Terms and Conditions
Waytoogood and its subsidiaries and affiliates (“Waytoogood” “we,” or “us”), require that all visitors to this Web site as well as any other publicly available version of this site or co- branded sites operated by Waytoogood (the “Site”) adhere to the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. CHANGES TO THESE TERMS AND THE SITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. In certain instances, the Site may need to send notifications of changes to the email address you’ve provided. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
LICENSE TO ACCESS AND USE
o As a condition of using this Site, you represent and agree that you are at least 18 years of age and have the authority to make a binding legal obligation.
o You may access and use this Site only for your personal use. Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
o WAYTOOGOODIS NOT A MEDICAL ORGANIZATION. THE CONTENT MADE AVAILABLE ON THE SITE INCLUDES HEALTH- OR NUTRITION-RELATED INFORMATION THAT IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. SUCH CONTENT DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT, AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. WAYTOOGOODDOES NOT RECOMMEND SELF-MANAGEMENT OF ONE’S HEALTH CARE. RELIANCE ON ANY OF THE CONTENT MADE AVAILABLE ON THE SITE IS SOLELY AT YOUR OWN RISK. SHOULD YOU HAVE ANY HEALTH CARE–RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
o You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. The only exceptions to this policy are if you are a recognizable and reputable search engine for the purpose of indexing and ranking our site for ranking information for inclusion in search results and for paid and unpaid marketing efforts, or if you have expressed permission in writing from Way Too Good. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
o You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of WayTooGood or its licensors and content providers.
4.1 Software: Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, “Software”), is owned by Way Too Good, and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
If you believe in good faith that any Content has been used in a way that constitutes copyright infringement, you may forward the following to us at WayTooGood at firstname.lastname@example.org (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
TERMINATION OF ACCESS
o WayTooGood reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Way Too Good, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
o Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, WayTooGood will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, you may not cause or permit any person to do any of the following: use the Site or Content for any unlawful purpose;
o use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
o impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
o use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind; o use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
o use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
TERMS OF SALE; DESCRIPTION OF SERVICES
We make various services available on this Site including, but not limited to offering multiple products on behalf of certain third party vendors (“Vendor(s)”) through the WayTooGood marketplace. The products available on the Site are provided by the participating Vendors. WayTooGood facilitates the sales, and in some cases the shipping, of the products, but does not directly produce the products made available on the Site. The participating Vendor is solely responsible for production of the products made available through the WayTooGood marketplace. As such, the applicable Vendor is fully responsible for all products it provides to you, and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the products provided through the Way Too Good marketplace or not. You knowingly waive and release Way Too Good and its subsidiaries, Affiliates, partners, members, managers, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Vendor in connection with your use of the Site or any of the products provided by its participating Vendors.
o By disclosing or offering any information to us, including reviews, comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize WayTooGood to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to WayTooGood an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
o By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
o WayTooGood and our agents have the right, but not the obligation, at our sole discretion to remove any content from any Submission that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. WayTooGood is not responsible, however, for any failure or delay in removing such Submissions. You hereby consent to such removal and waive any claim against us arising out of such removal of such Submissions. Furthermore, we neither endorse nor assume any liability for the contents of any user Submissions. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other user, are those of the respective author(s) or distributor(s) and not of Way Too Good.
WayTooGood takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. You agree to notify WayTooGood immediately if you discover loss or access to such information by another party not under your control and supervision. WayTooGoodwill not be liable for any loss or damage arising from the unauthorized use of your username or password.
1. This Site may include hyperlinks to other websites which are not maintained by WayTooGood. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by WayTooGood of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Way Too Good will have no liability for any loss or damage arising from your access or use of any external website. Since WayTooGood is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
2. Images of the WayTooGood logo can only be used to link to the Site; any other use of the WayTooGood logo can only be made with our express written permission. If you operate a website and wish to link to the Site via logo or text link you must link to the Site’s home page unless permission otherwise has been granted in writing by WayTooGood, Inc. by submitting a request to email@example.com. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that WayTooGood approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
3. We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the WayTooGood logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the WayTooGood logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.
2. USE OF TRADEMARKS Except for the limited permission to use the WayTooGood logo as set forth in these Terms, you may not, without our express written permission, use any of WayTooGood trademarks or service marks for any other purpose.
The use of this SITE is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, WAYTOOGOOD AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
THE SITE AND ITS CONTENT ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION, INCLUDING, BUT NOT LIMITED TO, INFORMATION PROVIDED ON THE PRODUCT MANUFACTURER SITE OR MEDICAL ADVICE FROM A QUALIFIED MEDICAL PROFESSIONAL. ANY RELIANCE UPON THE SITE AND ITS CONTENT SHALL BE AT YOUR OWN RISK. WAYTOOGOOD DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM WAYTOOGOOD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE WAYTOOGOODUSES ALL REASONABLE EFFORTS TO CORRECT ANY ERRORS OR OMISSIONS WITHIN THE SITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO WAYTOOGOOD’S ATTENTION, WAYTOOGOODDOES NOT WARRANT THAT THE INFORMATION ON THE SITE ITSELF WILL BE FREE FROM ERRORS OR OMISSIONS.
1. LIMITATION OF LIABILITY
1. In no event will WayTooGood, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Representatives”), be liable to you or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
2. Under no circumstances will WayTooGood or our Representatives be liable to you or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of WayTooGood and the Representatives will be limited in accordance with these Terms to the extent permitted by law.
3. Without limiting any of the foregoing, if WayTooGood or any of the Representatives is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend, indemnify and hold harmless WayTooGood, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and WayTooGood; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
You are solely responsible for your interactions with Vendors and other users of the Site. To the extent permitted under applicable laws, you hereby release WayTooGood from any and all claims or liability related to any product, subscription, or service of a Vendor, any action or inaction by Vendor, including Vendor’s failure to comply with applicable law and/or failure to abide by these Terms, and any conduct or speech, whether online or offline, of any other user.
These Terms will be construed and enforced in accordance with the laws of the Province of Quebec. You submit to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Montreal, Quebec.
1. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
2. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
3. Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
4. These Terms do not confer any rights, remedies, or benefits upon any person other than you.
5. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
6. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
7. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
8. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
9. Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
2. OTHER AGREEMENTS
If you have entered into a separate written agreement with WayTooGood with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
4. Your Account with WayTooGood
You’ll need to create an account with WayTooGood to use some of our Services. Here are a few rules about accounts with WayTooGood:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use WayTooGood or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable. E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and WayTooGood.
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.). A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. B. Permission to Use Your Content. By posting Your Content through our Services, you grant WayTooGood a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help WayTooGood function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. . For example, you acknowledge and agree WayTooGood may offer you or WayTooGood buyers promotions on the Site, from time to time, that may relate to your listings C. Rights You Grant WayTooGood. (Here’s the legalese version of the last section). By posting Your Content, you grant WayTooGood a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote WayTooGood, your WayTooGood shop, or the Services in general, in any formats and through any channels, including across any WayTooGood Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep WayTooGood going. Consider these examples: if you upload a photo or video of a listing on your WayTooGood shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs or even on a billboard to help promote your business and WayTooGood’s.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular: A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti- competitive conduct, threatening conduct, or any other unlawful acts or crimes against WayTooGood, another WayTooGood user, or a third party. B.. C. Don’t Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code. F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to WayTooGood (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination By You. We'd hate to see you go, but you may terminate your account with WayTooGood at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills. Termination By WayTooGood. We may terminate or suspend your account (and any accounts WayTooGood determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, WayTooGood will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or WayTooGood terminate your account, you may lose any information associated with your account, including Your Content.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if WayTooGood gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend WayTooGood (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of WayTooGood’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. WayTooGood will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. WayTooGood has no obligation to resolve any disputes. Release of WayTooGood. You release WayTooGood from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with WayTooGood
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services: A. Governing Law. The Terms are governed by the laws of the Province of Quebec without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of the Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. B. Arbitration. You and WayTooGood agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Billing and Payments
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant WayTooGood the right to store and process your information with the third party payment service, which it may change from time to time; you agree that WayTooGood will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is attached as a link at https://stripe.com/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify WayTooGood within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges
If a Product is defective or if something is missing or damaged, you may return it and we will send you a new item or credit your account. To request a refund, please contact us at When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the postage label. Please note, credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are provided at the sole discretion of waytoogood.
If you have an active subscription at the end of the month, we ship your box in the following the month. We usually ship the subscription boxes after the first week of the following month and the expected arrival date depends on your location. Once your subscription box has shipped you'll receive an email with tracking so you can follow its movement!
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
You can cancel your subscriptions anytime in Account Settings > Subscription > Manage Subscriptions. Your plan will be canceled, but will still available until the end of your billing period. If you change your mind, you can renew your subscription. We do not offer refunds on boxes that have already been shipped.
Currently, we are only honouring 1 promotional box per account and address. Also, although subscriptions can be cancelled at anytime, if you cancelled in the first free month before we even ship out the boxes, we won't be shipping you a box.
We understand your concerns about potential allergens in the foods you eat. However, we cannot guarantee that any of our products are safe to consume for people with specific allergies. If there is a risk to allergic consumers due to the presence of a major allergen in a product, it's of the responsibility of the product creators to declare its presence on the description of that product.