Local Forge, LLC dba Wend. and/or its affiliates ("Wend") provide wendyourway.com and its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.
These Terms of Use were last updated on August 01, 2019.
The "Terms" consist of these Conditions of Use, the Wend Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by Wend at wendyourway.com (including any subdomains, mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (each a "Site"), and all products or services accessed through the Sites (collectively "Services"). These Terms constitute a binding legal agreement ("Agreement," though we may use "Terms" interchangeably with "Agreement" herein) in electronic form between you ("You," "Your" and/or "Yourself") and Wend and its successors, subsidiaries, affiliates and family of brands ("Wend" "We," "Us," and/or "Our"). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS. The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.
In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.
The communications between You and Wend are electronic. You consent to receive communications from Wend in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
The Site (including past, present and future versions), any content on the Site and the infrastructure used to provide the Site are proprietary to Us, our affiliates, Merchants, and other content providers. By using the Site and accepting these Terms of Use, Wend grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and make personal use of the Sites pursuant to these Terms of Use and to any additional terms and policies set forth by Wend; and (b) you agree not to reproduce, distribute, create derivative works from, reverse engineer, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of Wend.
As a condition of your use of the Site, you agree that:
Wend retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
You may only create and hold one account on the Site for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to save, edit or delete your personal information. You understand and agree that Wend shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account at our sole discretion. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, but not limited to, requirements for use.
All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies.
The following activities are prohibited on the Site and constitute express violations of these Terms of Use:
We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated into these Terms of Use.
The "Merchant" is a third-party issuer of the Voucher and, is solely responsible for redeeming the Voucher. Unless otherwise indicated in a Package or other offer, Wend is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. By purchasing or obtaining any Merchant Offering or Product via the Site, you agree to the following Terms of Sale:
Descriptions of the Merchant's offerings advertised on the Site are provided by the Merchant or other referenced third parties. Wend does not investigate or vet Merchants, and Wend is not responsible for any performance or quality claims associated with the description of the Merchant Offerings.
A Merchant may advertise goods, services or experiences on the Site that require Merchant to have an up-to-date regulatory authorization, license, or certification. Wend does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant offering to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the offering is about the care and quality required. The Merchant is solely responsible for the care and quality of the goods and services being provided.
Wend is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
Wend may, in its sole discretion, verify a user’s identity prior to processing a purchase. Wend may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate solely at the discretion of Wend.
Wend does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Wend reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the Site. If this occurs, Wend will notify you by email. In addition, Wend reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant offering. In certain instances, Merchant's offerings are combined into a set of merchant-specific Vouchers ("Package").
"Vouchers" are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Wend and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher, and any additional package-specific terms advertised in connection with and on the Voucher at the time of purchase (the "fine print" regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including the Terms of Sale) will render the Voucher void.
Most Vouchers combine two separate portions: (i) a paid portion equal to the amount you paid for the Voucher ("Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Voucher if used by the promotional expiration date on the Voucher (the "Promotional Portion").
The Merchant is the sole issuer of the Voucher. If a Merchant or venue refuses to honor any Voucher, Wend, in its sole discretion, may refund the amount paid upon request in the original form of payment or will credit the Wend account of the Wend purchaser with an equivalent number of Forge Funds. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Vouchers is prohibited. Pricing relating to Merchant Offerings and Products on the Site may change at any time in Wend’s discretion, without notice.
Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers
The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher will expire five (5) years from the date that the Voucher was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Voucher beyond five years, in which case the Paid Portion of the Voucher will expire in accordance with the applicable law.
Some Vouchers are redeemable for a ticket for admission to a specific ticketed event at a named venue "Wend Ticket Vouchers." Wend Ticket Vouchers have no value once the event date and time has passed. Unless otherwise stated, Wend Ticket Vouchers are refundable to the purchaser in the original form of payment ONLY: (i) upon request until midnight on the day of purchase, (ii) automatically if the event is canceled and not rescheduled, and (iii) upon request if the event is rescheduled. Wend Ticket Vouchers are sold inclusive of all taxes and additional fees unless otherwise noted and may not be combined with other offers. Wend Ticket Vouchers do not include any applicable gratuity. Unless a specific exception is made, Wend Ticket Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Wend Ticket Vouchers obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
Some Vouchers are redeemable for a pass to a specific seasonal activity named "Wend Lift Ticket Vouchers". Wend Lift Ticket Vouchers have no value after the expiration date on the voucher has passed. All purchases are final and cannot be canceled, refunded, or transferred to another person, even with a fee. All tickets are subject to the restrictions described in the product description and/or pick-up instructions. Tickets are only valid for the date(s) noted in the product description and cannot be used on different days or at different times. Please ensure your trip dates are certain before you purchase these tickets. We do not guarantee snow conditions, weather conditions, open terrain or number of lifts operating. Credit will not be given for any unused Purchases and cannot be used toward any future Purchases. Lift tickets are not delivered by mail. Once Wend confirms your Purchase, we will provide you access to an electronic voucher. You must print the voucher and present it at the ticket office/will call of the particular resort destination to claim your lift tickets. The Purchaser whose name appears on the voucher must redeem the ticket(s) in person with a valid photo ID. (do names appear on our vouchers?
Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission, ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Wend Ticket Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Wend, the venue, the issuer of the tickets and all of their respective affiliates, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Wend Ticket Vouchers. You agree that any event for which you purchase Wend Ticket Vouchers are public events, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
Some Wend vouchers are for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property ("Wend Lodging Voucher"). The promotional value of a Wend Lodging Voucher will EXPIRE on the book by the date specified on the face of the Wend Lodging Voucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the Wend Lodging Voucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the Wend Lodging Voucher for at least the amount paid. If the Merchant refuses to honor the Wend Lodging Voucher, Wend, in its sole discretion, will refund the amount paid upon request in the original form of payment, or will credit the Wend account of the purchaser with an equivalent number of Forge Funds for future purchases on the Site. Wend Lodging Voucher are not valid for existing reservations or for group bookings. Unless otherwise specified, Wend Lodging Voucher excludes all taxes and any other traveler costs, including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws of the United States. Wend owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of Wend or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Wend does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
Wend owns "WEND," the Wend logos and variations thereof found on the Site are trademarks owned by Wend or its related entities and all use of these marks inures to the benefit of Wend.
Other marks on the site not owned by Wend may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Wend unless otherwise stated, or may be the property of their respective owners. You may not use Wend’s name, logos, trademarks or brands without Wend’s express permission.
Wend may, from time to time, display discounts on our Sites in connection with each Package. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.
The price of Vouchers (or other products and services) will be as quoted on our Site from time to time, except in cases of obvious error. Wend strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. Wend reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Wend will notify you by email. In addition, Wend reserves the right, at its sole discretion, to correct any error in the stated full retail price.
The Site may provide registered users and visitors various opportunities to submit or post text, files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Wend account to submit User Content.
If you contribute any User Content, you represent and warrant that: (a) you are the creator the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; or if User Content contains any material that harbors viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Wend shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Wend, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Wend shall have the right to remove any material from the Communities or any other Wend controlled sites, in its sole and absolute discretion. Wend assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Wend has no obligation to use User Content and may not use it at all.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Wend makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
You understand and agree that User Content is public. Any person (whether or not a user of Wend services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Wend is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Wend. Other users may post User Content that is inaccurate, misleading or deceptive. Wend does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. The user Content reflects the opinions of the person submitting it and may not reflect the opinion of Wend. Wend does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including any objectionable User Content.
Some User Content you submit to Wend may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including but not limited to, your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant Wend a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Wend shall have no obligation to use your Personal Information in connection with any User Content.
As between you and Wend, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Wend a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Wend’s license to any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
As detailed in Section 3, contributing User Content or other information on or through the Site, is limited to individuals over 18 years old. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, You affirm that You are over 18 years old. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least 18 years old. If You are under 18 years old, please notify Us and We will take action.
We do not accept or consider, directly or through any Wend employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form ("Unsolicited Materials"). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
Wend reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. Wend may, under appropriate circumstances and at its discretion, terminate your or any third-party’s right to access to the Site, if Wend determines that you or a third-party is a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Wend’s attention, you must provide Wend’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Wend’ DMCA Agent for notice of claims of copyright infringement is: Wend, LLC. Attn: Legal, 924 Incline Way, Suite C, Incline Village, Nevada 89451, email legal@wendyourway.com
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF WEND, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, WEND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
IN NO EVENT SHALL WEND, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; OR (E) THESE TERMS OF USE. IN NO EVENT WILL WEND’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH THESE TERMS OF USE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you want to terminate your legal Agreement with Wend, you may do so by:
Wend may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) Wend is required by law to do so; (iii) the Merchant with whom Wend has offered the Services to you has terminated its relationship with Wend or ceased to offer the Services to you; (iv) Wend no longer provides Services in the country in which you reside; or (v) Wend determines that the provision of the Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, Wend reserves the right to discontinue any product or service at any time and at its sole discretion.
Without limiting any of the foregoing, Wend may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which Wend, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.
Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. LOCALFORGE ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.
You agree to defend, indemnify and hold harmless Wend, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Merchant offerings purchased by you through the Site; (b) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (c) fraud you commit or your intentional misconduct or gross negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Wend from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant offering and any conduct, speech or User Content, whether online or offline, of any other third-party.
Wend shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Wend.
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Wend. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Wend may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
These Terms, together with the Privacy Policy, and any other legal notices published by Wend on the Sites, Services or any Voucher, shall constitute the entire agreement between you and Wend concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Vouchers purchased prior to the effective date of such modification. These modifications will however be effective immediately for new users of our Sites and/or Services and for all Packages purchased after the effective date of the modification. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Wend’s rights hereunder shall not be valid or effective except by a written agreement bearing the physical signature of an officer of Wend. No purported waiver or modification of this Agreement by Wend via telephone or email communications shall be valid.
Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Wend’s services shall be governed by the laws of the State of Nevada, without regard to its choice of law rules and without regard to conflicts of laws principles.
Except as specifically stated herein, any dispute or claim between you and Wend arising out of, or relating in any way to, the Terms of Use, the Site or your use of the Site, or any Products, Merchant Offerings or services offered or distributed through the Site ("Disputes") shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Washoe County, Nevada. By virtue of this Agreement (defined below), you and Wend are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 24(a) or Section 24(d)). The provisions of this Section 24 shall constitute your and Wend’s written agreement to arbitrate Disputes under the Federal Arbitration Act ("Agreement"). Any modification to this Agreement shall be in writing and signed by you and Wend. The arbitration will be administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Washoe County, Nevada; (ii) you and Wend irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and Wend agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Nevada, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and Wend agree to waive any right to a trial by jury.
Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 6 ("Your Conduct") of the Terms of Use.
If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
With the exception of Section 23.2 above, if any part of this Section 24 is ruled to be unenforceable, then the balance of this Section 23 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
No waiver by either you or Wend of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.
You are contracting with Wend, LLC. Correspondence should be directed to: Wend, LLC, 924 Incline Way, Suite C, Incline Village, Nevada 89451
The provisions of these Terms of Use apply equally to and are for the benefit of Wend, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.