Terms - Whilo

Terms of Use

Effective Date: February 23, 2016

TERMS OF USE

The Whilo mobile application (the “App”) is the property of PrezMe, LLC (“Company”). Please read these terms and conditions (“Terms”) before using this App. Individuals must be 13 years of age or older to use this App and you warrant that you are 13 years of age or older. By accessing and using this App, you unconditionally agree to be bound by these Terms and all policies herein. If you do not agree to these Terms do not access or use the App. Company may revise these Terms from time to time. All users agree to be bound by any and all revisions and should periodically revisit this page to review the then current Terms.

By using the App, you agree to receive notifications, suggestions, recommendations, lists, and reminders from Company. In addition, when a user saves a product from a third party website to the App, Company shall automatically update the product link and include the link as part of Company’s affiliate marketing program. In the event a user activates the link and purchases the product, Company receives compensation in connection to the purchase.
Governing Law
The parties agree that the substantive law governing this agreement, including any claim, dispute, or controversy arising between Company and you hereunder (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims), shall be the laws of the State of California, without giving effect to any conflict of law provisions thereof.
Copyright and License
As and between Company and you, the content within this App, including, without limitation, the design, source code, text, graphics, images, photographs, video and audio files, other files, and data (collectively, the “Content”), and the selection, arrangement, structure, coordination, and “look and feel” thereof, are the property of Company, ALL RIGHTS RESERVED Copyright © 2016 PrezMe, LLC. and/or its licensors. You are granted a limited, non-sublicensable right to access this App and use the Content information published on this App for your personal, non-commercial, and informational use in accordance with the Terms herein. The foregoing license grant does NOT include the right for you to:
  • Publicly perform, display, or publish any Content on broadcast, digital media, or commercial print publications media, or make other derivative uses of the App or the Content;
  • Sell, market, distribute, or make commercial use of the App or any Content;
  • Use any portion of this App (including the images, graphics, or video found at this App, any text, or the layout/design of any page or form contained on a screen); or
  • Collect and/or use any Content whatsoever.
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.
Trademarks and Service Marks
All Company product names, slogans, and logos on this App are either trademarks, service marks, or registered trademarks of Company or its suppliers and licensors and are the property of Company or its licensors. Unauthorized use, whether or not such use is tied to any commercial endeavors, is strictly prohibited. In addition, all screen headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Company's names or logos mentioned herein are the property of their respective owners.
Privacy
The App collects certain information automatically, such as the type of mobile device you use, your mobile device’s Unique Device Identifier, the IP address of your mobile device, your mobile operating system (e.g., iOS), the type of mobile Internet browsers you use, and information about the way you use the App.

The App also collects personally identifiable information that you provide such as your user name, email address, password, birthdate and gender to join, use, and access the app (collectively, “PII”). For more information on your privacy rights when using the App, read our Privacy Policy.

In addition, the App interacts with web browsers leading to websites of third party entities that also have their own privacy policies (and terms of use) for which we are not responsible in any form or manner. We recommend you read those respective policies to better understand your privacy rights for those third party sites.
No Warranties
THIS APP, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS APP, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, OR DOWNLOADED OR ACCESSED FROM OR THROUGH THIS APP, IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE APP, WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE INFORMATION, MATERIALS, CONTENT, OR GOODS RECOMMENDED THROUGH THE APP. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO THE CONTENT OR MATERIAL. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE APP IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THIS APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL USERS ACCESSING THIS APP FROM OUTSIDE THE UNITED STATES OF AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL LAWS, IF APPLICABLE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, TOGETHER WITH ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AND EMPLOYEES (THE “RELEASED PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE APP, EVEN IF THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR ACCESS TO AND USE OF THE APP.
Indemnification
In using this App, users expressly waive any and all claims that they may have against Company. You agree to indemnify, release, defend, and hold the Released Parties, together with their licensors and suppliers, harmless from and against all losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the App using your account. You agree to be solely responsible for payment of all sums owing to any person or entity by virtue of the exposition of the materials and information on the App.
ARBITRATION CLAUSE
Except to the extent pre-empted by federal or other applicable state law, the Terms shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. Users agree that all claims, disputes or controversies shall be resolved by final and binding arbitration in the County of Los Angeles, State of California. You and Company are agreeing to forego any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, may also be unavailable or may be limited in arbitration. This arbitration contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement and proceedings hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with the JAMS arbitration rules. The tribunal will consist of one arbitrator. The prevailing party shall be entitled to an award of its reasonable attorneys’ fees and actual costs incurred in such action. The arbitrator shall be bound to apply the Terms and the arbitrator’s decision will be final, binding, and enforceable in a court of competent jurisdiction. Neither user nor Company shall be entitled to join or consolidate claims in arbitration by or against other consumers or arbitrate any claim as a representative or member of a class.

Further, in any such dispute, under no circumstances will users be permitted to obtain awards for, and they hereby waive all rights to claim, punitive, incidental or consequential damages (including reasonable attorneys' fees and costs), other than actual out-of-pocket expenses, and they further waive all rights to have damages multiplied or increased. You agree that the only damages to which you will be entitled shall be your actual damages associated with the Terms, subject to the limitations as set forth in Limitation of Liability above.

You may opt out of the arbitration provision contained in this agreement. You acknowledge and understand that this opt out provision is only effective in the event you notify Company in writing at support@whilo.com within 30 calendar days from the date of first use of the App.
Miscellaneous
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies these Terms.