Welcome to Wim Yogurt! By using www.wimyogurt.com and its subdomains (the “Website”), and all related services that Wim Yogurt, Inc. (“Wim Yogurt” or “we” or “our” or “us”) makes available from time to time (together with the “Website”, the “Services”) or purchasing the products and services that Wim Yogurt makes available from time to time (“Products”), you indicate your unconditional acceptance of the following Terms and Conditions of Service and Sale (the “Terms”). Our Products include our Wim™ Appliance (the “Appliance”) and related Wim™ Bowls and other consumables as Wim makes available from time to time. Throughout these Terms, “you” or “your” may refer as applicable to the user accessing or using the Services (each a “user”). Please read these Terms carefully, as they may have changed since your last visit. We reserve the right to change these Terms from time to time for any reason, which shall be effected by posting of the updated Terms to www.wimyogurt.com. These Terms apply to all of our services, content, products and features unless otherwise indicated.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND WIM YOGURT. FURTHER, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND WIM YOGURT ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS.
IF YOU ARE PURCHASING OUR PRODUCTS THROUGH THIS WEBSITE, PLEASE NOTE THAT THESE TERMS CONTAIN TERMS AND CONDITIONS OF SALE FOR SUCH PRODUCTS, WHICH YOU ARE REQUIRED TO ACCEPT AND AGREE TO IN ORDER TO PURCHASE OUR PRODUCTS.
These Terms are a legal agreement between you (together with the group or entity, if any, that you represent) and Wim Yogurt, establishing terms and conditions under which you access and use our Services and purchase our Products through the Website. The date you first agree to or accept these Terms, or that you otherwise first access and use our Services following the date these Terms are first made available on the Website, is the “Effective Date”.
PLEASE REVIEW THESE TERMS BEFORE USING THE SERVICES, AS THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT. IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT www.wimyogurt.com. BY USING OUR SERVICES OR PURCHASING OUR PRODUCTS THROUGH THIS WEBSITE, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS.
Wim Yogurt reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Website. Revisions to the Terms are effective upon on the date you agree to or accept such revisions, or that you otherwise first access and use our Services following the date such revisions and such revisions are first made available on the Website. Notwithstanding the foregoing, when you purchase Products through our Website, these Terms in effect at the time of such purchase shall govern such purchase. If you wish to use our Services on behalf of a company, group, organization or other entity, then you represent and warrant that you: (i) have the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such entity.
We may alter, suspend, discontinue or subcontract our Services in whole or in part, at any time and for any reason, without notice. Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Website.
When using our Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of your use of our Services. You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.
Acknowledgement to Receive Email. As a user of Wim Yogurt’s Services or a purchaser of Products hereunder, you agree to receive emails from us regarding your use of the Services or Products or your member account. If you opt-in, we may from time to time send you email messages with information about upcoming events, or information about our service offerings from us and our partners. You may opt-out from receiving our newsletter by emailing to www.wimyogurt.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Payment. We may enable you to purchase our Products through the Services. You agree that Wim Yogurt may charge your payment method for any Products you purchase and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. Prices for our Products may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Wim Yogurt may, at its discretion, refuse any order you place or may limit or cancel the quantities of Product you purchased.
Prices. All prices are payable in U.S. Dollars. Prices are exclusive of all federal, state, municipal or other government excise, value added tax, sales, use, occupational or like taxes, tariffs, customs, duties and importing fees, the payment of which shall be your sole responsibility, whether or not such taxes or fees are listed on the Services. Prices are consequently subject to increase by the amount of any such tax, tariff, duty or fee that Wim Yogurt pays or is required to pay or collect upon sale or delivery of the Products.
Delivery. Prices for the Products do not include shipping costs. The estimated arrival or delivery method is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse.
Thirty (30) Day Refund Policy. If, for any reason, you want to return a Product you purchased from Wim Yogurt for a refund, you must notify us no later than thirty (30) days following the date of receipt of such Product (the “Cancellation Period”). To initiate a return, you must inform us of your decision within the Cancellation Period by contacting our customer support at email@example.com and clearly stating your intent to return such Product. Please include your name, contact information and the serial number of such Product. Our customer service will provide you with a Return Materials Authorization (“RMA”) that must be included with your return shipment to Wim Yogurt such that Wim Yogurt can identify your shipment. To receive a refund, you must return such Product with all included accessories (and any promotional merchandise supplied with such Product) with an RMA within fourteen (14) days following the day on which your RMA was issued. Unless we determine the return of such Product is covered by the Limited Warranty (as defined below), you will be responsible for all costs associated with returning such Product to us (including the cost of shipping such Product back to us). We will refund the price you paid for such Product plus the original delivery cost, less the value of any discounts you received and any of the costs you are required to bear under this paragraph. We will process any applicable refund due to you as soon as possible, and in any case, within thirty (30) days from the date of receipt by Wim Yogurt of such Product.
Other Refunds and Returns. Other than with respect to the aforementioned refund and any refunds relating to the Limited Warranty, Wim Yogurt has no obligation to provide refunds or credits, but may grant them in certain circumstances in Wim Yogurt’s sole discretion.
What is Covered. Wim Yogurt warrants the Appliance against defects in materials and workmanship under ordinary consumer use for one year from the date of original retail purchase (the “Limited Warranty”). This Limited Warranty applies only to the first consumer owner. During this warranty period, if you are the first consumer owner and a defect arises in the Appliance, and you follow the instructions described below for returning the Appliance, we will, at our option, either (i) repair it using new or refurbished parts or (ii) replace it with a new or refurbished Appliance. If your Appliance ships to you more than seven (7) days after your purchase date, we will treat the shipment date as the purchase date for purposes of this Limited Warranty. This Limited Warranty applies to any repair, replacement part or replacement Appliance for the remainder of the original warranty period or for ninety days, whichever is longer. Any parts or Appliances that we replace will become our property and you will own the replaced parts or Appliances.
What is Not Covered. This Limited Warranty does not cover damage caused by normal wear and tear, power surges, accidents, misuse (including failure to follow product documentation and plugging the Appliance into the wrong type of port), neglect, disassembly, alterations, external causes such as extreme thermal or environmental conditions or commercial use. This Limited Warranty applies only to Appliances used in the United States. Using the Appliance outside the United States voids the warranty. No employee or representative of Wim Yogurt or any third party is authorized to modify, extend or add to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms will remain in full force and effect.
How to Obtain Warranty Service. Please contact us at firstname.lastname@example.org for instructions on obtaining warranty service. You must provide your name, contact information and the serial number of your Appliance. In certain situations, you may also be required to provide a purchase receipt or other proof of purchase date. If Wim Yogurt determines that your Appliance is eligible for replacement or repair, Wim Yogurt may send you prepaid waybills and, if applicable, packaging material so that you can ship the Appliance in accordance with our shipping instructions. Wim Yogurt will return either the repaired or replacement Appliance to you. Provided the Appliance is eligible for a remedy under this Limited Warranty, Wim Yogurt will pay for shipping to and from your location if all instructions are followed. You are responsible for all shipping costs if the Appliance is not eligible for a warranty remedy. Wim Yogurt may require a credit card authorization as security for shipping costs or the retail price of the replacement Appliance. If your Appliance is not eligible for warranty service, or you fail to return an Appliance for which Wim Yogurt ships you a replacement, Wim Yogurt may charge you the full shipping costs or retail cost of the replacement Appliance.
Exclusive Remedy. This Limited Warranty is the only warranty that Wim Yogurt provides for the Appliance, and the above remedy is your sole remedy. To the maximum extent permitted by applicable law, Wim Yogurt disclaims all other warranties and conditions, whether statutory or implied, except that any implied warranties of merchantability, fitness for a particular purpose and non-infringement, which cannot be disclaimed under applicable law, are limited in duration to the one-year period of the express warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content on our Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through our Services. You are responsible for seeking the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content.
USE OF THE SERVICES, WIM YOGURT’S PRODUCTS AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE WEBSITE, THE CONTENT AND ALL SERVICES, PRODUCTS, TEXT, IMAGES AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE OR SERVICES ARE PROVIDED “AS IS”. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, WE PROVIDE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WIM YOGURT DOES NOT WARRANT THAT: (I) THE CONTENT AND INFORMATION AVAILABLE ON THESE SERVICES IS FREE OF ERRORS; (II) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (III) DEFECTS IN ANY OF WIM YOGURT’S PRODUCTS OR IN THE SERVICES WILL BE CORRECTED OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WIM YOGURT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN USERS. WIM YOGURT AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Disclaimer. WIM YOGURT (INCLUDING ANY SUBSIDIARIES AND AFFILIATES) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE—FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR IN CONNECTION WITH ANY OF WIM YOGURT’S PRODUCTS, THE SERVICES OR THE CONTENT.
Limitation. WIM YOGURT’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THIS AGREEMENT, CUMULATIVELY, BETWEEN YOU AND WIM YOGURT, SHALL NOT EXCEED THE GREATER OF (I) $1.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO WIM YOGURT FOR THE SERVICES OR ITS PRODUCTS, IF ANY, IN THE THEN-PRIOR THREE (3) MONTH PERIOD.
Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
All information, text, images, audio, video, data, links, software or other material on the Services (“Content”) is the property of Wim Yogurt or its licensors. Content is protected by copyright, trademark, patent, trade secret and other rights of Wim Yogurt or its licensors, and, as between you and Wim Yogurt, Wim Yogurt retains all rights in the Content and the Services, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable and limited right to access and use the Services and Content solely for your use of the Services in accordance with these Terms.
You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content. Nothing contained on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use our Services or Content or trademarks, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Services. While we welcome your feedback, ideas and suggestions (collectively, “unsolicited ideas”), it is important to be aware of the following restrictions. If you send us unsolicited ideas, you agree that: (a) your unsolicited ideas become the property of Wim Yogurt and you are not owed any compensation in exchange; (b) none of the unsolicited ideas contain confidential or proprietary information of any third party; (c) Wim Yogurt may use or redistribute unsolicited ideas for any purpose and in any way; (d) there is no obligation for Wim Yogurt to review your unsolicited ideas; and (e) Wim Yogurt has no obligation to keep any unsolicited ideas confidential. You hereby agree to assign, and hereby do assign, any rights, title and interest you have in unsolicited ideas to Wim Yogurt.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. Wim Yogurt reserves the right to make changes to document names and content, descriptions or specification or other information, without obligation to issue any notice of such changes.
If you believe that any Content infringes your copyright, you may request that such content be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information:
Wim Yogurt’s agent for copyright issues relating to our Services is: email@example.com, or Whitney Pegden, Wim Yogurt, Inc., 5-26 46th Ave, Unit 2A, Long Island City, 11101, 412-983-2800. In an effort to protect the rights of copyright owners, Wim Yogurt maintains a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
By using our Services, you agree to indemnify, hold harmless and defend Wim Yogurt and its officers, directors, employees and suppliers from any claims, damages, losses, liabilities and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Services.
By accessing our Services or other service provided through our Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Services to:
Neither Wim Yogurt nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the Service. Wim Yogurt expressly disclaims any liability or claims that may arise between users of our Services or between users of our Services and third party vendors. You are solely responsible for your interactions with all other users and for your interactions with third party vendors and any disputes that arise from those interactions with other users or third party vendors. Wim Yogurt may monitor disputes between users, but is not obligated to monitor, mediate or resolve such disputes.
Because Wim Yogurt is not responsible for or involved in any contact between users or between users and third party vendors, in the event that you have a dispute with one or more users or third party vendors, you hereby release Wim Yogurt (and our officers, directors, agents, investors, subsidiaries and employees) from any and all claims, demands or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with such disputes.
If you are a California resident, you hereby 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.”
These Services are intended to serve a general audience and do not provide specific features or services targeted at children under age 13. We do not knowingly solicit personal information regarding children under age 13.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of our Services who are repeat infringers.
We may terminate any user’s access to our Services, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Services.
You may terminate your member account at any time by contacting our customer support at firstname.lastname@example.org. We will have no obligation to provide a refund of any amounts previously paid to us. Even after your right to use the Service is terminated or suspended, these Terms will remain enforceable against you.
These Terms, and any dispute between you and Wim Yogurt, shall be governed by the laws of the Commonwealth of Massachusetts without regard to principles of conflicts of law, provided that the Federal Arbitration Act (the “FAA”) shall govern the interpretation and enforcement of arbitration. Unless you and we agree otherwise, in the event that the agreement to arbitrate set forth in these Terms is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Wim Yogurt must be resolved exclusively by a state or federal court located in the Commonwealth of Massachusetts, except that you or we are permitted to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure. Except for such small claims court exceptions, you and Wim Yogurt agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Massachusetts for the purpose of litigating all such claims or disputes. You and Wim Yogurt agree to waive trial by jury in any court proceeding.
Wim Yogurt will try our best to resolve your warranty claim to your satisfaction. If we cannot, and you wish to litigate any dispute, you must do so in binding arbitration. This means that you waive your right to file a lawsuit in court. The details are below.
Binding Arbitration. You and Wim Yogurt agree (i) to waive your and Wim’s respective rights to have any disputes arising from these Terms or the Services and (ii) to waive your and Wim’s respective rights to a jury trial. Instead, you and Wim Yogurt agree to arbitrate such disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions, or Representative Actions. You and Wim Yogurt agree that any dispute arising from these Terms or the Services is personal to you and Wim Yogurt and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Wim Yogurt agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Wim Yogurt agree that a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
FAA. You and Wim Yogurt agree that these Terms affect interstate commerce and that the enforceability of this arbitration provision shall be both substantively and procedurally governed by and construed and enforced in accordance with the FAA, to the maximum extent permitted by applicable law.
Notice; Informal Dispute Resolution. You and Wim Yogurt agree that each party will notify the other party in writing of any arbitrable dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to Wim Yogurt shall be sent electronically to email@example.com. Your notice must include (i) your name, postal address, telephone number, the email address you use or used for your Wim Yogurt account and, if different, an email address at which you can be contacted, (ii) a description in reasonable detail of the nature or basis of the dispute and (iii) the specific relief that you are seeking. Our notice to you will be sent electronically to the email address you provided at registration and will include (a) our name, postal address, telephone number and an email address at which Wim Yogurt can be contacted with respect to the dispute, (b) a description in reasonable detail of the nature or basis of the dispute and (c) the specific relief that Wim Yogurt is seeking. If you and Wim Yogurt cannot agree how to resolve the dispute within thirty (30) days, then either you or Wim Yogurt may, as appropriate and in accordance with this arbitration provision, commence an arbitration proceeding.
Process. You and Wim Yogurt agree that (i) any arbitration will occur in the county or city where you reside and (ii) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference.
Authority of Arbitrator. As limited by the FAA, these terms, and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination whether a dispute is arbitrable and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By using the Services or agreeing to these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
Severability. If any part of this arbitration provision is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms within it will remain valid and enforceable. Further, the waivers set forth in the paragraph captioned “No Class Arbitrations, Class Actions, or Representative Actions” are severable from the other provisions of this Limited Warranty and will remain valid and enforceable, except as prohibited by applicable law.
Survival. This paragraph will survive the termination of your relationship with Wim Yogurt.
Assignment. You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our written consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns.
Relationship of Parties. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.
Entire Agreement. These Terms contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Website.
California Users. If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
Severability. If any part of these Terms is held to be unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Additional Information. If you have any questions about these Terms, please contact Wim Yogurt at firstname.lastname@example.org
Version: June 26, 2017