Effective Date: September 16, 2021

Introduction

Welcome to Weee! Inc. (Weee!). Weee! operates a network of websites and a mobile application serving multiple cities in the United States. By visiting our website, using our mobile app, and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to these Terms of Service (hereafter referred to as the "Terms"), along with the terms and conditions as stated in our Privacy Policy which is incorporated herein by reference.

Section 1. Modification

We reserve the right to change the Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified Terms.

Section 2. Acceptable Use

By visiting our websites and mobile application and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter, referred to as "Services"), you agree to use these Services only for the purposes intended as permitted by (a) the Terms, and (b) all applicable laws, regulations, and generally accepted online practices or guidelines. In addition:

  1. You Provide Information To Us. In order to access our Services, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
  2. Your Account Login and Control. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing Our Services. Accessing (or attempting to access) any of our Services by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any automated, unethical or unconventional means.
  4. Do Not Interfere With or Disrupt Our Services. Engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  5. Additional Prohibitions. Attempting to or engaging in an act to copy, duplicate, reproduce, sell, trade, scrape, reverse engineer, or resell our Services is strictly prohibited.
  6. Your Unauthorized Activities Have Consequences. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. User-Generated Content. We may provide various open communication tools on our websites and mobile application, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our websites and mobile application, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. contains any type of unauthorized or unsolicited advertising;
    4. impersonates any person or entity, including any Weee! Inc. employees or representatives.

Section 3. Customer Experience & Restrictions

  1. Placing an Order. Orders must be confirmed before the cutoff time. Available delivery dates and delivery fees will be shown during the ordering process. You may modify or cancel orders via the "Order Detail" section before the cutoff time, or by contacting our Customer Service Department at support@sayweee.com.
  2. Price. The prices displayed through our website may differ from the prices offered by other sellers for the same products, and may not be the lowest prices available. Weee! reserves the right to change prices at any time, and to limit your order or the quantity of a product you may order. If certain products are not priced correctly, Weee! may cancel orders for the products. We will contact you immediately and will issue you a refund for the products.
  3. Availability. To provide you the freshest products, we receive goods every day, and products are prepared and packed close to delivery time. On occasion, we may experience disruptions in our supply chain including shortages and quality control concerns. As a result, certain products may become unavailable immediately before the scheduled delivery date. In the event of any supply chain disruption that affects your order, we will deliver the rest of your order and issue you a refund for the unavailable items. In such circumstances, you'll receive a system notification, and see the unavailable item marked as "Out of Stock" on the invoice. If something is missing from your order, and is not marked as "Out of Stock", please submit a refund request via the "Shipped Orders-Return" section on the mobile application or the website, or contact our Customer Service Department at support@sayweee.com.
  4. Cancellations. Before the cutoff time, you may cancel orders via the "My Account" section. We will charge a fee for cancellations made after the cutoff time. The cancellation fee equals the total amount of the restaurant food and any other items that cannot be resold due to the late cancellation.
  5. Weee! Points. Weee! Points are issued by Weee! as credits that may be used to purchase eligible goods and services on Weee!. Weee! Points can be purchased ("Refundable Weee! Points", see complete definition below) or earned as rewards ("Non-Refundable Weee! Points"). To view your Weee! Points balance or check your account history, visit your Account.
    • Limitations. Your Weee! Points may only be used on eligible goods and services provided by Weee! and cannot be used on other websites, to purchase additional Weee! Points, and cannot be sold to other users or transferred to other accounts.
    • Refundable Weee! Points. Refundable Weee! Points are limited to: (1) Weee! Points awarded from the Wholesale Commission program; (2) Weee! Points awarded from the Affiliate Commission earned by group-leaders; and (3) Weee! Points purchased with money. Any other rewarded Weee! Points do not have a cash value and CANNOT be returned for a cash refund in the form of a check.
    • Non-Refundable Weee! Points. Non-Refundable Weee! Points awarded as a bonus, rebate, or incentive (e.g., Weee! Points awarded for account sign ups, friend referrals, product sharing, review writing, product photo posting) are not refundable (e.g., customer spends $100 which equals 10,000 Weee! Points, but they can get a special promotion with an additional 5,000 Weee! Points, the 10,000 Weee! Points are refundable, the 5,000 Weee! Points are non-refundable). Upon your request for refund of any Weee! Points, only Refundable Weee! Points will be refunded. Non-Refundable Weee! Points will be forfeited. All refunds will be issued by check.
    • Refundable Weee! Points Become Non-Refundable Upon Use. Once you use Refundable Weee! Points to make a purchase, the Refundable Weee! Points become Non-Refundable Weee! Points. Only unused Refundable Weee! Points are eligible for a cash refund in the form of a check (e.g., customer has 1,000 Refundable Weee! Points, the customer uses 500 Weee! Points to place an order and then cancels the order for a refund; the 500 Weee! Points go back to the customer’s account as Non-Refundable Weee! Points which means the customer can still use the Weee! Points to place another order but those 500 Weee! Points are no longer refundable).
    • Risk of Loss. Weee! is not responsible if any Weee! Points are lost, stolen, destroyed, or used without your permission. You are responsible for protecting your Weee! Points from unauthorized use. Weee! bears no liability for any unlawful conduct or fraud using Weee! Points.
  6. Payments. Payments for products or services on Weee! may be made through Weee! Points or an authorized and unexpired payment card. Weee! reserves the right to cancel or amend any order, and close or suspend any account in the event an expired, fraudulent, or otherwise suspicious payment method is associated with the account.
  7. Delivery of Non-Alcoholic Products.We do not require your presence for delivery of non-alcoholic products. We will deliver to the address you designate and will leave the package at your door, yard, locker, mailroom, or leasing office. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no safe drop-off place to protect the package from theft or bad weather) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
    • Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to confirm a specific delivery time or window due to overwhelming demand. For restaurant dinner deliveries, we make every effort to deliver before a stated deadline noted on our product page.
    • Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
    • Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
    • Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Weee! Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Weee! will not offer refunds for any subsequent theft claims.
    • Delivery Temperature Controls. We do our best to keep all of our products at or beyond the minimum recommended or required temperature thresholds. Upon receipt, we recommend you refrigerate or freeze perishable products as soon as you receive the order. Some minimal degree of melt or thawing may occur depending on the temperature and conditions of your delivery address.
  8. Delivery of Alcohol.We require the presence of an individual 21 years of age or older to deliver alcohol. The recipient must also present a non-expired valid government-issued photo ID showing his or her birthdate, picture, and expiration date at the time of delivery. We will deliver to the address you designate. Our delivery personnel follow a designated route and cannot stop to inspect, verify, redirect, delay, or adjust your delivery. In the event we are unable to deliver your package (e.g., incorrect address/missing apartment number, building, floor, or unit number; no access code, call box number, or buzzer information; no individual to receive package; no individual with a valid government-issued photo ID) we will attempt to contact you. If we agree on an alternate location and/or time for the re-delivery, a redelivery fee may apply. If we can't reach you after multiple attempts, or if we are unable to re-deliver the order for any reason, the order will be canceled resulting in a cancellation fee charged to you and the order shall return to our warehouse. In the event you input the wrong address and we successfully deliver to that address, you are responsible for that shipment without refund. Please be careful and input the correct address into each order.
    • Delivery Time. We make every effort to deliver on the day you select. If for any reason, we are unable to deliver on the day you select, we may contact you to reschedule your delivery at our cost. At this time, we are unable to confirm a specific delivery time or window due to overwhelming demand; provided, however, that the delivery window shall only be between 5:30pm and 9:30pm.
    • Delivery Delays. In the event of severe traffic, accidents, weather, or other matters that may cause a material delay to delivery, we will contact you with an update via text and/or email.
    • Delivery Fees & Gratuities. We reserve the right to add a delivery fee in the event of redelivery, special handling concerns, or other costs for your order. This is not a gratuity for delivery personnel. If you wish, you may also give the delivery driver a gratuity.
    • Package Theft. In the event of theft, we will issue you a refund up to $60 in Non-Refundable Weee! Points for the first instance. For any subsequent thefts to the same address or account, you will be solely responsible for the products left at your delivery address. Weee! will not offer refunds for any subsequent theft claims.
  9. Your Orders. You will receive a text message and/or email with a link to your invoice when your order is delivered. You may access your orders through your account in the "My Account" section.
  10. Returns & Refunds. Weee! is committed to your satisfaction. In some cases, you may receive a product that fails to meet our standards for quality. If this occurs, please reach out to us at support@sayweee.com. Our products are subject to different return policies:
    • Restaurant Delivery Orders. These products are not eligible for return but they may be eligible for refund by making a request within 24 hours from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@sayweee.com.
    • Temperature-Controlled Products (i.e., frozen foods, refrigerated foods). These products are not eligible for return but they may be eligible for refund by making a request within 3 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@sayweee.com.
    • Shelf Stable Food Products (i.e., products that can be safely stored at room temperature for at least 30 days from the date of delivery). These products are not eligible for return but they may be eligible for refund by making a request within 7 days from delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@sayweee.com.
    • Medicine + Herbal Treatments. These products are not eligible for return but they may be eligible for refund by making a request within 30 days of delivery.
    • Electronics, Cooking Utensils, Other Non-Food Products. These products are eligible for return within 30 days of delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@sayweee.com.
    • Alcohol Products. These products are not eligible for return but they may be eligible for refund by making a request within 3 days from delivery. Refund may be provided only if the product or the original casing is damaged at the time of, or prior to, delivery. If there is a concern with the product, please document your concerns with pictures and a description of the product concern, and reach out to us at support@sayweee.com.
    To request a refund, visit the "My Account" section, or contact our Customer Service Department at support@sayweee.com. Unless otherwise noted above, all refund requests must be submitted within 48 hours from the date of delivery.
  11. Restaurant To-Go Orders. Customers can choose their own entrees from a pre-selected menu of items from one of Weee!’s restaurant partners ("Restaurant To-Go Orders"). Restaurant To Go Orders are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Restaurant To-Go Orders are available daily in limited quantities from restaurants selected by Weee!.
    • Delivery. Restaurant To-Go Orders will be delivered between the hours of 3:00 PM to 6:30 PM. We strive to deliver all hot delivery orders by 6:30 PM, but cannot guarantee this due to traffic conditions or other unforeseen circumstances.
    • Delivery Fees. Restaurant To-Go Orders under $35 are subject to a $5 delivery charge. Restaurant To-Go Orders are delivered free of charge if the total value exceeds $35 from one or each restaurant. However, depending on your delivery area determined by zip code, some Restaurant To-Go Orders in the Seattle Area are delivered free of charge only if the total value exceeds $59 from one or each restaurant.
      • NOTE:Restaurant To-Go Orders from each separate restaurant are delivered separately and have their own $35 free delivery minimum.
    • Delivery Order Cut-Off. Restaurant To-Go Orders may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
    • No Combination With Other Orders. Restaurant To-Go Orders are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Restaurant To-Go Orders, but may not be combined with any other promotions or discounts.
  12. Hot Dish Bundles. Customers can choose pre-selected entree bundles with no substitutions from one of Weee!’s restaurant partners ("Hot Dish Bundles"). Hot Dish Bundles are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Hot Dish Bundles are available daily in limited quantities from restaurants selected by Weee!.
    • Delivery. Hot Dish Bundles will be delivered between the hours of 3:00 PM to 6:30 PM.
    • Delivery Fees. Hot Dish Bundles under $35 are subject to a $5 delivery charge. Hot Dish Bundles are delivered free of charge if the total value exceeds $35. However, depending on your delivery area determined by zip code, some Hot Dish Bundles in the Seattle Area are delivered free of charge only if the total value exceeds $59.
    • Delivery Order Cut-Off. Hot Dish Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
    • No Combination With Other Orders. Hot Dish Bundles are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Hot Dish Bundles, but may not be combined with any other promotions or discounts.
  13. Deli Bundles. Customers can choose pre-selected refrigerated or frozen product bundles in the form of cold restaurant food, raw seafood, or desserts ("Deli Bundles"). Deli Bundles are subject to these additional terms and conditions, which are subject to change from time to time:
    • Availability. Deli Bundles are available daily in limited quantities from restaurants selected by Weee!.
    • Delivery. Deli Bundles will be delivered between the hours of 9:30 AM to 8:00 PM.
    • Delivery Fees. Deli Bundles under $35 are subject to a $5 delivery charge. Deli Bundles are delivered free of charge if the total value exceeds $35. However, depending on your delivery area determined by zip code, some Deli Bundles in the Seattle Area are delivered free of charge only if the total value exceeds $59.
    • Delivery Order Cut-Off. Deli Bundles may not be cancelled or adjusted after 1:00 PM the day before the delivery date.
    • No Combination With Other Orders. Deli Bundles are ordered and delivered separately from, and cannot be combined with any other orders (e.g., grocery, other bundle orders).
    • Coupons. Coupons can be applied to Deli Bundles, but may not be combined with any other promotions or discounts.
    • Fresh Seafood Deliveries. Upon delivery, raw seafood is guaranteed to be fresh, not live. Seafood advertised as "live" is always packed alive at the point of shipment but in some cases, may not remain alive upon or after delivery.

Section 4. Weee! VIP Membership

Weee! VIP Members enjoy free delivery, and 5% rebates in Weee! Points with the purchase of eligible goods and services provided by Weee!. Members do not receive rebates when they purchase from third-party postings. Weee! VIP Membership fees are not refundable.

Section 5. Promotions & Discounts

Weee!, at its sole discretion, reserves the right to offer promotions and discounts with different features and different rates to our users, and may modify, suspend, terminate, or cancel any promotions or discounts at any time without notice and for any or no reason. A promotion or discount cannot be transferred or resold, cannot be used for non-qualifying or past orders, may be limited to specific products, may be subject to additional terms and conditions, and may be limited or rescinded. Only 1 coupon can be used per order.

Abuse of any promotion or discount, including the use of multiple accounts associated with the same customer or group of customers, is a violation of our policy, and will result in order cancellation in addition to suspension or termination of the account. For example, if Weee! finds that users are creating duplicate accounts to use limited promotions or coupons multiple times, Weee! reserves the right to cancel or void the order, and close the customer account.

Section 6. Third-Parties

Weee! may allow you to purchase, receive, or use products, content, information, offers, and services from certain third-parties. When Weee! makes these third-party services or products available or partners with them on advertising campaigns, Weee! acts only as the link between you and such third-parties, and should not be interpreted as an endorsement. You agree that Weee! does not assume responsibility and will have no liability for the purchase, payment, warranty, delivery, or maintenance, of any of these third-party products or services.

Section 7. Push Notifications, Telephone Calls, and Text Messages

You agree that Weee! may send you sales and marketing communications, such as by email, app-based push notification through the Weee! app, or text messages. You can opt out of receiving Weee! sales and marketing communications at any time by following the unsubscribe instructions in those messages. This will not affect subsequent subscriptions and if your opt-in is limited to certain types of emails, the opt-out will also be so limited. Similarly, you can limit your receipt of push notifications by adjusting the settings of your mobile device. You may be given the opportunity to opt in to Weee! message programs which provide updates regarding product and service information/availability, marketing messages, and promotional offers. These marketing messages may be autodialed, prerecorded or promotional and may be delivered via voice or text. You may opt out of receiving text messages at any time by replying "STOP" to the message. You may receive one confirming text. Message and data rates may apply. You may opt out of any voice telephone message program by following the directions provided during the telephone call.

Section 8. Licensing Rights

  1. Weee Content & Partner Content. Our Services, including the product descriptions, text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein, are owned by or licensed to Weee! and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Weee! and our licensors reserve all rights in and to our Services. Weee! grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use our Services for your own personal use; however such license does not include the right to (a) sell or resell any aspect of our Services to any third party or otherwise use our Services for any commercial purpose; (b) copy, reproduce, distribute, publicly perform or publicly display any aspect of the Services, except as expressly permitted by us or our licensors; (c) modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services; or (d) use our Services other than for their intended purposes. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and may result in account suspension or termination.
  2. User Generated Content. Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and Weee!, you retain all rights in and to your User Content. You grant Weee! a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
  3. Your Feedback. Weee! is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

Section 9. Disclaimers

The Services are provided on an "as is" and "as available" basis, without warranties, representations or endorsements of any kind. To the fullest extent permitted under applicable law, Weee! disclaims all warranties of any kind, express, implied, statutory or otherwise (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, any warranty for information, data, data processing services or uninterrupted access or use). Weee! does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Weee! does not make any representations or warranties regarding the access or use of, or the results of the use of, the content on the Services (including all descriptions, images, references, features, specifications, information, data, products, and prices/availability of products described or depicted on the Services or services offered through the Services) in terms of its availability, usefulness, completeness, correctness, accuracy, reliability, validity, suitability, timeliness, correct sequencing, or otherwise. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

Section 10. Limitation of Liability

To the fullest extent permitted under applicable law, under no circumstances (other than injury to the person in the case of consumer goods) shall Weee! be liable for any consequential, incidental, special, punitive, exemplary, or indirect damages, or any lost profits or lost revenues, resulting from, based on, or arising out of (i) your access or use of, or inability to access or use, the Services; (ii) any transaction conducted through or facilitated by the Services; (iii) any claim attributable to errors, omissions, deficiencies, or other inaccuracies in the Services; (iv) any unauthorized access to, or use, disclosure or alteration of, your transmissions of data including, without limitation, your personal information or payment card information; (v) statements or conduct of any third party on the Services; or (vi) any other matter related to the Services, even if Weee! or a Weee! representative has been advised of the possibility of such damages.

Notwithstanding the foregoing, Weee!'s total liability to you (excluding any liability for injury to the person in the case of consumer goods), whether under contract, warranty, tort (including but not limited to negligent, but excluding grossly negligent, reckless and intentional, acts of Weee!), product liability, strict liability or any other theory, arising from these Terms or your access to and/or use of the Services for any reason whatsoever shall be limited in the aggregate to the total of all payments you have made to Weee! (if any) during the 30 day period preceding the date of such claim. If you are dissatisfied with any of the Services, or any services provided through any of the Services, your sole and exclusive remedy is to discontinue using the Services. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

Section 11. Indemnification

You agree to indemnify and hold harmless Weee! and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.

Section 12. Arbitration Agreement

If you are a Weee! member in the United States (including its possessions and territories), you and Weee! agree that any dispute, claim or controversy arising out of or relating in any way to the Weee! Services, these Terms and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Weee! are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Weee! membership.

If you elect to seek arbitration or file a small claims court action, you must first send to Weee!, by certified mail, a written Notice of your claim ("Notice"). The Notice to Weee! must be addressed to: Legal Department, Weee! Inc., 47560 Seabridge Drive, Fremont, CA 94538 ("Notice Address"). If Weee! initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Weee!, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Weee! and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Weee! may commence an arbitration proceeding or file a claim in small claims court.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Weee! receives notice at the Notice Address that you have commenced arbitration, Weee! will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Weee! and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Weee!’s last written settlement offer made before an arbitrator was selected (or if Weee! did not make a settlement offer before an arbitrator was selected), then Weee! will pay you the amount of the award or US$250, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND WEEE! AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Weee! agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Section 13. Notice to California Consumers

Please contact Customer Service through the Help Center on our website if you have concerns, complaints, or feedback. For your reference, the State of California’s Complaint Assistance Unit of the Division of the Consumer Services of The Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

As a California resident, under Proposition 65, you are entitled to notice when a Product contains a chemical, listed by and known to the State of California, to which exposure at a significant risk level can increase the risk of cancer and/or to be a reproductive toxicant. For information about Proposition 65, go to www.P65Warnings.ca.gov.

Section 14. Governing Law

These Terms and any other matters related to or arising from your use of the Services, shall be governed by and construed in accordance with the laws of the state of Delaware, without resort to its conflict of law principles.

Section 15. Customer Support

To find more information about our Services, if you need assistance with your account, or have questions about your order, please visit the Weee! Help Center on our website. In the event of any conflict between these Terms and information provided by Customer Service or other portions of our Services, these Terms will control.

Section 16. Survival

If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Section 17. Changes to Terms and Assignment

Weee! may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. Weee! may assign these Terms and any other agreements with you to any affiliated company or to any entity that controls all or substantially all of our business or assets related to the applicable Services and/or Weee!.

Section 18. Communication Preferences

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, to the contact information provided during your account registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.