Welcome to the user agreement (the "Agreement" or "User Agreement" or "Terms of Service") for Weefit, a website owned and operated by Weefit Inc., a Delaware corporation. This User Agreement is a legally binding agreement made between you ("you," "your," or "yourself") and Weefit Inc. ("Weefit," "Weefit.net," "we," "us" or "our").
Weefit.net is an online Service to enable persons who seek to get to and from work, typically by automobile, ("Riders") to find other persons also driving to and from the same work locations ("Drivers"). For purposes of this Agreement these Services shall collectively be defined as the "Service". This Agreement describes the terms and conditions that will govern your use and participation of the Service. The Service include (but are not limited to) (1) the Services available under the domain and sub-domains of www.Weefit.net (the "Site") and (2) any Weefit iOS or Android app, and 3 any or Service embedded on a third-party website.
Weefit does not provide health or diagnostic service, and Weefit is not a licensed medical practitioner.
As stated above, Weefit makes available a platform or marketplace with related technology for persons to records, track and share their health information and health statistics for the puposes of personal edification. Weefit’s responsibilities are limited to: (i) facilitating the availability of the Site, providing analysis and insights which are useful to users, and (iii) conducting billing.
Please read this Agreement carefully before using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you use any of the Service. By using any of the Service, you become a User ("User") and you agree to be bound by the terms and conditions of this Agreement.
Weefit reserves the right, at its sole discretion, to modify the Service or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Service.
Eligibility
Weefit and Weefit Services are intended solely for persons who are 18 or older. Any access to or use of Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Service you represent and warrant that you are 18 or older.
Your Information
Your information is any information you provide, publish or display ("post") to Weefit. When you use Weefit.net, you agree to provide accurate, current and complete information and to maintain and update your Information to keep it accurate, current and complete. You agree that we and other people using this Service may rely on your Information as accurate, current and complete. You acknowledge that if your Information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this Agreement and your use of the Service.
By submitting any information (including without limitation, any photograph, words, pictures, or symbols) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such information in any form, in all media now known or hereinafter created and for any purpose, subject to the Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license.
You may not post or submit any content that:
(a) infringes the copyright, trademark, or other intellectual property rights of any person; (b) is defamatory; (c) contains nudity or sexually explicit content, or is otherwise obscene; (d) may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise; (e) depicts individuals under 18 years of age; (f) depicts or advocates the use of illicit drugs; (g) makes use of offensive language or images; (h) characterizes violence as acceptable, glamorous or desirable; or (i) provides a link to any other websites.
We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
You also agree to uphold and maintain our privacy policy and to the terms and conditions thereof.
Proprietary Property
Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Weefit," and “www.weefit.net” are trademarks of Weefit protected by federal and state law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
Your Use of Weefit Intellectual Property
You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our site in a frame (or any content from our site through in-line links) without our prior written consent, which may be requested by contacting us at support@weefit.net. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
Third Party Content
The Site, Application and Service may contain links or content from third-party websites or resources. You acknowledge and agree that Weefit is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Weefit of such websites or resources or the content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Services on or available from such websites or resources.
3rd Party Advertising
Weefit may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing.
Appointment of Weefit as Payment Agent
Each user hereby appoints Weefit as a limited agent solely for the purpose of facilitating payments made by users on Weefit. In accepting appointment as the limited authorized agent, Weefit assumes no liability for any acts or omissions of the user.
Payment terms
Weefit provides administrative billing functions for Riders and Drivers. For Riders, Weefit calculates daily trips taken with Drivers, and bills this amount monthly. For Drivers, Rizezu calculates daily trips taken with Riders, and remits this amount monthly. Administrative billing functions include late fees, no show fees, and other fees that Weefit may charge.
A complete pricing and fees schedule is available at Weefit.net. The pricing and fees schedule may change at Weefit’s sole discresion.
Any fees which Weefit may charge you are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Service either planned, accidental or intentional, or any reason whatsoever. Weefit reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
Weefit, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Weefit may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Weefit cannot and does not offer Tax-related advice. Additionally, please note that each user is responsible for determining local taxes.
Disputes with Other Users
You are solely responsible for your interactions with other Weefit users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
SMS Messaging
If you select this feature, and have SMS Service from one of the supported carriers, message and data rates may apply.
Verification Service
Weefit may make available one or more third party verification Services that enable users to inquire about information including, but not limited to, another user's identity and criminal history. You agree that Weefit shall not be held responsible or liable in any way if any information provided by a third party verification Service is inaccurate. When a third party verification Service is used, you warrant that you will comply with the Fair Credit Reporting Act, 15 USC 1681.
Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Service, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Service.
Legal Compliance
You shall use our Service in a manner consistent with any and all applicable local, state, national and international laws and regulations.
Disclaimer of Warranties
Weefit makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or software. Weefit does not represent or warrant that (a) the use of the Service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service or software will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects in the Service or software will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components. The Service and software is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Weefit. Weefit makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any Services, products or goods obtained by third parties through the use of the Service or software. You acknowledge and agree that the entire risk arising out of your use of the software and Service, and any third party Services or products remains solely with you, to the maximum extent permitted by law.
Internet Delays
Weefit's Service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Weefit is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limits on Liability
We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our Services; (b) harm or damage to your property as a result of using our Services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to another user of the Services; (e) statements, conduct or omissions of any passenger, driver or other third parties on our Services; or (f) your or anyone else's conduct or acts in connection with the use of the Services, including without limitation from interactions with other users of our Services or persons introduced to you by our Services, whether on-line or off-line.
We shall not be liable for any failure or delay in performing under these terms due to causes beyond our reasonable control, including but not limited to acts of nature and power, internet, and email discontinuity.
In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our Services or these terms exceed the sum of one hundred U.S. dollars ($100).
Indemnity
You shall indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Service or alleging facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.
Misconduct
If you engage with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number at support@weefit.net; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You agree that you will use the Service in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate your participation in Weefit if you have misused the site or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. (i.) with respect to your participation on the site or through the Services, you agree that you will not: (a) Impersonate any person or entity; (b) "stalk" or otherwise harass any person; (c) express or imply that any statements you make are endorsed by Us, without our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (f) remove any copyright, trademark or other proprietary rights notices contained in the Service; (g) interfere with or disrupt the Service or the site or the servers or networks connected to the Service or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) "frame" or "mirror" any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so; or (l) use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Weefit. (ii.) You further agree that your Information and your interactions on the Site shall not: (a) be false, inaccurate or misleading;(b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) include in your Information any telephone numbers, street addresses, last names, URL's or E-mail addresses other than where explicitly asked for it in the your registration and profile section; (h) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (i) create liability for us; and (j) link directly or indirectly to any other websites. You further agree that you will not transfer, use, or sell your Weefit.net account and/or ID to any another party. We reserve the right, but we have no obligation, to reject any Participant that does not comply with these prohibitions.
IN NO EVENT WILL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICE, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS SCREEN THE PARTICIPANTS USING THE SERVICE IN ANY WAY. AS A RESULT, NEITHER WE NOR ANY OF OUR PARTNERING ORGANIZATIONS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER PARTICIPANTS OF THE SITE OR THE SERVICES, OR INTRODUCED TO YOU VIA THE SITE OR THE SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERING ORGANIZATIONS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Complaints
To resolve a complaint regarding the Service, you should first contact our Customer Service Department by email at support@weefit.net.
Release
In the event that you have a dispute with one or more Users, you agree to release Weefit.net (and our officers, directors, agents, subsidiaries, joint ventures, Partnering Organizations and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Site or the Service. If you are a California resident, you 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."
Breach
Without limiting other remedies, we may terminate your user, remove your information, warn our community of your actions, issue a warning, and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent activity in connection with the site or the Services.
Resolution of disputes and legal claims
You and we agree that all legal disputes or claims between the Parties will be submitted to binding arbitration in California. The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Privacy
You may review our current Privacy Policy at Weefit.net. If you object to your Information being transferred or used in this way, please do not use or access our Services.
No agency
You and Weefit are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices to Weefit shall be given by certified mail, postage prepaid and return receipt requested to Weefit Inc. and any notices to you shall be given to uou via the email address you provide to Weefit.net during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Weefit.net during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Weefit, Inc. in our sole discretion in accordance with the "Notices" section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections referring to Service, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.