Terms & Conditions
WRELAY® CORPORATION Terms of Service
1. Contractual Relationship
These Terms of Use ("Terms") govern your access or use of the applications, software, websites, contents, products, and services (the "Services," as more fully defined below in Section 3) made available by WRELAY® CORPORATION Corp and its subsidiaries and affiliates. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WRELAY® CORPORATION CORP. In these Terms, the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, you confirm your agreement to be bound by these Terms.
*If you do not agree to these Terms, please DO NOT purchase, use or access our products and services.
These Terms expressly supersede prior agreements or arrangements with you. WRELAY® CORPORATION may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW CAREFULLY, THIS AGREEMENT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH WRELAY® CORPORATION ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
WRELAY® CORPORATION may amend the Terms at any time Amendments will be effective upon WRELAY® CORPORATION's posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to the amended Terms. If WRELAY® CORPORATION changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing WRELAY® CORPORATION written email notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by email from the email address associated with your Account to contact@WRELAY.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
WRELAY® CORPORATION’s collection and use of personal information in connection with the Services is described in WRELAY® CORPORATION's Privacy Statements located at www.WRELAY.com/privacy.html
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against WRELAY® CORPORATION on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against WRELAY® CORPORATION, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against WRELAY® CORPORATION by someone else.
Agreement to Binding Arbitration Between You and WRELAY® CORPORATION.
You and WRELAY® CORPORATION agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and WRELAY® CORPORATION, and not in a court of law.
You acknowledge and agree that you and WRELAY® CORPORATION are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and WRELAY® CORPORATION otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and WRELAY® CORPORATION each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.
Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and WRELAY® CORPORATION otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and WRELAY® CORPORATION submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. WRELAY® CORPORATION will not seek, and hereby waives all rights WRELAY® CORPORATION may have under applicable law to recover, attorneys' fees and expenses if WRELAY® CORPORATION prevails in arbitration.
Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, WRELAY® CORPORATION will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with WRELAY® CORPORATION. In certain instances, the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third-Party Providers. Unless otherwise agreed by WRELAY® CORPORATION in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH WRELAY® CORPORATION AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
License.
Subject to your compliance with these Terms, WRELAY® CORPORATION grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WRELAY® CORPORATION and WRELAY® CORPORATION's licensors.
Restrictions.
You may NOT: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by WRELAY® CORPORATION; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that WRELAY® CORPORATION does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. WRELAY® CORPORATION does not endorse such third-party services and content and in no event shall WRELAY® CORPORATION be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
Ownership.
The Services and all rights therein are and shall remain WRELAY® CORPORATION's property or the property of WRELAY® CORPORATION's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner WRELAY® CORPORATION's company names, logos, product and service names, trademarks or services marks or those of WRELAY® CORPORATION's licensors.
4. Access and Use of the Services
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to WRELAY® CORPORATION certain personal information, such as valid identification, your name, address, mobile phone number and age, as well as at least one valid payment method supported by WRELAY® CORPORATION. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You may not select as your user ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WRELAY® CORPORATION in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
WRELAY® CORPORATION will not be held accountable for any unlawful acts (laws change from state to state as well as internationally in every country outside of the USA and U.S. territories, it is the users responsibility to research and follow the laws that apply to the user within their current and any future country they will visit.) committed by our third party providers or those who use our service.
When deciding on a user-to-user meeting location for transfers, please consider the safety of the location. While you may agree on any location for transfer, we recommend a public populated place.
Referrals and Promotional Codes.
WRELAY® CORPORATION may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third-Party Provider's services, or other features or benefits related to the Services and/or a Third-Party Provider's services, subject to any additional terms that WRELAY® CORPORATION establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by WRELAY® CORPORATION; (iii) may be disabled by WRELAY® CORPORATION at any time for any reason without liability to WRELAY® CORPORATION; (iv) may only be used pursuant to the specific terms that WRELAY® CORPORATION establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. WRELAY® CORPORATION reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that WRELAY® CORPORATION determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of WRELAY® CORPORATION’s Terms.
Cancellation Fees.
Cancellation fees are charged to compensate either the user sending a package “Sender” or user transporting a package “Transporter” for time invested and/or time lost. Senders should only post items that are ready to be transferred on the specified date to the transporters and transporters should only accept packages to transport only if they’re ready to pick it up prior to their journey.
A transaction can be cancelled free of charge up to 30 minutes after the transporter has established a connection with a sender. After 30 minutes, whichever user (Sender or Transporter) decides to cancel will have a cancellation fee implemented. If one user decides to cancel with enough supporting evidence that the other user was either unresponsive or did not collaborate appropriately throughout this transaction, we will apply the fee to the user that was not collaborating during this transaction.
Within a WRELAY® CORPORATION transaction and in the event that a user cancels a transaction after they’ve established to go through with the transaction may be charged a fee unless they claim and have enough supporting evidence that the other user was a “no-show”. If enough evidence is provided and approved by WRELAY® CORPORATION, the user that did not show up will be charged a no-show fee.
User Provided Content.
WRELAY® CORPORATION may, in WRELAY® CORPORATION's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to WRELAY® CORPORATION through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by any “user” remains “user” property. However, by providing User Content to WRELAY® CORPORATION, you grant WRELAY® CORPORATION a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WRELAY® CORPORATION's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all your provided User Content or you have all rights, licenses, consents and releases necessary to grant WRELAY® CORPORATION the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor WRELAY® CORPORATION's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WRELAY® CORPORATION in its sole discretion, whether or not such material may be protected by law. WRELAY® CORPORATION may, but shall not be obligated to, review, monitor, or remove User Content, at WRELAY® CORPORATION's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WRELAY® CORPORATION does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
5. Payment
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). WRELAY® CORPORATION will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by WRELAY® CORPORATION using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WRELAY® CORPORATION may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by WRELAY® CORPORATION.
As between you and WRELAY® CORPORATION, WRELAY® CORPORATION reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in WRELAY® CORPORATION's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. WRELAY® CORPORATION will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. WRELAY® CORPORATION may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. WRELAY® CORPORATION may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and WRELAY® CORPORATION will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider. WRELAY® CORPORATION will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to WRELAY® CORPORATION or its affiliates, where WRELAY® CORPORATION is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from WRELAY® CORPORATION for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and WRELAY® CORPORATION will respond accordingly to any request from you to modify the Charges for a particular service or good.
6. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WRELAY® CORPORATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WRELAY® CORPORATION MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WRELAY® CORPORATION DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WRELAY® CORPORATION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF WRELAY® CORPORATION, EVEN IF WRELAY® CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WRELAY® CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WRELAY® CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WRELAY® CORPORATION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WRELAY® CORPORATION'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WRELAY® CORPORATION HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WRELAY® CORPORATION’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON WRELAY® CORPORATION’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Indemnity.
You agree to indemnify and hold WRELAY® CORPORATION and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including fees related to attorneys', import taxes, flights, and/or any other mode of transportation), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) WRELAY® CORPORATION's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
8. Privacy and Cookies
Information we get from your Use of our Platform.
Cookies, Pixels, and Other Tracking Technologies: We and our partners use various technologies to collect information, including cookies, pixels, and device identifiers. Cookies are small text files that are sent by your computer when you access our services through a browser. We may use session cookies (which expire when you close your browser), persistent cookies (which expire when you choose to clear them from your browser), pixels, and other identifiers to collect information from your browser or device that helps us do things such as understand how you use our services, personalize your experience, measure advertising performance, and remember that you are logged in to WRELAY® CORPORATION.
Mobile Data: When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
Log information: When you use WRELAY® CORPORATION, our servers will record information about your usage of the service and information that is sent by your browser or device. Logs information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on WRELAY® CORPORATION, and other ways you interact with the service. When you are logged into the WRELAY® CORPORATION service, this information is stored with your account information.
What do we do with your information?
We use, store and process information about you for the following general purposes:
- To support the buying and selling process, we collect the personal information you give us such as your name, address and email address. This information will be stored and used to process and fulfill your orders.
- We may provide personal information to the merchants who fulfill the orders you place on our sites.
- We may share personal information with our subsidiaries, affiliates and marketing partners.
- We may share aggregated, anonymized or de-identified personal information with any third party, without any restriction, including through the use of cookies and other automated technologies.
- To operate, protect, improve and optimize the Platform, WRELAY® CORPORATION’s business and our users’ experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and to provide customer service;
- To send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- To send you marketing, advertising, and promotional messages and other information that may be of interest to you, including information about WRELAY® CORPORATION, our services, or general promotions for partner campaigns and services;
- To administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by WRELAY® CORPORATION or our Third-Party business partners.
Third-party services.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are a Canadian citizen and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
This privacy policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from our site.
Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed..
Links
When you click on links on our website or blog, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Trademarks and Copyrights
Except as otherwise noted, WRELAY® CORPORATION is the owner of all trademarks and service marks on or in the Products and services, whether registered or not. WRELAY® CORPORATION expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
What to do if you see something in our services that infringes on your copyright?
WRELAY® CORPORATION Corp respects others’ intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.
Questions and contact information
If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information about our privacy practices, please contact us at Contact@WRELAY.com