Weepea LLC, a New York limited liability company (“Weepea”), owns and operates weepea.com and related websites and newsletter (the “Weepea website(s)”).
In order to use Weepea, you must:
* be at least eighteen (18) years old and able to enter into contracts;
* complete the registration process;
* agree to the Terms;
* be located in the United States; and
* provide true, complete, and up to date contact information.
By using Weepea, you warrant and represent that you meet all the requirements listed above, and that you won’t use Weepea in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Weepea may refuse service, close accounts of any users, change the terms, and/or change eligibility requirements at any time.
Your use of the Weepea website(s) is subject to the following terms and conditions (the “Terms of Service” or “TOS”), which may be amended from time to time, at Weepea’s sole discretion, with or without notice to you.
By visiting, registering, and/or submitting an order through the Weepea website(s), you agree to be bound by these TOS and any amendments to these TOS, and your agreement continues as long as you use the Weepea website(s). If you object to these TOS, or any amendments to these TOS, you agree to stop using and/or visiting the Weepea website(s).
The contents of the Weepea website(s) are intended for Weepea’s customers or potential customers. Weepea reserves the right to cancel accounts, decline service, block access, rescind/cancel orders, and/or take appropriate technical and legal steps if Weepea believes that use of the Weepea website(s) violates applicable laws or these TOS.
1. YOUR ACCOUNT
You agree to receive all communications from us electronically, including (but not limited to): terms of service, including amendments; transaction receipts or confirmations; account statements and history; federal and state tax statements (if any); and any other account or transaction information. We will provide your account-specific communications via email and will post general communications and notices on the Weepea website(s).
3. Customer Service, Sales, and Returns
A. Customer Service
If you have any questions about your order, please visit your account at http://weepea.com/my-account/, or either contact us using our contact form (click here) or by email at email@example.com, or by phone at (646)-645-7651.
B. Payment Processing
Weepea uses Stripe to process payments. If you have questions regarding Stripe, please contact them by visiting https://support.stripe.com/email.
You authorize Weepea to disclose Your Information in connection with processing the payment (or refund) and shipment of any orders to submitted.
C. Regular sales
A regular sale through the Weepea website(s) has three phases:
– submission of order;
– processing of order; and
– shipment of order.
After you submit an order on the Weepea website(s), you may cancel your order before the order enters the processing phase, without any charge to you. To cancel an order, please contact customer service using our contact form (click here) or at firstname.lastname@example.org.
D. Custom-made or specially-ordered goods
A sale of custom or specially-ordered goods through the Weepea website(s) has three phases:
– submission of order (includes immediate processing of payment);
– processing of order; and
– shipment or delivery/pick-up of order.
If any goods purchased from Weepea are custom made or specially ordered, payment will be processed upon the submission of your order. No cancellation or refund will be allowed after a custom or special order is submitted.
E. Cancellation by Weepea
Weepea reserves the right, in its sole discretion, to cancel orders for any reason, including but not limited to:
– it discovers that there were inaccuracies in the description or price of any products or services sold through the Weepea website(s);
– the product or service is no longer available; and/or
– Weepea is unable to authenticate your identity or payment information.
F. Shipping and/or Delivery
Delivery and/or Shipping and handling options and costs will be made available to you during the order submission process.
If an order is submitted and delivered/shipped to you but returned to us for any reason, then the shipping and handling charges will not be refunded.
Currently, goods ordered through the Weepea website(s) are only available for delivery within specific areas of New York in the United States.
A special order cannot be cancelled or returned after the order is submitted. No refunds are available for custom or special orders.
Returns must have a Return Merchandise Authorization (“RMA”) code. To obtain an RMA, please contact Customer Service using our Contact Us form (click here) or at email@example.com.
Promotions, special prices, coupons, and other special sale offers cannot be combined except specified otherwise.
Sellers on Weepea will make all reasonable efforts to accurately depict the designs and colors of the goods sold on the Weepea website(s). However, the depiction of designs and colors depends on the calibration of individual computer monitors and they may vary. Therefore, Weepea cannot guarantee precise color matches.
4. Copyright and Trademark
Except where otherwise indicated, all content on the Weepea website(s) is the property of Weepea and is provided to customers and potential customers of Weepea to allow them to make purchases on the Weepea website(s). Any other use of the Weepea website(s)’s material is not allowed.
If you believe any material on the Weepea website(s) infringes your copyright, please contact firstname.lastname@example.org.
Except where otherwise indicated, all trademarks on the Weepea website(s) belong to Weepea and are provided to indicate the source of Weepea’s goods and/or services. Any other use of the trademarks on the Weepea website(s) is not allowed without explicit written consent from Weepea.
If you believe any material on the Weepea website(s) infringes on your trademark rights, please contact email@example.com.
5. Limitations of Liability
A. In General
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of Weepea’s website(s), including any downloads. Weepea won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Weepea website(s) in any month will be no more than what you paid us (if anything) the month before.
WEEPEA AND (AS APPLICABLE), ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, WEEPEA’S SERVICES, OR THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. WEEPEA’S CUMULATIVE LIABILITY, AND (AS APPLICABLE) THE CUMULATIVE LIABILITY OF WEEPEA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND/OR AGENTS, TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO WEEPEA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that Weepea will not be liable for the results of any unlawful activity by a third party, another Website user, or you. Weepea will not be responsible for errors, acts, or failure to act by others, including but not limited to, agents, third party suppliers of goods, software, equipment, or services; or, manufacturers, banks, communication common carriers, data processors, or clearinghouses through which transactions may be passed, originated and/or authorized. Weepea will not be responsible for any loss, liability or delay caused by fires, earthquakes, war, civil disturbances, power surges or failures, acts of governments, acts of terrorism, labor disputes, failures in communication networks, legal constraints or other events beyond the reasonable control of Weepea. Weepea undertakes no duties to you other than the duties expressly provided for in these TOS, and any and all other or additional duties that may be imposed upon Weepea in law or equity are hereby irrevocably waived and released to the maximum extent permitted by law. Weepea is not responsible for the behavior of any advertisers, linked websites, or other Weepea website(s) users.
You acknowledge that the depiction of designs and colors depends on the calibration of individual computer monitors and they may vary. Therefore, Weepea cannot guarantee precise color matches.
C. Third-party sites linked to from the Weepea website(s)
You acknowledge that Weepea is not responsible for the content of any third-party website that may be linked to on the Weepea website(s). If you visit a third-party website through a link on the Weepea website(s), you may be subject to a different set of terms and conditions for the use of the third-party website.
6. Weepea’s Representations and Warranties
Weepea explicitly disclaims any and all warranties or representations for the goods and/or services sold through the Weepea website(s).
Weepea does not guarantee continuous, uninterrupted access to the Weepea website(s), and operation of the Weepea website(s) may be interfered with by factors outside Weepea’s control.
WEEPEA AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND/OR AGENTS PROVIDE THE WEBSITE, SERVICES, AND GOODS “AS IS” AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WEEPEA AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND/OR AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM WEEPEA WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7. Your Representations and Warranties
You represent and warrant that the information you submit to Weepea and/or the Weepea website(s) is accurate, truthful, and not misleading. You agree to comply with all local laws regarding online conduct and commercial transactions.
None of the information you submit will infringe upon any copyright, patent, trademark, or other proprietary information, and will not be defamatory or, in Weepea’s sole discretion, offensive.
You are responsible for keeping your account password and/or payment information secure. You are responsible for all activity and liability resulting from your failure to keep your payment and/or account password secure. You agree not to disclose your account information and/or account password to any third party and you will not hold Weepea responsible for any unauthorized use of your account password, payment information, or other breach of security related to your account.
You agree to not use someone else’s account to access the Weepea website(s) or submit an order, and you agree to not allow someone else to use your account to access the Weepea website(s) or submit an order.
You agree to not modify or adapt the Weepea website(s), or modify or adapt any other website to imply a false connection with Weepea or the Weepea website(s).
You will not engage in any fraudulent conduct or make any misrepresentations in connection with the Weepea website(s) or Weepea.
You represent and warrant that you will not use a third party’s payment information when submitting an order. If you use any unauthorized methods of payment, you agree to be responsible for any charges relating to those transactions, including any chargeback fees, checks returned for payment, and/or attorney’s fees incurred by Weepea in connection with your unauthorized use of a third party’s payment information.
You represent and warrant that when you submit an order through the Weepea website(s), the payment instrument you use will not be counterfeit or altered, or used before the valid date or after the expiration date of the payment instrument.
You represent and warrant that you will not dispute any charge related to an order submitted through the Weepea website(s) unless the order was fraudulent and placed by a third party. You agree to contact Weepea directly and cooperate with Weepea in a good faith attempt to resolve any order-related issues before you dispute a charge.
You represent and warrant that your use of Weepea will comply with all applicable laws and regulations. You’re responsible for determining whether the Weepea website(s) are suitable for you to use in light of any regulations like HIPAA, GLB, data privacy laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use the Weepea website(s) for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
You release Weepea (and Weepea’s officers, directors, agents, subsidiaries, joint ventures, employees, and/or agents) from any and all claims, demands, and damages of every kind, known and unknown, arising out of or in any way connected with a dispute between you and another user of the Weepea website(s) or a third party. You also release Weepea from any and all damages, liability, costs or expenses that you may incur as a result of Weepea’s compliance with its third-party payment processor.
You agree to indemnify and hold Weepea (and its subsidiaries, officers, directors, employees, suppliers, representatives, and/or agents) harmless from and against any claim or demand (including reasonable attorney’s fees) arising out of your breach of these TOS (or any of the documents these TOS incorporates by reference), any activity by you or by someone with access to your account, and/or any activities by you that violate the rights of Weepea or any third party.
9. Venue/Choice of Law
This agreement is governed by New York law, without reference to conflict of laws provisions. You agree that you will commence any action against Weepea within two (2) years after the cause of action arose; otherwise such cause of action is barred. Any controversy which relates to Weepea, the Weepea website(s), or these TOS will be brought in the courts located in New York County, New York. If we file an action against you claiming you breached these terms of service and we prevail, then we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded. If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
If any provision of these TOS is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of will remain in full force and effect.
Weepea’s failure to enforce these TOS will not waive Weepea’s rights under these TOS. Waivers of any provision of these TOS must be in writing and signed by Weepea. A waiver in one instance will not apply to other occasions unless that intent is clear from the signed waiver.
Each required notice will be in writing and will be effective when delivered to the recipient. If such notice is to you, then it will be deemed delivered: (i) if by regular post to the mailing address you provided to us, three (3) days after it was deposited with the USPS; (ii) if by email to the email address you provided to us, one (1) day after it was sent, unless we received a bounce-back notice from your email server; (iii) if by overnight delivery to the mailing address you provided to us, one (1) day after it was sent.
Except as explicitly stated otherwise, any written notices to us will be sent by certified mail (return receipt requested), or recorded overnight delivery, to: Weepea LLC, [put public/customer service address here – presume it will not be your home address].
For notices related to copyright and trademark issues, please send a copy of any written notice to IP@[URL here]. Any IP-related notices should include the following:
– Sufficient description of the material you consider to be infringing, including the specific Website page address (URL).
– Name and contact information of the owner of the copyright or trademark.
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner or under the law.
– A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright or trademark.
13. Binding Effect and Surviving Terms
These Terms of Service constitute a binding agreement between Weepea and you governing your use of the Weepea website(s). You agree that you will not use the Weepea website(s) if you do not agree with these Terms of Service. Even if this agreement and/or your account is terminated, the following terms will continue to apply: Notices, Copyright and Trademark, Limitation of Liability, Representations and Warranties, Indemnification, Venue/Choice of Law, Severability, Notices, and this section.