Terms of Service
TERMS OF SERVICE
Terms of Service
Effective date: 10/29/21
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE.
Welcome! This website (the “Website”) is operated by WeMesh, Inc., a California corporation (“WeMesh”). “MeshYoga” and “DaBo” are registered trademarks licensed to WeMesh. Throughout the Website, the terms “we”, “us,” and “our” shall also be deemed to mean WeMesh. WeMesh offers You, the user of the Website (“You”) the ability to access and utilize all of the information, tools, products and services available on the Website conditioned upon Your complete acceptance of all of terms, conditions, policies and notices stated in this Website.
By visiting this Website and/or purchasing something from WeMesh on this Website, You are hereby deemed to have engaged in our “Service” and to have agreed to be bound by all of the following terms and conditions of service (collectively, “Terms of Service” and sometimes, “Terms”), including without limitation, those additional terms and conditions and policies referenced in this Website and/or available by a hyperlink set forth in this Website. These Terms of Service apply to You and to all users of the Website, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
The business realities associated with operating the Website are such that, without the limitations that are set forth in these Terms, such as Your grants and waivers of rights, the limitations on our liability, Your indemnity of us, and the other applicable terms – we would not make the Website available to you.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY ARE SET FORTH. THEY ARE LEGALLY BINDING TERMS FOR YOU ACCESSING OR USING ANY PART OF THIS WEBSITE. BY ACCESSING, DOWNLOADING, OR USING ANY PART OF THIS WEBSITE, YOU ARE ACCEPTING THE TERMS OF SERVICE AND YOU REPRESENT AND WARRANT TO WEMESH THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER AND USE THE WEBSITE AND THEREBY BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, THEN YOU MAY NOT ACCESS THE WEBSITE NOR USE ANY OF THE SERVICES SET FORTH ON THE WEBSITE. IF THESE TERMS OF SERVICE ARE CONSIDERED TO BE A CONTRACTUAL OFFER, ACCEPTANCE OF SUCH OFFER IS EXPRESSLY LIMITED TO YOU BEING BOUND BY ALL OF THESE TERMS OF SERVICE. YOU MAY NOT ACCESS NOR USE ANY PART OF THE WEBSITE NOR ACCEPT THESE TERMS OF SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OLD. ACCORDINGLY, IF YOU ARE NOT YET 18 YEARS OLD AND/OR DO NOT AGREE WITH ALL OF THE PROVISIONS SET FORTH IN THIS WEBSITE IMMEDIATELY CEASE AND DESIST YOUR USE OF THIS WEBSITE AND THEN DO NOT ACCESS AND/OR USE THIS WEBSITE AGAIN UNTIL SUCH TIME AS YOU ARE 18 YEARS OF AGE AND AGREE TO ALL OF THE TERMS OF SERVICE.
Any new features or tools which are added to WeMesh’s current store on the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website at any time and from time to time. It is Your responsibility to check this page periodically for updates and/or changes. Your continued use of or access to the Website following the posting of any updates and/or changes constitutes Your acceptance of such updates and/or changes and Your acceptance of the Terms of Service, as updated and changed.
Our Website store is hosted by Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to You, and our subscription video service is hosted by Uscreen a trademark of uscreen.tv LLC.
WeMesh and partner companies to whom it outsources operations shall be exempt from matters specified herein in the course of operating this Website. Users of this Website, including without limitation You, will be deemed to have accepted the contents of this Disclaimer.
WeMesh shall assume no responsibility, whatsoever, for any damages caused to users or third parties resulting from the provision of services and content via this Website or from any delay, change, interruption, cancellation, suspension, removal or form of modification thereof. Users view information and receive services at their own risk as mandated by law.
WeMesh and partner companies do not guarantee the safety, accuracy, reliability, usefulness, timeliness, legality, or morality or the absence of computer viruses with regard to the information and services offered on this Website; or information sent to users via email or other means by this Website, by WeMesh or partner companies. Accordingly, WeMesh shall assume no responsibility, whatsoever, for any damages caused to users or third parties relating to information and services offered on this website or information obtained by users as described above.
WeMesh and partner companies have no knowledge of or involvement at all with the information and services offered on other websites to which links are provided on this Website, and therefore assume no responsibility, whatsoever, for said information and services. Linked websites are used at Your own risk in accordance with the respective terms and conditions of those websites.
WeMesh provides links to these websites solely for the convenience of the users of this Website. These links do not constitute an endorsement of those websites, or the products, services and other features offered therein. These links do not imply that WeMesh has any particular relationship, such as through alliances or partnerships, with the companies or individuals managing and operating the linked websites.
INFORMATION AND CONTENT CONTAINED ON THE WEBSITE SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE. Please seek the advice of a qualified health care professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions. WeMesh does not recommend or endorse any specific physicians, procedures, products, opinions, or other information that may be included on the Website; the same are only for informational purposes. Reliance on any information appearing on the Website, whether provided by WeMesh, its content providers, the visitors to the Website or others, is solely at Your own risk.
WeMesh shall treat the telephone number, mailing address, email address and related information provided by a user as his or her contact information, and shall assume no responsibility, whatsoever, for damages resulting from changes or errors in said contact information, or related factors. It is Your responsibility to notify WeMesh of any changes to Your contact information.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, You represent that You are at least 18 years of age in Your state, province, or country of residence, or that You are the age of majority in Your state, province, or country of residence. You may not use our products for any illegal or unauthorized purpose nor may You, in the use of any of the services, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of Your right to any services on this Website.
SECTION 2: GENERAL CONDITIONS
We reserve the right in our sole and absolute discretion to refuse service to anyone for any reason at any time and for any reason or no reason. You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any service, use any service, or access to any service or any contact on the Website through which the applicable service is provided, without Your receipt of prior written permission from WeMesh.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at Your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. As stated above, You agree that it is Your responsibility to monitor changes to our Website.
SECTION 4: MODIFICATIONS TO THE SERVICES OFFERED AND PRICES
Prices for our services offered and products are subject to change without prior notice. We reserve the right at any time to modify or discontinue any service (or any part or content thereof) without prior notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of any service or portion thereof.
SECTION 5: PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through this Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. You may access our Return Policy here: [INSERT LINK TO RETURN POLICY]. We have made every effort to display as accurately as possible the colors and images of our products that appear in our Website store. However, we cannot guarantee that Your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without prior notice and in our sole and absolute discretion. We reserve the right to discontinue the sale of any product at any time. Any offer for any product or service made on this Website is void where prohibited. We do not represent, warrant nor covenant that the quality of any products, services, information, or other material purchased or obtained by You through this Website will meet Your expectations, or that any errors in any such product, service, information or other material will be corrected.
SECTION 6: LIABILITY WAIVER AND RELEASE
WeMesh offers certain products for sale on this Website, including the DaBo. Purchasers of DaBo may use it in conjunction with a subscription video service offered by WeMesh. Use of the subscription video service is governed by its own Terms of Service, including the express Liability Waiver and Release. You may access a copy of the Liability Waiver and Release here: [INSERT LINK TO LIABILITY WAIVER AND RELEASE] All users of the subscription video service are required to consent to the terms of the Liability Wavier and Release
SECTION 7: OUR CONTENT; PROPRIETARY RIGHTS
The names WeMesh, Inc., MeshYoga, DaBo, MeshYoga Digital Studio, DaBo Digital Studio, DaBo Online Studio, MeshYoga Online Studio, Michelle Lou Lan, and our graphics, logos, designs, page headers, button icons, scripts, and service names are registered and/or common law trademarks, trade names, or trade dress of WeMesh Inc. in the United States and other countries. These trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion. We reserve all rights in and to such trademarks, trade names, and trade dress. We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the intellectual property rights of others.
SECTION 8: YOUR ACCOUNT
If You choose to purchase a product or service offered on this Website, You will be asked to create an account and will be prompted to create Your own unique user name and password. When You are creating an account to purchase physical products including but not limited to DaBo, DaBo Inversion Top, MeshWear Clothing, Michelle Lou Lan Clothing, and MeshYoga products and clothing, Your account will be created, processed, and hosted by Shopify Inc. When You are creating an account to purchase a subscription video or video product, Your account will be created, processed and hosted by Uscreen a trademark of uscreen.tv LLC. These accounts are separate and cannot be combined. You must keep Your account information secure. You are solely responsible and liable for all activities that occur under Your password or account. You shall notify us immediately of any breach of security or unauthorized use of Your password or account. You acknowledge, consent, and agree that we may preserve and disclose Your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.
SECTION 9: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right, in our sole discretion, to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify You by contacting the e-mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our Website store. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
For more detail, please review our Returns Policy. You may access our Return Policy here: [INSERT LINK TO RETURN POLICY].
SECTION 10: ORDER FULFILLMENT: VIDEO PRODUCTS AND SUBSCRIPTION VIDEO
Our online video subscription service is hosted by Uscreen, which as stated above, also assists in the processing of our orders. When You input Your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store Your credit card image or number. Sales and use taxes, as applicable by law, will be based on Your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to Your payments and will indemnify, defend, and hold harmless WeMesh, Inc. and Uscreen from Your failure to pay any and all taxes, including sales tax, based incorrect information provided by You. If You believe that You are entitled to a refund of any taxes, You are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform You of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Uscreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.
Your use of any such content is expressly conditioned on Your agreement to the Liability Waiver and Release. You may access a copy of the Liability Waiver and Release here: [INSERT LINK TO LIABILITY WAIVER AND RELEASE].
SECTION 11: OPTIONAL TOOLS
We may provide You with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ““as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through this Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12: THIRD-PARTY LINKS
Certain content, products, and services available via this Website may include materials from third-parties. Third-party links on this Website may direct You to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not make any representations or warranties with regard to any third-party materials or websites and we will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You fully understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
SECTION 13: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, by overnight courier such as FEDEX or UPS or otherwise (collectively, “Comments”), You hereby agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that we receive from You. We are and shall be under no obligation to: (1) maintain any Comments in confidence; (2) pay any compensation for any Comments; or (3) respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that any Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that no Comments will contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their complete accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
SECTION 14: PERSONAL INFORMATION
SECTION 15: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in a service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in a service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
We undertake no obligation to update, amend, or clarify information in the applicable service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the applicable service or on any related website, should be taken to indicate that all information in such service or on any related website has been modified or updated.
SECTION 16: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using this Website and/or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the applicable service or any related website, other websites, or the internet. We reserve the right to terminate Your use of any service or any related website for violating any of the prohibited uses.
SECTION 17: REPORTING COPYRIGHT INFRINGEMENT
If You are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site. The DMCA Notice of Alleged Infringement shall: (1) identify the copyrighted work that You claim has been infringed; (2) identify the material You claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found; (3) provide Your mailing address, telephone number, and, if available, email address; and (4) include both of the following statements in the body of the notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and
(5) provide Your full legal name and Your electronic or physical signature. You are required to deliver this notice, with all items completed, to our Designated Copyright Agent at: WeMesh Inc., P.O. Box 66397, Los Angeles, CA 90066, and via email to firstname.lastname@example.org.
It is often difficult to determine if Your copyright has been infringed. We may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and We may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. Sending a DMCA Notice is no guarantee that We will or will not take any action in response.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that You provide in Your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting WeMesh’s other rights, WeMesh may, in appropriate circumstances, terminate a repeat infringer’s access to the website and any other website owned or operated by WeMesh.
SECTION 18: REPORTING OTHER ALLEGED INTELLECTUAL PROPERTY INFRINGEMENTS
If You own intellectual property other than copyrights and believe that Your intellectual property has been infringed by an improper posting or distribution of it on our Website, then You may send us a written notice via mail or email to the addresses set forth above in Section 16 that includes all of the following:
- a legend or subject line that says: “Intellectual Property Infringement Notice”;
- a description of the intellectual property that You claim has been infringed;
- a description of where the material that You claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
- Your full name, address, telephone number and email address;
- a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
- a statement by You, made under penalty of perjury, that all the information in Your notice is accurate, and that You are the owner of the intellectual property at issue (or, if You are not the owner, then Your statement must indicate that You are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
- Your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Website that fails to respond satisfactorily to WeMesh with regard to any such notice is subject to suspension or termination. We may send the information that You provide in Your notice to the person who provided the allegedly infringing material.
SECTION 19: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WeMesh Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference, or Your violation of any law or the rights of a third-party.
SECTION 20: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21: TERMS OF ENROLLMENT (VIDEO PRODUCTS& SUBSCRIPTION VIDEO)
The use of WeMesh’s subscription video service is governed by separate Terms of Enrollment in addition to these Terms of Service. You may access the Terms of Enrollment for the use of our subscription video service here: [LINK TO TERMS OF ENROLLMENT FOR VIDEO SUBSCRIPTION]
SECTION 22: DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.
Therefore, to the fullest extent permissible by law, WeMesh hereby disclaims and makes no representations, warranties, endorsements, or promises, express or implied, as to:
- the Website;
- the functions, features, or any other elements on, or made accessible through, the Website;
- any products, services or instructions offered or referenced at or linked through the Service, except as otherwise expressly stated in the Limited Warranty for our products. You may access our Limited Warranty here: [LINK TO LIMITED WARRANTY];
- whether the Website or the servers that make the Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
- whether the information (including any instructions) on the Website is accurate, complete, correct, adequate, useful, timely, reliable or safe;
- whether any defects to, or errors on, the Website will be repaired or corrected;
- whether your access to the Website will be uninterrupted, timely, secure or error-free;
- whether the Website will be available at any particular time or location; and
- whether your use of the Website is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN WEMESH’S LIMITED WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WEMESH HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
SECTION 23: LIMITATIONS OF OUR LIABILITY
You understand and recognize that there may be inherent risk of harm resulting from Your use of the Website, and You expressly agree to assume such risks as a condition of the use of the Website. You also affirm that you are not relying on WeMesh to list each and every inherent risk, and you agree to assume all risks whether or not expressly stated herein.
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY WEMESH PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Website;
- Your use of or inability to use the Website, or the performance of the Website;
- any action taken in connection with an investigation by WeMesh or law enforcement authorities regarding Your access to or use of the Website;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any injury you sustain directly or indirectly as a result of your use of the Website;
- any errors or omissions in the Website’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if WeMesh were advised of or should have known of the possibility of such losses or damages, regardless of whether You bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Website).
The limitations provided herein are binding on you and your heirs, administrators, personal representatives, successors, and assigns and apply to WeMesh, and its officers, directors, employees, agents, representatives, assigns, affiliated persons, insurers, and others acting on its or their behalf.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEMESH’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID WEMESH TO ACCESS THE WEBSITE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY WEMESH.
SECTION 24: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date of these Terms of Service shall survive the termination of the Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our any of WeMesh’s services, or when You cease using this Website. If in our sole judgment You fail, or we suspect that You have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to any of our services (or any part thereof).
SECTION 25: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to any of the services constitutes the entire agreement and understanding between You and us and govern Your use of the applicable service(s), superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 26: GOVERNING LAW
These Terms of Service and any separate agreements whereby WeMesh provides You with any service(s) shall be governed by and construed in accordance with the laws of the state of California, United States.
SECTION 27: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
SECTION 28: ASSIGNMENT
WeMesh may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by You, and You may not delegate Your duties under them, without the prior written consent of an officer of WeMesh.
SECTION 29: DISPUTE RESOLUTION
Unless otherwise prohibited by applicable law, You agree to provide WeMesh notice of Your intent to bring a claim or cause of action, whether sound in tort, contract, or statute, relating to this Agreement, our Service, or any product you obtain from us or our Service at least 60 days before any such claim or cause of action is pursued. Nothing in this Agreement is intended to limit the discovery rule for purposes of the stipulated statute of limitations. Any claim or action shall be brought exclusively in the courts of the State of California.
SECTION 30: CONTACT INFORMATION