, OR (2) US $500.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
DEVICE FEATURES OUTSIDE OF OUR CONTROL
You acknowledge that no Device comes with a wireless service plan and/or other Internet connectivity service. You are solely responsible for obtaining any access to the Internet or wireless service provider (“ISP”) whose service is compatible with the Device. If your Device includes functionality allowing you to access the Internet via a cellular data plan, the Device may be configured to work with a certain cellular network technology. Check with your preferred wireless carrier for compatibility and mobile data plan availability.
You agree that Willo has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or an ISP may offer such services. ISPs and wireless carriers may charge you for usage and other fees that Willo does not control.
A permitted return of a Device in accordance with our Return Policy does not cancel your service contract with your ISP or wireless carrier, if applicable, so you must contact your ISP or wireless carrier (and any other applicable service provider(s)) directly to cancel such service(s).
