1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a WED West Slope account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. WED West Slope may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that WED West Slope will use the email address you provide as the primary method for communication.
- You are responsible for all activity and content such as data, graphics, photos and links that are uploaded under your WED West Slope Account (“Website Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of WED West Slope will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of USA applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Grand Junction with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that WED West Slope may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on WED West Slope’s website, available at https://wedwestslope.com/terms-of-service/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to WED West Slope’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the WED West Slope service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of USA. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WED West Slope.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WED West Slope or WED West Slope trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to [email protected]
- You understand that your Website Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- The parties have required that the Terms of Service and all documents relating thereto be drawn up in English.
4. WED West Slope Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Website Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any WED West Slope customer, WED West Slope employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that WED West Slope employees and contractors may also be WED West Slope customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- WED West Slope retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, WED West Slope reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that WED West Slope shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall WED West Slope or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WED West Slope partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- WED West Slope does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- WED West Slope does not warrant the results that may be obtained from the use of the Service will be accurate or reliable.
- WED West Slope does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of WED West Slope to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WED West Slope and govern your use of the Service, superseding any prior agreements between you and WED West Slope (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the WED West Slope service. All material you upload remains yours. You can remove your WED West Slope storefront at any time by contacting us to delete your Account.
- You retain ownership over all Website Content that you upload to a WED West Slope storefront; however, by making your store public, you agree to allow others to view your Website Content. You are responsible for compliance of Website Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- WED West Slope shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service.
8. Linking or mentioning the website or website content
- We appreciate and welcome referrals of WED West Slope to others. When linking or mentioning WED West Slope, we respectfully request that you also supply the link to the WED West Slope website. For linking or mentioning specific content in WED West Slope, we ask that you quote that the specific content you are linking or mentioning is from WED West Slope by linking the main website and also providing a direct link (permalink) to the specific content.
- Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
- You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
- You do not misrepresent your relationship with this website; and
- The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
9. Payment of Fees
- You will pay the Fees applicable to your subscription to Online Service and/or hosting (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. WED West Slope will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and WED West Slope will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at WED West Slope’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your WED West Slope administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of USA, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of WED West Slope’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- WED West Slope does not provide refunds.
10. Cancellation and Termination
- You may cancel your Account at anytime by emailing [email protected] or [email protected] and then following the specific instructions indicated to you in WED West Slope’s response.
- Upon termination of the Services by either party for any reason:
- WED West Slope will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to WED West Slope for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the WED West Slope Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, WED West Slope may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
11. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 10 days notice from WED West Slope. Such notice may be provided at any time by posting the changes to the WED West Slope Site (wedwestslope.com) or the administration menu of your WED West Slope storefront via an announcement.
- WED West Slope reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- WED West Slope shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12. Information, Content, and Suppliers
- Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and , or up to date. This includes mistakes caused by contributors of WED West Slope, WED West Slope suppliers or by any of the equipment or programming associated with or utilised by WED West Slope. Furthermore, we take no responsibility with your dealings with suppliers.
- We do not endorse suppliers, their services or their products and have no control over the safety, quality, suitability, legality, availability or price of any product or service advertised on the WED West Slope website. We are not involved, on behalf of either you or the supplier, in any dealing resulting from the use of our directory. You must communicate and deal with the suppliers directly to complete transactions or resolve problems arising from them.
13. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, WED West Slope’s partners or other third parties.
- WED West Slope may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or WED West Slope’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that WED West Slope has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on WED West Slope’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with WED West Slope. WED West Slope strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. WED West Slope is not responsible for any disclosure, modification or deletion of your data or Website Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Website Content.
- Under no circumstances shall WED West Slope be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if WED West Slope has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
14. DMCA Notice and Takedown Procedure
WED West Slope supports the protection of intellectual property and asks WED West Slope merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to WED West Slope’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure
Last Updated: December 2018