WECO HOSPITALITY, INC. TERMS AND CONDITIONS
Last Updated June 26, 2024
Welcome to WECO!
At WeCo Hospitality, Inc. (also known as "WECO"), we make fresh, delicious dinners, lunches, breakfasts, and snacks, that are easy to get onto the table.
Our commitment to you:
WE KNOW YOU WILL LOVE THE FOOD WE COOK FOR YOU. IF FOR ANY REASON YOU DON’T, WE WILL REFUND OR CREDIT YOU 100%, SUBJECT TO THE TERMS OF THIS AGREEMENT.
We love to hear from you, and our Customer Joy team is available to help answer any questions or resolve any issues. Just email weco@wecohospitality.com and we’ll usually respond very quickly.
1. Your Acknowledgment and Acceptance of Terms
By accessing or using the www.wecohospitality.com website or any other online platform operated by WECO ("Site"), viewing our Content, signing up for WECO menus, subscribing to the WECO Subscription Service, enrolling in the WECO Memberships, purchasing WECO Gift Cards or Rewards, visiting our Social Media Pages, participating in our Promotions, or using any other products or services offered by WECO (collectively referred to as the "WECO Offerings"), you agree to be bound by these Terms and Conditions ("Agreement"). This Agreement includes the WECO Gift Card and Loyalty Terms and Conditions, Promotion Rules, and other operational rules, policies, prices, and supplemental terms published on the Site, all of which are incorporated by reference into this Agreement. By accessing or using the WECO Offerings, you agree to comply with and be legally bound by this Agreement. Please read this Agreement carefully in its entirety. If you do not agree with any part of this Agreement, you may not use the WECO Offerings.
IMPORTANT: By using the WECO Offerings, you agree that any disputes between you and WECO regarding this Agreement or the WECO Offerings shall be resolved outside of court through binding arbitration, as detailed in Section 15 below.
For any questions about this Agreement or the WECO Offerings, please refer to our Frequently Asked Questions or contact our Customer Service team at weco@wecohospitality.com.
2. Modification of Terms
We may modify these Terms and Conditions at our sole discretion and without prior notice. However, the following exceptions apply:
- Changes to the Dispute Resolution provisions will not apply to disputes that arose before the modification.
- Changes to pricing and billing provisions will not apply to charges incurred before the modification.
The most current version of the Agreement will be posted on our website. You should review these Terms and Conditions before using our services and periodically thereafter. By continuing to use our services, you agree to comply with and be bound by the updated Terms and Conditions as they are in effect at that time. This excludes disputes arising before the modification of the Dispute Resolution provisions or charges incurred before the modification of the Billing provisions, which will be governed by the provisions in effect at the time of the dispute or charge. All modifications to these Terms and Conditions are effective immediately upon publication on our website.
3. WECO Offerings
(a) WECO Subscription Service
The WECO Subscription Service is an ongoing subscription service offering various subscription options based on meal type, number of meals, and number of people (each combination is referred to as a “Plan”). The standard subscription is weekly, referred to as your “Subscription Period” in this Agreement. Each Subscription Period, excluding those you choose to skip, you will receive a package from WECO containing the contents of your chosen Plan (each delivery is a “Delivery”). You can view specific details about your Plan and account by accessing your Account details on the Site.
To personalize your WECO Subscription Service, you can modify any specific Delivery before the applicable Cut Off Time, subject to Plan or Service terms. You can:
(i) Select your own meals from available options instead of the default meals chosen for you;
(ii) Adjust the number of meals you receive;
(iii) Order additional products such as salads or snacks.
You can skip any Subscription Period before the Cut Off Time. For information on Cut Off Times and how to change, modify, or cancel your Plan, or skip a Subscription Period, please see Section 3(e). WECO reserves the right to modify, terminate, or amend its offered Plans. Skipping a Subscription Period only affects the immediately upcoming period; subsequent periods will resume according to your subscription frequency.
(b) Authorization and Payment
By registering for the WECO Subscription Service or changing your Plan, you authorize WECO and/or its third-party payment processor to automatically charge your Payment Method on a recurring basis according to your subscription frequency, for the applicable Plan Rate, including any taxes and shipping, as long as you continue to use the service, except for periods you choose to skip or if you cancel according to the Agreement before the Cut Off Time.
If you do not make your own meal selections before the Cut Off Time, you agree that WECO will select meals for you within your Plan Rate and charge your Payment Method accordingly. WECO will not obtain additional authorization for recurring payments consistent with your Plan Rate. You also authorize charges for any additional WECO offerings purchased outside of or in excess of your Plan.
(c) Payment and Billing Information
By providing your payment information, you authorize WECO and its payment processor to charge your Payment Method as outlined in this Agreement. If payment fails, WECO may suspend or cancel your Delivery for the affected periods and retry your Payment Method. You can update or change your Payment Method on your Account page. Changes made after the Cut Off Time may not take effect immediately. Your use of the WECO Service is subject to limits established by WECO and your Payment Method issuer.
(d) Credit or Debit Card Temporary Authorizations
WECO may place a temporary authorization or charge on your Payment Method to verify its validity. These temporary authorizations will expire according to your Payment Method provider’s rules.
(e) Changes, Cancellations & Other Modifications to the Plan
You can skip a Subscription Period or cancel your Plan at any time by logging into your Account or contacting Customer Service. Changes or cancellations must be received by 12:00 p.m. (noon) EST time on your Cut Off Day. Your Cut Off Day varies by location and is seven days from your original order date. If not submitted by the Cut Off Time, changes or cancellations will take effect for the following Subscription Period.
(f) Prices and Price Changes
WECO adjusts prices based on factors like ingredient costs. Prices for each Delivery are displayed on the Site. You will receive at least seven days' notice of any price increases. If you continue to receive Deliveries after a price increase, it constitutes your acceptance of the new rate. Prices are in U.S. dollars, and additional taxes and fees apply.
(g) Quality, Availability and Substitutions
WECO may substitute ingredients if certain products are unavailable or do not meet quality standards. Availability is subject to market conditions and may limit the contents of your Delivery.
(h) Delivery of Products
WECO delivers only to certain U.S. locations. If you are not home, packages will be left at your door unless signature delivery is specified. In case of delays due to weather or other events, WECO will attempt to notify you. Packaging is designed to keep food fresh until 8 p.m. on the delivery date. Inspect and refrigerate perishable items immediately upon receipt. Follow cooking and safety instructions for optimal results.
(i) Gift Cards and Rewards
Terms for WECO Gift Cards and Rewards are included in the WECO Gift Card and Reward Terms and Conditions.
(j) Referral Programs
WECO offers referral programs providing Account credits. Restrictions may apply, and WECO reserves the right to cancel future Deliveries, Accounts, or credits if misuse is suspected.
(k) Trial Period
Discounted trial periods for the WECO Subscription Service may be available to first-time users. At the end of the trial, your Payment Method will be billed at the Plan Rate unless you cancel before the Cut Off Time.
(l) Promotions
WECO offers various promotions, subject to terms and conditions. Participation requires accurate information and adherence to Promotion Rules.
(m) Dietary Advice; Allergens and Ingredient Intolerances
Content may contain Dietary Advice and Dietary Options, which may include allergens. The Site does not provide medical advice and are not substitutes for professional consultation. Check ingredients to avoid allergic reactions and contact healthcare providers for medical advice.
All major U.S. allergens are present in WECO’s facilities. Cross-contamination may occur, making the service unsuitable for severe allergies or gluten intolerance.
(n) Nutritional Information
All nutritional information presented and written on the Site are estimates intended for informational purposes only and have not been evaluated by a nutritionist or registered dietician. This information should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult with a physician or other healthcare professional if you have any concerns or questions about your health.
Under no circumstances will WECO be liable for any loss or damage from relying on the nutritional information provided on this site.
(o) Membership
WECO offers a Membership subscription for a monthly fee (“Membership Fee”). This Membership provides free deliveries for orders over $100, free items such as kids food or dessert, and other membership rewards as listed on the Site (collectively, “Membership Perks”). New customers, or those selected at WECO’s discretion, will be auto-enrolled in a 30-day free trial of the Membership at no extra cost.
UNLESS YOU CANCEL OR OPT OUT BEFORE A CHARGE, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW. YOU AUTHORIZE US TO COLLECT THE APPLICABLE MEMBERSHIP FEE AND ANY TAXES USING ANY ELIGIBLE PAYMENT METHOD ON RECORD FOR YOU, WITHOUT FURTHER NOTICE UNLESS REQUIRED BY LAW.
You can cancel your Membership anytime through your account or by contacting us at weco@wecohospitality.com. The cancellation will take effect at the end of your current billing cycle, and you will retain access to all Membership Perks until then. WECO does not provide full or partial refunds for Membership cancellations.
(p) Deliveries & Review
In the event of weather conditions or other circumstances beyond our control that impact our ability to safely deliver your order on time, we will strive to deliver it as soon as reasonably possible. This may result in delivery occurring on a different day than scheduled. If delivery is not feasible, we will cancel your delivery for the affected period and issue a credit or refund, at our sole discretion, for the undeliverable order.
Please inspect your delivery and all included meals and products promptly for completeness, freshness, defects, or other issues. If you encounter any problems or have questions, contact us immediately at weco@wecohospitality.com. To maintain the highest quality and integrity of the meals after delivery, we recommend that you immediately refrigerate the items when you receive them. We also advise reviewing the USDA’s safe food handling instructions.
WECO utilizes various materials and packaging, such as insulated bags or boxes, insulating sleeves, and cold packs to keep perishable items cold during shipping and delivery. However, we cannot guarantee that handling during delivery will not shift or damage the shipping container or its contents. Once the order is delivered, ownership and the risk of loss and damage pass to you. If you are not home at the time of delivery, the order will be left at your door or in a common area, and we cannot ensure that the contents will remain cold, fresh, or safe for consumption.
Consumption of any order item is at your own risk from the time of delivery. You are responsible for any preparatory steps, storage, and serving of all order contents. We recommend using a thermometer to check the internal temperature of poultry, fish, or meat products to ensure they meet USDA guidelines. WECO provides preparation and serving suggestions with your order and always recommends cooking seafood, meats, and poultry to the USDA’s recommended internal temperatures.
4. Access to the WECO Offerings; Account Information
(a) Access
You are responsible for providing all equipment and services necessary to access the WECO Offerings, including covering any data, telephone, and other charges. You agree to comply with all applicable laws and the terms of this Agreement when using or participating in any WECO Offerings. You confirm that you are at least eighteen (18) years old (or the legal age of majority in your jurisdiction, if higher) and have the authority to enter into this Agreement and fulfill your obligations under it.
You acknowledge that the Site and other WECO Offerings may occasionally be inaccessible or inoperable due to: (a) equipment malfunctions; (b) periodic maintenance or repairs by WECO; or (c) causes beyond WECO’s reasonable control. WECO shall not be liable for any such events.
(b) Account and Passwords
Access to the WECO Service is achieved through a registered email address and a password you select during registration, which can be updated as needed. You are solely responsible for all access to your Account, whether authorized or unauthorized. You must maintain an accurate and active email address for access to the Site and for receiving transactional, Account-related, or marketing communications. You are also responsible for keeping your password confidential and must notify WECO promptly of any unauthorized use of your password or Account. You remain liable for any unauthorized use of the WECO Service.
(c) Your Account/Registration
You are responsible for all charges (including taxes) to your Account in connection with your use of the WECO Service, including your WECO Subscription Service (and related Plan) and any additional products purchased by you or anyone using your Account and password.
When registering with WECO, you will be asked to provide the following information to enhance your customer experience and assist with transaction processing: (a) full name; (b) email address; (c) mailing and/or billing address; (d) telephone number; (e) Payment Method information; (f) information for an alternative receiver of products (if you choose to forward any Delivery before the Cut Off Time); and (g) any other requested information (collectively, “Account Information”). You are responsible for keeping all your Account Information current, up to date, and accurate. You can update your Account Information by logging into the Service and visiting your Account page or by contacting us at weco@wecohospitality.com.
Please refer to our Privacy Policy for details on how this information will be used. Do not send credit card or other payment information via email. Payment Method information provided during sign-up or through your Account page is sent directly to our third-party payment processor(s); WECO does not store your credit card number, expiration dates, or CVC codes.
When creating an account, you must provide complete and accurate information about yourself to ensure we can reach you. Accurate email and contact information is critical, especially in the event of a product recall or similar issue, as we rely on email to communicate with users, supplemented by text messages and occasionally telephone outreach by our Customer Joy team. To improve your customer experience, we may also use email, text, and telephone to share important information about your WECO Deliveries, orders, payments, etc. You may opt out of receiving text messages from WECO at any time by replying “STOP” from the mobile device receiving the messages or by logging into the Service, visiting your Account page, and changing your settings under “Notifications.”
You agree not to provide fraudulent Account Information and accept responsibility for all activities that occur under your Account or password. You are responsible for restricting access to your computer and mobile device(s) as applicable.
5. Content
The Site features Content, including information related to the WECO Offerings. This Content is provided for informational purposes only and is subject to the terms of this Agreement.
The Site and App may also include links to third-party websites ("Third-Party Websites"), applications ("Third-Party Applications"), and advertisements ("Third-Party Ads") featuring Content not originating from us. When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Ad, we do not notify you that you have left our Site or App and are now subject to the terms and conditions (including privacy policies) of another site or destination. These Third-Party Websites, Third-Party Applications, and Third-Party Ads are not under WECO's control. WECO is not responsible for any of these third-party resources or their content.
WECO provides links to Third-Party Websites, Third-Party Applications, and Third-Party Ads solely for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations about them, their products, services, or content. You use these links at your own risk. Once you leave our Site or Services, this Agreement and our related policies no longer apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and conduct any investigation you deem necessary before proceeding with any transaction with a third party.
6. User Content and Material
We encourage you to actively participate in the WECO community by reviewing recipes, sharing photos, and providing feedback. Importantly, we do not claim ownership of your User Content. You retain all rights to your User Content, subject to the licenses granted in this Agreement. "User Content" includes any photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content that you (i) submit or post on the Site, Interactive Services, or through tools or applications we provide for sharing content with us, or (ii) have posted on your social media accounts tagged with any WECO-promoted hashtag. User Content is deemed non-confidential and non-proprietary.
By submitting or posting User Content, you grant WECO and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable license to use, copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, and otherwise exploit the User Content, as well as your name, persona, likeness, and social media account details associated with the User Content, in any media or technology now known or hereafter developed, for any commercial or non-commercial purposes, without further notice to you. You will not receive any royalties or consideration for the use of your User Content, nor will you have the right to inspect or approve any editorial content using your User Content. WECO may use any ideas, suggestions, concepts, know-how, or techniques contained in User Content for any purpose, including developing, manufacturing, and marketing products.
You are responsible for ensuring that you own or control all rights to the User Content and that it does not violate any third-party rights or contain any harmful content. You represent and warrant that you have obtained permission from any individuals featured in your User Content to use their name, image, voice, and likeness. You also agree that your User Content does not contain false or misleading information, infringe on any third-party rights, or contain any defamatory, obscene, offensive, or harmful content. You may be required to provide documentation to verify your compliance with this Agreement.
WECO does not guarantee the truthfulness, accuracy, or reliability of any User Content and does not endorse any opinions expressed in User Content. By submitting or posting User Content, you release WECO and its affiliates from any claims, demands, and damages arising from disputes related to User Content or its use by WECO. WECO is not responsible for the misuse of User Content by third parties. WECO may, at its discretion, remove any User Content that it deems inappropriate or objectionable without prior notice to you.
WECO is not obligated to store or maintain copies of your User Content. You are responsible for making backups of any data, material, content, or information you post or send through the Service.
7. Interactive Services; Use of WECO Offerings
(a) Content and Use Guidelines
We value our WECO community and ask that you follow some basic rules to ensure a positive experience for everyone. Please use common sense and adhere to these guidelines:
- Inappropriate Content: Use colorful language and imagery, but avoid threats, harassment, lewdness, hate speech, or displays of bigotry.
- Relevance: Ensure your contributions are relevant and appropriate to the forum.
- Privacy: Do not publicize others' private information. Avoid posting close-up photos of people without their permission and refrain from posting full names unless referring to service providers commonly identified by their full names.
- Intellectual Property: Use only your own content. Report any inappropriate content at weco@wecohospitality.com
(b) Use Restrictions
Your account is for personal, non-commercial use only, unless otherwise agreed upon in writing with WECO. You agree not to use the WECO Offerings for commercial purposes or to conduct business activities. Additionally, you agree not to:
- Display personal information of third parties, such as phone numbers, addresses, last names, URLs, or email addresses.
- Share confidential information, or any indecent or obscene content.
- Impersonate others or engage in harassment.
- Engage in unauthorized advertising or commercial solicitation.
- Transmit spam, chain letters, or junk email.
- Imply endorsements by WECO without explicit consent.
- Collect personal information of others without consent.
- Use automated devices or processes to retrieve or index data from the Site or App.
- Reproduce or distribute copyrighted material without permission.
- Remove any proprietary rights notices.
- Interfere with the Site, App, or their networks.
- Share materials containing viruses or harmful code.
- Offer illegal software or services.
- Frame or mirror any part of the Site or App without authorization.
- Use metatags or code referencing WECO to direct users to other sites.
- Modify, adapt, sublicense, translate, sell, reverse engineer, or decompile any part of the WECO Offerings.
Violating these restrictions may result in the immediate termination of your access to the Site at WECO’s sole discretion. WECO reserves the right to pursue any legal remedies for such violations.
(c) Limitation of Liability; Compliance with Laws
The Interactive Services allow users to participate in comment sections and other interactive areas of the Site and/or App. Users must comply with all applicable laws and regulations and are solely responsible for their comments, opinions, statements, and other content (collectively, "Feedback"). WECO is not liable for any claims arising from the use or inability to use the Interactive Services. Feedback posted by users is not endorsed by WECO, and WECO is not responsible for its accuracy or appropriateness. WECO reserves the right to remove any Feedback at any time for any reason. Users must use the Interactive Services in accordance with all applicable laws and regulations.
8. Copyright Policy/DMCA Compliance
WECO respects intellectual property rights and endeavors to comply with applicable laws, including the Digital Millennium Copyright Act ("DMCA"). We will promptly review all claims of copyright infringement as per DMCA guidelines.
Our designated agent for receiving notifications of claimed infringement under the DMCA is:
WeCo Hospitality, Inc.
Attn: DMCA Agent
63 Main Street
Salem, NH 03079
Email: DMCA.Agent@wecohospitality.com
If you believe that a copyrighted work has been copied and posted via the WECO Offerings in a manner that constitutes copyright infringement, please provide WECO with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed, including its location.
- A statement by the copyright owner or authorized person that they have a good faith belief that the disputed use is not authorized.
- Contact information of the notifying party, including name, telephone number, and email address.
- A statement that the information provided is accurate and, under penalty of perjury, that the notifying party is authorized to act on behalf of the copyright owner.
WECO reserves the right to terminate access to the WECO Offerings for any user who infringes upon third-party copyrights.
10. License and Proprietary Rights
(a) Copyright and Ownership.
The Site, App, and all associated Content, including design, text, graphics, interfaces, and all associated software (collectively referred to as the "WECO Materials"), are exclusively owned by or duly licensed to WECO. You are granted permission to view, electronically copy, and print portions of the Site solely for the purpose of using the WECO Service. Any other use of the WECO Materials, including modification, distribution, or reproduction for purposes other than those expressly permitted, requires prior written permission from WECO. You acknowledge that WECO and/or its third-party content providers retain ownership of the WECO Materials, and downloading copyrighted material does not transfer any ownership rights to you. WECO reserves the right to revoke this permission at any time, and any unauthorized use must cease immediately upon written notice from WECO.
(b) Trademarks.
"WECO®," all other WECO marks and logos, as well as titles, characters, names, graphics, and button icons, are service marks, trademarks, and/or trade dress of WECO, Inc., or are otherwise proprietary to WECO, Inc. These marks and logos may only be used by you as expressly permitted by the Agreement and for no other purpose. All other trademarks, service marks, product names, and company names or logos appearing through the WECO Offerings belong to their respective owners. Your use and access to the WECO Offerings do not grant you any ownership rights to such marks, logos, or names.
11. Representations and Warranties
Each user represents and warrants to WECO as follows:
(a) The Agreement constitutes a legal, valid, and binding obligation enforceable against the user in accordance with its terms.
(b) The user has independently evaluated the desirability of utilizing the WECO Offerings and has not relied on any representation or warranty other than those in the Agreement.
(c) The user's performance under the Agreement, use of the WECO Offerings, and any Feedback will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent, or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) infringe upon the rights of any third parties, including but not limited to those of copyright, patent, trademark, trade secret, or other intellectual property rights, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
(d) If applicable, the user will be solely responsible for their Feedback.
12. Indemnification
To the fullest extent permitted by applicable laws, you agree to indemnify, defend, and hold WECO and the WECO Parties (as defined below) harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and expenses (including reasonable attorneys’ fees, court costs, and/or settlement costs) arising from or related to:
(a) Your Content and Feedback;
(b) Any dispute between you and any other user or third party;
(c) Your breach of the Agreement, including any representation or warranty herein;
(d) Any allegation that you (or your Feedback or Content) have infringed upon the trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
(e) Any claim that your use of the WECO Offerings has violated any applicable law.
13. Warranty and Warranty Limitations
THE WECO OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WECO MAKES NO WARRANTY THAT THE WECO OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS, OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE.
THE WECO OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WECO WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE WECO OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WECO OR OTHERWISE THROUGH OR FROM THE WECO OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WITHOUT LIMITING THE FOREGOING, WECO DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.
WECO HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, PRODUCTS, COLORS, AND OTHER ITEMS YOU SEE ON THE SITE AND APP AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE SITE OR APP DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE, EXCEPT AS SET FORTH IN THIS AGREEMENT. THE SITE OR APP MAY CONTAIN INFORMATION ON MEALS, SERVICES, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL, SERVICE, OR PRODUCT ON THE SITE OR APP DOES NOT IMPLY THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION. THE SITE OR APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS
14. Limitation of Liability
You expressly understand and agree that neither WECO nor any of its directors, officers, employees, shareholders, affiliates, agents, representatives, third-party information providers, partners, merchants, or licensors (collectively, “WECO Parties”) shall be liable to you or any third party for any direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if WECO or the applicable WECO Party has been advised of the possibility of such damages), to the fullest extent permissible by law, arising from: (a) the use or inability to use the WECO Offerings and/or any other content, information, products, and/or services offered through them; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, content, and/or any other products purchased or obtained from or through the WECO Offerings; (c) unauthorized access to, or alteration of, your account information; (d) the failure to realize any specific dietary benefit, weight loss, or other health-related outcome; and/or (e) any other matter relating to the WECO Offerings and/or any other content, information, products, and/or services offered by and/or through them. This limitation applies to all causes of action, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any and all other torts. You hereby release WECO and the WECO Parties from any and all obligations, liabilities, and claims in excess of the limitations stated herein.
In all cases, our maximum liability to you (and anyone claiming rights through you) shall not exceed the amounts paid by you for the services in the one (1) month period preceding the date on which your claim arose. No action, regardless of form, arising out of your use of the WECO Offerings and/or any other products and/or services offered by and/or through them, may be brought by you or WECO more than one (1) year following the event which gave rise to the subject cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and WECO. Access to the WECO Offerings and/or any other content, information, products, and/or services offered by and/or through them would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability, and in such jurisdictions, the liability of WECO shall be limited to the maximum extent permitted by law.
15. Dispute Resolution Provisions
Please read this section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. We believe that in the case of disputes, arbitration is the least expensive and fairest way for our Company and you to handle any potential disputes. By agreeing to these Terms of Service, you agree to MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement: All claims, causes of action, and disputes between us that cannot be resolved in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and WECO, as well as to any of our licensors, suppliers, dealers, or third-party vendors, subsidiaries, affiliates, partners, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement.
IF YOU AGREE TO ARBITRATION WITH WECO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST WECO ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST WECO IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.**
(b) Arbitration Rules: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267. Any hearing will be held within one hundred (100) miles of your residence, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator: 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, scope, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(d) Waiver of Jury Trial: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND WECO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. In the event that you demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, WECO will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.
(e) Waiver of Class or Consolidated Actions:
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration, and instead claims and disputes shall be resolved in a court located in Rockingham County, New Hampshire.
(f) Severability: If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
(g) Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with WECO.
(h) Modification: Notwithstanding any provision in these terms to the contrary, we agree that if WECO makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to WECO.
(i) Small Claims Court: Notwithstanding the foregoing, either you or WECO may bring an individual action in small claims court.
(j) Courts: In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Rockingham County, New Hampshire for such purpose.
(k) Choice of Law: New Hampshire law, subject to the Federal Arbitration Act, will govern this Agreement, as well as any claim, cause of action, or dispute that might arise between you and WECO (“Claim”), without regard to conflict of law provisions.
16. Miscellaneous
(a) Termination. This Agreement becomes effective upon your acceptance as detailed herein and remains in full force and effect until terminated. Either party may suspend or terminate this Agreement or any WECO Offerings at any time, with or without cause. WECO also reserves the right to remove or disable access to all or any portion of the WECO Offerings for any reason. You may terminate your WECO Service account at any time by notifying us at weco@wecohospitality.com. Termination will be effective seven days after we receive your notice or on any later date specified therein. Upon termination, you may no longer access or use any of the WECO Offerings or your Plan. WECO reserves the right to collect fees and charges incurred prior to the cancellation of your WECO Service account. Additionally, you remain responsible for any charges incurred with third-party vendors before your cancellation. Despite termination, the terms of this Agreement will continue to apply to any Deliveries received after termination.
(b) Notices. WECO may provide notice to you regarding any changes or communications related to the Agreement through general postings on the Site, via email, or by conventional mail to the address you have provided in your account. You may notify WECO at weco@wecohospitality.com or by conventional mail addressed to:
WeCo Hospitality, Inc.
Attn: Customer Joy
63 Main Street
Salem, NH 03079
(c) Entire Agreement; Severability; Waiver; Relationship of the Parties; Headings; Assignment. This Agreement constitutes the entire agreement between you and WECO regarding your use of the WECO Offerings. In cases where anything associated with the WECO Offerings conflicts or is inconsistent with this Agreement, this Agreement shall prevail. However, with respect to promotions, any inconsistencies between these Terms and Conditions and the applicable Promotion Rules shall defer to the Promotion Rules. Similarly, regarding Gift Cards and Rewards, any inconsistencies between these Terms and Conditions and the WECO Gift Card and Reward Terms and Conditions shall defer to the Gift Card and Reward Terms and Conditions. If any part of this Agreement is found invalid or unenforceable, that portion shall be construed as closely as possible to reflect the original intention of the parties, and the remaining portions shall remain in full force and effect under applicable law. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or the right to enforce it. The parties do not intend to create any agency or partnership relationship through this Agreement. WECO reserves the right, at its sole discretion and with or without notice to you, to assign this Agreement, its rights, or delegate its duties under this Agreement to any third party for any purpose. However, you may not assign this Agreement or delegate your duties under it. Headings are provided for convenience and do not define, limit, construe, or describe the scope or extent of any section.
(d) Third-Party Beneficiaries. You acknowledge that this Agreement does not intend to confer and does not confer any rights or remedies upon any person other than you, WECO, and WECO Parties. However, the provisions of this Agreement are for the benefit of the WECO Parties, and each WECO Party shall have the right to assert and enforce these provisions directly.
(e) Promotional Emails. By using the WECO Offerings, you consent to receive promotional emails from WECO periodically. These emails may include promotional offers, information about WECO products and services, or information about third-party products and services that we believe may interest you. While you have the option to opt out of promotional emails, WECO reserves the right to continue sending you administrative emails related to weekly menus, gifts, forwarded or donated boxes, customer service inquiries, billing issues, orders, purchases, and Deliveries.