Welleryou.com Terms of Use

PLEASE CAREFULLY READ THIS TERMS OF USE AGREEMENT (this “Agreement”). This Agreement has been prepared as a legally binding agreement between you (“you” or “your”) and Mojis, Inc (together with its affiliates, “Weller”, “us”, “our”, or “we”).This Agreement applies conditions to your use of welleryou.com and any Weller-operated website or application that links to this Agreement (collectively, the “Site”).

By accessing and using the Site, you agree to be bound by the terms and conditions of this Agreement. DO NOT ACCESS THE SITE, PURCHASE PRODUCTS FROM THE SITE, OR USE THE SITE IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE.
IMPORTANT NOTICE: YOUR USE OF THE SITE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 12, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. Please carefully review Section 12 for more information.

1. Revisions to this Agreement
We may revise and update this Agreement from time to time, and will post the updated Agreement to the Site. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of this Site will constitute your agreement to any new provisions within the revised Agreement.

2. Your License to Access this Site
The contents of the Site, and the Site as a whole, are intended to primarily facilitate Weller’s business of selling delicious snack foods, as set-forth and defined by Weller and subject to change by Weller at any time, in Weller’s sole discretion. All written content prepared and posted by Weller, and the Site design, layout, look, appearance, and graphics on the Site, as well as the trademarks, service marks, and logos contained on our Site (collectively, “Weller Content”) are owned by or licensed to Weller and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Weller reserves all rights not expressly granted in, and to, the Site and the Weller Content.

Except as otherwise provided in this Agreement, no part of the Site and no Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without Weller’s prior express written consent.

On the condition that you comply with all your obligations under this Agreement, Weller grants you a limited, revocable, non-exclusive, non-transferable license to access the Site. Any use of the Site in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use this Site.

Your access to this Site is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Site without notice.

3. Your Content and Suggestions
The Site includes features that involve information that you upload, submit, or send through the Site (e.g., blog comments, and product reviews) (“Your Content”). This Section provides the terms and conditions governing your use of such features.

A. License to Your Content. By submitting Your Content to the Site, you grant Weller a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, adapt, display, and perform Your Content. You represent and warrant that you have the necessary rights to Your Content, including the right to assign or grant a license to your rights in this Agreement. Please do not submit Your Content to the Site if do not wish to grant us the rights set forth in this Section 3(A).

B. Your Suggestions. We welcome your comments regarding the Site, Weller Content, and our products. In addition to the license you grant to us in Section 3(A) for Your Content, if you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Site and Weller’s products (including any related technology), whether you send such information or materials to us through the Site or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner. Please do not send us such information or materials, if you do not wish to grant us the rights set forth in this Section 3(B).

C. Prohibited Content. You agree that you will not use the Site to send, post, or publish:

i. Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;

ii. Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;

iii. Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent;
iv. Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;

v. Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or

vi. Any content or communications intended to impersonate someone else.

D. Your Responsibility for Your Content. Your Content is your sole responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of Your Content. Weller further reserves the right to monitor delete or modify any of Your Content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.

Weller may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, Weller may also cancel or void any related purchase order.

4. Other Restrictions on Your Use of the Site
In addition to complying with terms and conditions in the previous Section concerning Your Content, you agree that when using the Site, you will not:

Delete, modify, or attempt to change or alter any of the Weller Content or notices on the Site;
Introduce into the Site any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Site, or to otherwise harm other users, Weller Content, or any third parties, or perform any such actions;

Use the Site to commit fraud or conduct other unlawful activities, including using stolen payment information to make a purchase;

Access or attempt to access any other person’s account, information, or content without permission;
Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;

Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for any reason;

Use any Weller Content made available through the Site in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;

Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Site;

Connect to or access any Weller computer system or network without authorization; or
Use the information in the Site to create or sell a similar service.

Weller may suspend or terminate, in whole or in part, your access to the Site and the related services if you violate the terms and conditions set forth in this Section. If your violation of this Agreement is related to the purchase of a product on the Site, Weller may also cancel or void any related purchase order.

5. Third Party Websites
The Site may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Site does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites.

6. Your Privacy; Protection of Your Account Credentials
The Weller Privacy Policy describes how we collect and use personal information about you collected in and through the Site. You are responsible for protecting your account log-in credentials from unauthorized access and use. You must promptly notify Weller by e-mail at hello@welleryou.com of any known or suspected unauthorized use(s) of your account.

7. Payment Terms
A. General Terms. We (or a third-party service provider acting on our behalf) will charge your credit card upon submission of an order for Weller products. Following approval of the charge, your product will be packed and booked for shipment. Note that a charge may take 1-2 business days to appear in your statement depending on bank affiliation.

B. Payment Processing. When placing an order for a Weller product on the Site, you agree to authorize a third-party payment processor acting on Weller’s behalf to charge the credit card or to otherwise process the payment using any other payment method during your purchase on this Site. You must provide accurate payment information in order for us to fulfill your order. This charge includes all applicable fees and taxes that may accrue in relation to your purchase. The processing of your payment information may be subject to our third party payment processor’s terms and conditions and privacy policy. Please contact us at hello@welleryou.com if you would like more information.

C. Risk of Loss. All purchases of physical items from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Disclaimer of Warranties
EXCEPT AS WE OTHERWISE EXPRESSLY PROVIDE, THE SITE AND ALL RELATED SITES ARE PROVIDED “AS IS”. WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SITE; (II) ANY ADVICE YOU GLEAN FROM THE SITE WHETHER PROVIDED BY US OR A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE SITE. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. THERE IS NO WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, OR CONTENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF USE SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE OR ACCESS, AS APPLICABLE.

9. Limitation of Liability
We are not responsible for any damages to you or anyone filing suit on your behalf for any reason.
NONE OF Weller AND ITS SUPPLIERS, LICENSORS, PARENT, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, AND SUCCESSORS-IN-INTEREST, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS, LOST PROFITS, OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RELATING TO THIS AGREEMENT, YOUR USE OF THE SYSTEM, OR ANY INFORMATION YOU OBTAIN ON IT, OR ANY OTHER INTERACTION WITH THE SYSTEM, AND YOU VOLUNTARILY AND UNEQUIVOCALLY WAIVE ANY LIABILITY OF Weller.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE WILL BE TO STOP USING THE SITE.
IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF Weller, ITS SUPPLIERS, LICENSORS, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES, OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF ONE THOUSAND U.S. DOLLARS ($1000.00 USD) OR THE AMOUNT THAT YOU HAVE SPENT ON PRODUCTS PURCHASED FROM THE SITE OVER THE PAST 12 MONTHS.

10. Indemnification
YOU SHALL HOLD HARMLESS, INDEMNIFY, AND DEFEND Weller, ITS SUBSIDIARIES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “Weller PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES ARISING THEREFROM) ARISING OUT OF OR RELATING TO ANY ACTION OR PROCEEDING BROUGHT BY A THIRD PARTY AGAINST ANY ONE OR MORE OF THE Weller PARTIES: (I) ALLEGING INJURY, DAMAGE, OR LOSS RESULTING FROM YOUR USE OF THE SITE; (II) ALLEGING THAT YOUR CONTENT INFRINGES A COPYRIGHT, PATENT, OR TRADEMARK OR MISAPPROPRIATES A TRADE SECRET OF A THIRD-PARTY; (III) RELATED TO ANY ACT OR OMISSION BY YOU WHICH IS A BREACH YOUR OBLIGATIONS UNDER THIS AGREEMENT; AND (IV) YOUR USE OF INFORMATION OBTAINED THROUGH THE SITE.

You will have the right to defend and compromise such claim at your expense for the benefit of the Weller Parties; provided, however, you will not have the right to obligate the Weller Parties in any respect in connection with any such settlement without the written consent of the indemnified party. Notwithstanding the foregoing, if you fail to assume your obligation to defend, the Weller Parties may do so to protect their interests and you will reimburse all costs incurred by the Weller Parties in connection with such defense.

11. Choice of Law
The validity, construction, and effect of this Agreement will be governed by the laws of the U.S. State of Colorado, without giving effect to that state’s conflict of laws rules. Any dispute, controversy, or claim between you and Weller will be resolved in accordance with Section 13.

12. Agreement to Arbitrate
All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Site shall be resolved by final and binding arbitration to be held in the English language in Boulder, Colorado pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part, of this Agreement is void or voidable.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

13. Digital Millennium Copyright Act Procedure
Weller investigates notices of copyright infringement and takes appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c), as follows:
For purposes of providing written notice under the DMCA, Weller has designated an agent with the United States Copyright Office (“Copyright Agent”). All written notification, pursuant to the DMCA, must be submitted to the designated Copyright Agent at the following address:
Matt Oscamou 
1002 Walnut St. #300
Boulder, CO 80302

If you are a copyright owner or agent thereof and believe that third-party submitted content or materials, including photographs and digital images (“Third-Party Submission”), available through this Site infringes upon your copyrights, you may submit written notification, pursuant to the DMCA, to Weller’s Copyright Agent, identified above. To be effective, the written notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that your Third-Party Submission, which was removed (or to which access was disabled), is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or authority under the law, to publish or use the Third-Party Submission, you may submit a written counter-notice, pursuant to the DMCA, to Weller’s Copyright Agent, identified above. To be effective, the written counter-notice must include:Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Boulder County, State of Colorado, if your address is outside of the United States), and that you will accept service of process from the person, or the person’s agent, who provided notification of the alleged copyright infringement.

If a counter-notice is received by Weller’s Copyright Agent, Weller may send a copy of the counter-notice to the original complaining party (or agent thereof) informing that person that Weller may replace the removed Third-Party Submission or cease disabling it in ten business days. Unless the copyright owner (or agent thereof) files an action seeking a court order against the provider of the Third-Party Submission, the removed Third-Party Submission may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Weller’s sole discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or identification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider (such as or including Weller), who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are uncertain whether Third-Party Submission infringes your or others’ copyrights, please consult with a copyright attorney prior to making a notice under the DMCA.

14. Miscellaneous Terms
Complete Agreement. This Agreement constitutes the entire agreement between you and Weller relating to your use of, and access to, this Site and supersedes any prior or contemporaneous agreements or representations. This Agreement may not be amended except as set forth in Section 1. For avoidance of doubt, notwithstanding this Section 14(A), this Agreement does not modify, revise, or amend the terms of any other agreements you may have with Weller.

Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. Except as otherwise provided, references herein to Sections refer to Sections of this Agreement. The words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” References to “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.

No Waivers. Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.
No Assignments and Transfers. No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.

Language of the Agreement. Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the parties.
No Third Party Beneficiaries. Nothing in this Agreement will confer upon any person or entity, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
Notices. You can provide any notices to us under this Agreement by e-mail or mail using the contact information provided in Section 15. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Weller with up-to-date contact information, which you may do by updating your account information through the Site or by sending a message to us via the contact information provided in Section 15. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

15. Contact Us
If you have any questions or need to contact us for any reason relating to this Agreement, please e-mail hello@welleryou.com.