Welcome to www.gowaji.com, the website and online service of Waji LLC (“Waji,” “we,” or “us”). This Terms and Conditions (the “Terms”) is a legally binding agreement between you, the individual (“you”, “your”) and Waji. Please make sure you read it as it explains the terms and conditions guiding your usage of Waji online services, website, and newsletters made available to you through or in connection with the service (collectively the “Service”).
By accessing our site, subscribing to our newsletter, using our trauma severity quiz, or using any of the services provided by Waji, you agree to be bound by these Terms and Conditions, including any additional terms and conditions or policies referenced herein or available by hyperlink. These Terms supersede any prior agreements or arrangements with you.
You acknowledge and agree that the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and that you will use the Services at your own risk. Waji does not guarantee any specific results from using the Services.
Waji reserves the right to terminate these Terms or any Services with respect to you, or to cease offering or deny access to the Services or any portion thereof, at any time and for any reason.
IMPORTANT ARBITRATION NOTICE: These Terms include disclaimers of warranties and limitations of liabilities, including arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes arising from your use of our Service, unless to the maximum extent permitted by applicable laws. By entering into this agreement, you expressly acknowledge that you have read and understood all of the Terms of this agreement and have taken the time to consider the consequences of this important decision.
Changes to these Terms
Waji reserves the right, at our sole discretion, to change or modify portions of these Terms at any time. You should visit this page periodically to review the current Terms so you are aware of any revisions to which you are bound. If we make changes, we will post them on this page and indicate the date of the last revision. We may also notify you, either through the Services user interface, email notification, or other reasonable means.
Any such changes will become effective for existing users no earlier than ten (10) days after they are posted, except for changes addressing new functions of the Services or changes made for legal reasons, which will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Service.
Waji PTSD & phobia services, treatment and eligibility
Waji PTSD & phobia services, treatment, self-help or self-guided
Waji offers a self-guided digital PTSD & Phobias Treatment Tool. The purpose of this site is to share information, to qualify potential users, offer and provide treatment using our patent-pending web application technology via computer or laptop. A multi-approach, evidence-based treatment program designed to help relieve symptoms of PTSD and general trauma. The Waji program is delivered virtually, allowing you the flexibility to seek highly-effective and cost-saving PTSD treatment on your own schedule, from the privacy of your own home. After purchase, you will receive an email with secure logins and access to the Waji treatment platform. You will start with an onboarding tutorial. There are prompts for every step. The process is clear and self-intuitive. You can start getting relief within hours, it all depends on when you start.
Our programs and treatments are designed for self-guided use by an individual in a non-clinical setting. You may also elect to use it under the guidance or supervision of a professional, such as a licensed therapist.
Waji does not warrant that the Program has been endorsed, created, developed or tested by any professional organization associated with psychological treatment for PTSD, trauma, and phobias. Waji also does not represent that it is affiliated, endorsed by, members of, connected to or in any way associated with any such organizations. Any comments by mental health practitioners that appear on the Platform are made in their individual capacity and do not represent an endorsement of the Product or the Company by organizations to which such practitioners may belong.
You may use the Service only if you or your legally authorized representative can form a binding contract with Waji, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
You understand that to be eligible, you will be required to provide certain information about yourself. You agree that the information you will provide to Waji will be accurate, complete and kept up to date during the course of use.
You believe Waji would be a good fit for the help of a condition.
Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Unless consent is provided by a legal guardian or has been purchased by a legal guardian.
How the Waji Services Work
The Waji self-guided digital PTSD & Phobias Treatment program is divided into three core phases that work together to produce fast, long-lasting relief from your PTSD symptoms. The program starts with videos meant to teach you how to use Waji or prepare you for the healinh process, helping you understand your PTSD in order to start the healing process. You can access the videos on your laptop or desktop computer, or on a tablet.
Once you have watched the instructional videos, you can use our simple Waji App on your laptop or desktop computer, which is the actual patent-pending part of the program. Waji uses patented techniques in combination with its own eye-movement protocols to rewire and change the feelings associated with your negative trauma experiences. The Waji application focuses on addressing and clearing the root cause of your symptoms, so they don’t resurface using our patent-pending technology. You can use the application as many times as you need to feel better.
Desktop or laptop computers, as well as tablets, are required to access and use the self-guided digital PTSD & Phobias Treatment. Users use Waji at their own risk.
Results & Guarantees
Results vary by individual, trauma severity, and program participant. We strive to help you reach your goal, but you understand that your success depends largely on your own commitments, efforts, motivation and follow-through. Waji cannot predict, neither can we guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Platform and/or our programs.
Medical disclaimer and suitability of use
Waji makes certain telehealth and treatment services and information available to you and/or facilitates your access to PTSD self-help tool and online services (the “Program”).
While the Waji services may provide access to specific medical programs and allow users to communicate with Waji consultants, you understand that the programs cannot replace in-person consultation. Also, while many users can benefit from access to the Program and the Platform, you understand, agree and acknowledge that the Program may not be the appropriate solution for your specific needs and that it may not be appropriate for you in every situation. You understand and acknowledge the limitations and tradeoffs of using an online self-guided Program. You also acknowledge that the Program may not be a complete substitute for therapy delivered face-to-face and/or one-to-one.
IF YOU ARE THINKING OF SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES NUMBER IN YOUR LOCAL AREA AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE ASSISTANCE. THE PLATFORM IS NOT DESIGNED FOR USE IN CASES WHERE THE LIFE OR SAFETY OF YOURSELF OR OTHERS IS AT IMMEDIATE RISK.
The Platform is not intended for the provision of clinical diagnosis requiring an in-person evaluation and you should not use it to fulfill official requirements such as court-ordered counseling. It is also not to be used for advice or information regarding which medical treatment may be appropriate for you. If in doubt as to the suitability of the Program for you, you must consult a qualified medical professional
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Your consent to telehealth services
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
As a self-help app, Waji is not providing telehealth services. However, in the event that Waji does provide access to specific medical programs and allow users to communicate with Waji consultants, you understand that the programs cannot replace in-person consultation. While many users can benefit from access to the Program and the Platform, you understand, agree, and acknowledge that the Program may not be the appropriate solution for your specific needs and that it may not be appropriate for you in every situation. You understand and acknowledge the limitations and tradeoffs of using an online self-guided Program. You also acknowledge that the Program may not be a complete substitute for therapy delivered face-to-face and/or one-to-one.
License and access to the service.
Subject to your compliance with these Terms, Waji grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the self-guided digital PTSD & Phobias Treatment Tool provided through the site in compliance with these terms; and (ii) access and use any content, information and related materials that may be made available through the Services, solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Waji and Waji’s licensors. This license does not include any resale or commercial use of any of Waji’s Service or its contents.
User account and account security
To use certain Waji services, you may need to create a Waji account by registering and obtaining a username and password. When you register, the information you provide during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password, as well as for all activities associated with or occurring under your Account.
Please notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be responsible for any loss or damage arising from your failure to comply with these requirements, or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.
You may not transfer your account to any other person, nor may you use anyone else’s account at any time without the permission of the account holder.
Content ownership and intellectual property rights
Waji owns all content available through the service and retains all property rights, including intellectual property rights, for such content. You agree not to infringe upon these rights and acknowledge that we will take legal action against anyone who attempts to steal our property.
You may not copy content from our website without our permission. To request permission to use our content, please contact us by email.
If you believe that our website content infringes upon your intellectual property rights, please notify us by email, providing detailed information about the alleged infringement, including the factual and legal basis for your claim of ownership.
All materials on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights and are controlled and operated by Waji.
The materials made available to you through the service are solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, directly or indirectly, and you must not assist any other person to do so. Any use of the site or the site content other than as authorized herein is strictly prohibited and may also violate applicable laws, including copyright and trademark laws.
Unless explicitly stated herein, nothing in these Terms confers any license to intellectual property rights, whether by estoppel, implication, or otherwise. We reserve the right to revoke this license at any time, with or without cause, and without notice.
Modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use without the prior written consent of the owner is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause
Video and audio content
The services we make available to you may contain one or more videos and/or audio recordings (individually and collectively hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.
All Recordings are to be watched and/or listened to for informational purposes only. Recordings are not intended to replace professional medical or physical advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
Copyright infringement and DMCA notification
Waji respects the intellectual property of others and asks its users of the platform to do the same. Waji’s Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations.
Waji has established procedures for enforcing this statement which is designed to be in accord with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work has been copied and is accessible on any of Waji’s Services in a way that constitutes copyright infringement, please notify us by sending us an email at email@example.com.
Notification of alleged copyright infringement
In order to be valid, the notification must be in writing and must contain the following information:
- a description of the copyrighted content or other intellectual property that you claim has been infringed;
- a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
- a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
- your address, telephone number, and email address;
- a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.
Counter-notification of alleged copyright infringement
If you believe that your content on the Waji was wrongly taken down or disabled by a DMCA takedown, you have the right to contest such takedown by submitting a counter-notice to us. Your counter-notice must contain the following information and send to our email at firstname.lastname@example.org:
- your name, telephone number, email address and physical address;
- a description and identification of the content that has been taken down or disabled as well as the location at which the content appeared before it was taken down or removed, including any applicable URLs;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material in question;
- A statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which Waji is located and that you will accept service of process from the person who submitted a notice in compliance with Section 512(c)(1)(C) of the DMCA; and
- Your electronic or physical signature.
Upon receipt of a counter-notice from you, Waji may provide a complete unredacted copy of your counter-notice to the complaining party and inform the complaining party that Waji may restore the disabled content.
Please note that Waji exercises little discretion in the whole DMCA process other than determining whether notices meet the minimum requirement as detailed above. You also understand that: (i) any person who knowingly misrepresents to Waji that material is infringing shall be liable to Waji and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Waji and/or the alleged infringer as a result of Waji’s reliance on such misrepresentation and removing or disabling access to such material. ii) Similarly, any person who knowingly misrepresents to Waji that the material was removed or access blocked by mistake or misidentification shall be liable to Waji and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Waji and/or the copyright owner or its authorized licensee as a result of Waji’s relying on such misrepresentation and replacing such removed or blocked material
How we communicate: consent to electronic transaction, communication and disclosures
To the fullest extent permitted by law, these Terms and any other agreements, notices or other communications from Waji to you regarding our services being offered (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form.
Also, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and auto-dialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account with information or questions about your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
All Communications in electronic format will be considered to be “in writing,” and to have been received no later than five (5) Business Days after posting or dissemination, whether or not you have received or retrieved the Communication. Waji reserves the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us. If you revoke your consent to receive Communications electronically, we may terminate your right to use the Waji website or Waji Services, and you accept sole liability for any consequence resulting from suspension or termination of the Waji Services, to the extent permitted by law.
User representation and platform use
You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, the program or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended, or restricted, including because if a fault, error or unforeseen circumstances or due to scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which you do not have any right to make use of or promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Site or to profiles, blogs, communities, account information, bulletins, or other areas of the Site or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Interferes with another user’s use and enjoyment of the Site or any other individual’s user and enjoyment of similar services;
- Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
Obscene and offensive content
We are not responsible for any obscene or offensive content that you receive or view from others while using our service. However, if you do receive or view such content, please contact us by email so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted on our website.
User Content and Submissions
The Waji Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, feedback, or materials (collectively, “User Content”) on or through the Site. Please note that the “Interactive Services” section refers to user-generated content and submissions. By posting User Content through the Interactive Services, you understand and acknowledge that the User Content will be publicly available to other users of the Site.
If you voluntarily disclose personal information (e.g., user name, email address) on the Site, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Site.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Waji, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Waji shall not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
At Waji, we take your privacy seriously. This section outlines what personal information we collect, how we use and store it, and how you can request to have your information deleted.
What personal information do we collect?
We may collect personal information such as your name, email address, and payment information when you sign up for our services. We also collect information about your use of our services, such as your interactions with our platform and the content you view.
How do we use and store your personal information?
We use your personal information to provide and improve our services, personalize your experience, and communicate with you. We may also use your information for research and analytics purposes.
We store your personal information on secure servers and take reasonable measures to protect it from unauthorized access, use, or disclosure.
How can you request to have your information deleted?
You may request to have your personal information deleted by contacting us at email@example.com. We will make every effort to delete your information within a reasonable time frame, subject to any legal or contractual obligations.
Please note that deleting your personal information may affect your ability to use our services and may result in the loss of your account and related data.
Monitoring and enforcement; termination
Waji reserves the right to:
- Remove or refuse to post any User Content for any or no reason at our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these terms, including the content standards below, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Waji.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. You waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either Waji/such parties or law enforcement authorities.
However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Fees, charges, cancellation/refund policy
The fees and charges for our services are posted on our website and when you make a purchase, the total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order unless otherwise agreed in advance in writing. Payment can be made by most major credit or debit cards, and by other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit cardholders are subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
Waji seeks to provide the best service possible, but unexpected events do occur. Waji reserves the right to reschedule, interrupt, and modify services as needed due to unexpected events.
Any user can get a refund within 48 hours of your initial purchase and subscription start date.
At Waji, we’re committed to your satisfaction. We offer a 30-day money-back guarantee. If you’re not satisfied with Waji for any reason, just contact us within 30 days of your initial purchase (subscription start date) and we’ll be happy to refund you.
Limitations of Liability:
Waji will not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with the use of our service or products.
We will not be responsible for any damages, including but not limited to, loss of data or profit, arising out of the use, inability to use, or the results of the use of our service, whether based on warranty, contract, tort, or any other legal theory.
In any event, our liability to you for any damages arising from or related to our service or products shall not exceed the total amount of fees paid by you to us for the use of our service or products during the twelve (12) months preceding the event giving rise to the claim.
Links to third-party sites and resources
The Service is controlled, operated and administered by Waji from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Waji Content accessed through www.gowaji.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations
The Program and information made available to you through our services are provided on an “as is,” “as available” basis. You agree that your use of our service is at your sole risk. To the maximum extent permitted under applicable law, Waji disclaims all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our service will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our service/website will be corrected.
Information made available to you via the services should not necessarily be relied upon and should never be construed to be a replacement for professional medical advice. We do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Indemnification and limitation of liability
You agree to defend, indemnify and hold Waji, its officers, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Waji Party and collectively Waji Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of the terms herein this Agreement; (b) access to or use of the Program and Sites; and (c) provision of other disclosure to Waji of any other information or data and the use of same by Waji or other Waji Party as contemplated hereunder.
IN NO EVENT SHALL WAJI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF LIFE, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Waji shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Waji’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
You understand, agree, and acknowledge that our aggregate liability for damages arising with respect to this agreement and any and all use of the Platform will not exceed the total amount of money paid by you to us through the Platform in the three (3) month period prior to the date of the claim, or to the extent permitted by applicable law.
The terms herein that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
Choice of law and jurisdiction
These Terms and your use of the service are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.
Dispute resolution; arbitration
To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you as a user of the Waji Services agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other.
You and Waji agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) 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 (the action described in the foregoing clause (ii), an “IP Protection Action”).
Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Waji with written notice of your desire to do so by email at firstname.lastname@example.org within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Waji with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Waji with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Waji with an Arbitration Opt-out Notice, you acknowledge and agree that you and Waji 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. Further, unless both you and Waji otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
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 general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of 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.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. 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. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Waji will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
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 $5,000, Waji 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)).
Notwithstanding the provisions as regards how we can make changes to these Terms, if Waji changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Waji’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Waji in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance, after this Agreement terminates or expires, will survive and continue in full force and effect. For example, the provisions requiring arbitration, protecting intellectual property, indemnification, payment of fees, reimbursement, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release you or Waji from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will in any event otherwise remain valid and enforceable. Where any provision of this Agreement constitutes a provision in favor of Waji, such provision shall constitute a stipulatio alteri capable of acceptance by Waji at any time.
This Agreement, including all references and policies referenced herein, constitutes the complete integrated agreement between the Parties concerning the subject matter hereof. All prior and contemporaneous agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter of this Agreement are superseded in their entirety.
No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
A user may not assign these Terms, or any of its rights or obligations hereunder, without Waji’ prior written consent in the form of a written instrument signed by a duly authorized representative of Waji. We may freely assign this Agreement and the other Terms without the User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
Notwithstanding the other provisions of this Agreement, if Waji, is in good faith prevented from performing its obligations under this Agreement because of an unexpected extraordinary event beyond the control of the Party concerned, including without limitation, war (declared or undeclared), acts of god, terrorism, earthquake, accident, explosion, fire or flood, Waji will promptly notify the other Party, and while so affected, Waji will be relieved from performing its obligations provided that, the Waji will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.
- Website crash, outages, or downtime
Waji does not warrant that the Site will be uninterrupted or available at all times and as such, unscheduled and scheduled interruptions may occur. From time to time, interruptions, delays, crashes, outages, errors or other hindrances in providing the Services may occur due to a variety of factors, of which some may be outside of Waji’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the site or the Services in general (collectively, “Downtime”).
In the event of scheduled maintenance or downtime, users may be notified and we shall endeavor to complete such scheduled maintenance as quickly as we can. However, in the event of an unscheduled downtime such as a crash, we shall endeavor to reasonably resolve such a problem and restore the service as quickly as we can. During these unscheduled or scheduled downtimes, users may be unable to transmit or receive data through the site. You understand and acknowledge that part or all of the Platform or Services may be unavailable during any such period of downtime, and you acknowledge that Waji will not be liable or responsible to you for any inconvenience or losses in any way to you as a result of such downtime.
These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the platform and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.
The section headings herein this Agreement are included for ease of reference and convenience only and shall not be given any legal import nor shall it have any binding effect.
Questions or complaints?
Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at firstname.lastname@example.org
Updates to Terms and Conditions: