Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this sale agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this sale agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this sale agreement), way.com's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under the code of procedure of arbitration-forum.Com (the "Code") in effect at the time the claim is filed the code and if any in-person hearing is required, it shall be held in Santa Clara, California. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
You may not access or use the Website for any other purpose other than that for which Way.com makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Way.com. Prohibited activity includes, but is not limited to:
A ) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
B ) advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Way.com;
C ) systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Way.com;
D ) making any unauthorized use of the Way.com Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
E ) engaging in unauthorized framing of or linking to the Website;
F ) transmitting chain letters or junk email to other users;
G ) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
H ) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
I ) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
J ) attempting to impersonate another user or person;
K ) using the username of another user;
L ) selling or otherwise transferring your profile;
M ) using any information obtained from the Website in order to harass, abuse, or harm another person;
N ) using the Way.com Service as part of any effort to compete with Way.com or to provide services as a service bureau;
O ) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
P ) attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
Q ) harassing, annoying, intimidating or threatening any Way.com employees or agents engaged in providing any portion of the Way.com Services to you;
R ) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
S ) deleting the copyright or other proprietary rights notice from any Contribution or Way.com Content;
T ) using the Website in a manner inconsistent with any and all applicable laws and regulations.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Way.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Way.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Way.com Services.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this website or the way.com services shall be governed and construed by the law of the State of Delaware, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against way.com arising out of or related in any respect to this website and the way.com services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Santa Clara county, California; subject, however, to the right of way.com, at way.com's sole discretion, to bring an action to seek injunctive relief to enforce this agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. application of the united nations convention on contracts for the international sale of goods is excluded from this agreement. additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this agreement. In no event shall any claim, action or proceeding by you related in any way to the website and/or the way.com service (including your visit to or use of the website and/or the way.com service) be instituted more than two (2) years after the cause of action arose.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Way.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Way.com Inc cannot control the nature of all of the content available on the Website or food products sold via the Website. By operating the Website, Way.com Inc does not represent or imply that Way.com Inc endorses any sellers, sellers' products, blogs, Contributions or other content or products available on or linked to by the Website, including without limitation content hosted on third party websites, or that Way.com Inc believes food products, Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or in connection with any sellers or Contributions. Way.com Inc is not responsible for the conduct, whether online or offline, of any user of the Website or Way.com Inc Services.
You agree that your use of the website and way.com services will be at your sole risk. to the fullest extent permitted by law, way.com, its officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with the website and way.com services and your use thereof, including, without limitation, the implied warranties of merchant ability, fitness for a particular purpose and non-infringement. Way.com makes no warranties or representations about the accuracy or completeness of the website's content or the content of any websites linked to this website and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and Way.com services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the website, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website. Way.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the website or any hyperlinked website or featured in any banner or other advertising, and way.com will not be a party to or in any way be responsible for monitoring any transaction between you and 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.
LIMITATIONS OF LIABILITY
In no event shall way.com or its directors, members, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website or way.com services, even if way.com has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, way.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to way.com for way.com services during the period of 1 month prior to any cause of action arising.
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.
If you are a California resident, you waive California civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You agree to defend, indemnify and hold Way.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions, use of Way.com Services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Way.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Way.com, and you agree to cooperate, at your expense, with way.com's defense of such claims. Way.com will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Way.com may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Way.com shall be given by email to email@example.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement constitutes the entire agreement between you and Way.com regarding the use of Way.com Services. The failure of Way.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Way.com may assign any or all of its rights and obligations to others at any time. Way.com shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond way.com's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding Way.com Services or to receive further information regarding use of Way.com Services, please contact Way.com as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
47627 Lakeview Blvd.
Fremont, CA 94538