Weld and Willow Terms of Use

Effective Date: 11.16.2023

THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF THE ONLINE WEBSITE, INTERFACES, FEATURES, AND SERVICES LOCATED AT WWW.WELDANDWILLOW.COM (COLLECTIVELY, THE “SERVICES”) OWNED AND OPERATED BY WELD AND WILLOW (COLLECTIVELY, “WELD AND WILLOW,” “WE,” “US,” OR “OUR”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES. THESE TERMS MAY BE UPDATED FROM TIME TO TIME.

  1. SCOPE. These Terms govern your access to, use of, and transactions made through the Services, where you may purchase products and services from Weld and Willow sellers (“Merchants”). Certain policies accessible through the Services apply to your use of and access to the Services. These “Policies” may include, without limitation, the Weld and Willow Privacy Policy, as they may be amended from time to time.
  2. ACCOUNT SECURITY. In order to purchase products on the Services, you may have to register for an online account with a user ID and/or password (“Account”). Your user ID, password, and any information that you provide in connection with your Account must remain accurate and complete at all times. You hereby grant to Weld and Willow the right to monitor, diagnose, communicate with, retrieve information from, and otherwise access your Account for the purpose of providing you with the Services. If any information provided in your Account is or appears to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all access or use of the Services (or any portion thereof).
  3. PLACING AN ORDER. You can place an order to purchase products on the Services (“Order”). Weld and Willow or Merchant may require certain information or verification before accepting your Order.
  4. ORDER ACCEPTANCE; ORDER CANCELLATIONS. Orders are your binding obligation to purchase your selected products and services ordered via the Services. Weld and Willow reserves the right to, in its sole discretion and for any reason, on a case-by-case basis, reject or cancel any Orders even after a confirmation email has been sent with the Order number and details. Weld and Willow will notify you in the event of an Order cancellation.
  5. PAYMENT METHODS. Weld and Willow’s third-party payment processor accepts credit and debit cards issued by U.S. banks. You will not be charged for your Order until checkout. If there is a problem charging your selected payment method for any purchase, we may ask you for alternative forms of payment.
  6. SHIPPING; PICK UP. Your Order will be shipped according to the Merchant’s shipping policy. The policy will be available for your review at, or prior to checkout. If your Order is available for pick up at the Merchant’s physical store, and you have chosen this option at checkout, you may pick up your Order at the Merchant’s physical store. You assume all risks associated with your visits to Merchants’ physical stores.
  7. RETURNS; REFUNDS. You will abide by the Merchant’s returns and refund policies for the products and services you purchase on the Services. The Merchant’s policy will be available for your review at, or prior to checkout.
  8. SUBSCRIPTIONS. Certain products and services available for purchase through the Services may be offered for purchase on an automatically renewing subscription basis. Subscriptions consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. When you purchase a product or service on a subscription basis, you expressly acknowledge and agree that (a) Weld and Willow, the Merchant, or the designated third party payment processor is authorized to automatically charge your payment option at regular intervals as described for that product or service during the checkout process until you cancel the subscription, and (b) the subscription is continuous until you cancel it, or Weld and Willow or the Merchant suspends or stops offering the subscription or the underlying product(s) or service(s). Weld and Willow or the Merchant may, but are not required to, perform outreach from time to time to request updates to your information and to facilitate ongoing subscriptions.
    • Cancelling Subscriptions. To cancel your subscription, which you may do at any time, you may either (A) log into your Account follow the cancellation procedures; (B) send us a message at [email protected] with a request to cancel and your subscription information, (C) call (949) 691-1734 and talk to one of our associates who can help you cancel, or (D) send a cancellation request with your information to: 120 Tustin Ave., Suite C271, Newport Beach, CA 92663. If you cancel, you may use your subscription until the end of your then-current subscription term. If your subscription is cancelled prior to your monthly renewal date you will not be charged for that next month’s fees. If your subscription is cancelled on or after your monthly renewal date you will not receive a refund for that month but will no longer be charged following your cancellation. Upon cancellation, you will no longer receive the products in the subscription.
    • Subscription Payments. If you purchase a recurring subscription, you must keep a valid payment on file in your Account to automatically pay for all recurring charges and fees (the “Authorized Payment Method”). If you want to designate a different Authorized Payment Method or if there is a change in your Authorized Payment Method, you must change your information in your Account. This may temporarily delay your ability to make online payments while we verify your new payment information. Weld and Willow or the Merchant will continue to charge the Authorized Payment Method for applicable recurring payments until the subscription services are terminated, and any and all outstanding payments have been paid in full. Unless otherwise indicated, all charges and fees are in U.S. dollars, and all payments will be in U.S. currency.
  9. LINKS TO OTHER WEBSITES. Any use of links to other websites or resources on the Services are between you and such third parties. Weld and Willow makes no representations whatsoever about any other third-party website that you may access through the Services. When you access a third-party website, please understand that it is independent from Weld and Willow, and that Weld and Willow has no control over the content on that third party website. In addition, a link to a third-party website does not mean that Weld and Willow endorses or accepts any responsibility for the content or use of the linked third-party website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk. Weld and Willow is not responsible or liable for any loss or damage as a result of such use of third-party links.
  10. ADVERTISEMENTS AND PROMOTIONS. Any communications or engagements between you and third-party advertisers on the Services are between you and such third-party advertisers. Weld and Willow is not responsible or liable for any loss or damage as a result of such communications or engagements.
  11. MODIFICATIONS TO PRODUCTS AND PRICES. Prices for products and services on the Services are subject to change without notice. The Merchants reserve the right at any time to modify or discontinue any of its products or services (or any part or content thereof) without notice at any time. Neither Weld and Willow nor Merchants shall be liable to you or to any third party for any modification, price change, suspension, or discontinuance of products or services available on the Services. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will itemized in your shopping cart when you place an Order. We may occasionally offer promotions on the Services that may affect pricing. These promotions may be governed by additional terms separate from these Terms (“Additional Terms”) which will supersede these Terms in case of a conflict.
  12. PROHIBITED USES. The Services are intended for personal use only. You agree not to use the Services for any commercial purposes.  You further agree that you will not:
  • access or use the Services (or any portion thereof) in violation of these Terms or applicable laws;
  • attempt to modify, alter, recreate, or otherwise use the Services for any purpose other than as specifically permitted in these Terms;
  • access data or an Account which you are not authorized to access;
  • attempt to probe, scan, or assess the vulnerability of the Services;
  • breach any security, technological, or authentication measures on the Services;
  • use any device, software, or routine to attempt to interfere with the Services;
  • attempt to interfere with or disrupt the Services or servers or networks connected to the Services;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Services for any purpose;
  • collect or store personal information about other users of the Services without their consent;
  • use any part or feature of the Services for any purpose that is unlawful, tortious, threatening, or intrusive on another person’s privacy;
  • use the Services to harm or harass any person or entity;
  • take any action that imposes, in Weld and Willow’s sole discretion, an unreasonable or disproportionately large load on Weld and Willow’s infrastructure; or
  • use the Services for any reason for which the Services are not intended.

  1. USER CONTRIBUTIONS. The Services may contain interactive features that allow you to post product reviews (collectively, “User Contributions”) on or through the Services. User Contributions are not confidential and shall be the sole property of Weld and Willow. You also represent and warrant that you will not post fraudulent, malicious, or inaccurate statements or information, and you acknowledge and agree that Weld and Willow is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. You understand and agree that User Contributions can be visible to the public on the Services, third-party websites, and search engines, including after being deleted by you, and Weld and Willow has no responsibility or liability for such exposure. You also represent and warrant that:
    • You own or control all rights in and to the User Contributions that you post to the Services.
    • All of your User Contributions do and will comply with these Terms.
    • You are responsible for any User Contributions you submit or contribute and you, not Weld and Willow, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
    • Weld and Willow is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
  2. CONTENT STANDARDS. These content standards (“Content Standards”) apply to any and all User Contributions (as set forth in Section 12 of these Terms). User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or the Weld and Willow Privacy Policy[EV3] .
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by Weld and Willow or any other person or entity, if this is not the case.
  1. DISCLAIMER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WELD AND WILLOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WELD AND WILLOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS AND SERVICES IT SELLS AND THE INFORMATION IT PROVIDES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WELD AND WILLOW MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS ON THE SERVICES WILL BE CORRECTED.
  2. INDEMNIFICATION. You will defend, indemnify, and hold harmless Weld and Willow and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim is based on your use or misuse of the Services in connection with: (a) an infringement of any patent, trademark, or copyright, including costs and expenses, (b) any breach of these Terms, (c) any unlawful, improper or negligent use by anyone of any product or service you purchased under these Terms, (d) any dispute between you and a Merchant in connection with the Services, or (e) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
  3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WELD AND WILLOW’S LIABILITY IN ALL EVENTS IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WELD AND WILLOW BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, OR USE OF THE SERVICES OR ANY WELD AND WILLOW SERVICES, EVEN IF WELD AND WILLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. CUSTOMER INFORMATION; ACCESS.
    1. Customer Information. Except as disclosed in these Terms, our use of your information is subject to the Weld and Willow Privacy Policy. We require you to provide information about you to access and use the Services. You may need to provide supplemental information to fulfill your Orders for products or services. You will ensure that all information that you provide to us is at all times accurate and complete. We may share information you provide to us with Merchants and third parties to facilitate your use of the Services, and to enable us to improve or develop our services.  
    2. Access. Please note that we may access any and all information associated with your Account. You hereby grant to Weld and Willow the right to monitor, diagnose, communicate with, retrieve information from, and otherwise access your Account for the purpose of providing you with the Services. It is your responsibility to secure, at your own cost, your Account as set forth in Section 2 (Account Security).
  5. DISPUTE RESOLUTION: MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS AND COLLECTIVE ACTION WAIVER.

Important: This Section 19 limits certain LEGAL rights and includes a waiver to the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative ACTION, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

  1. In the unlikely event that a disagreement arises between you and Weld and Willow, prior to initiating any arbitration or lawsuit, you must first contact Weld and Willow at [email protected] so that we may work in good faith to find a mutually agreeable solution. If the issue cannot be resolved between you and Weld and Willow within sixty (60) days of written notice, you and Weld and Willow agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services, these Terms, or Additional Terms (collectively, “Dispute”) through binding INDIVIDUAL ARBITRATION, or as we and you otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Weld and Willow, or third party if Weld and Willow could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Weld and Willow agree to assert all such Disputes in a single arbitration so they may be resolved at the same time, or they will be deemed waived. This Section 18 shall survive termination of these Terms.
  2. CLASS AND COLLECTIVE ACTION WAIVER: You and Weld and Willow explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. No Dispute shall be arbitrated on a class, representative or CONSOLIDATED basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Weld and Willow. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Section 18(b) must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Section 18(b) is held to be unconscionable or unenforceable, then the entirety of this Section 18 shall not apply and the Dispute must be brought exclusively in a state or federal court in Costa Mesa, California. Accordingly, you and Weld and Willow consent to the exclusive personal jurisdiction and venue of such courts for such matters. Moreover, any state or federal court action shall be tried to a judge and not a jury.

    Arbitration Procedure:
    1. As stated above, we require you to first contact us directly to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ Streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Weld and Willow consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and Weld and Willow will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Weld and Willow to pay a greater portion or all of such fees and costs in order for this Section 18(b)(i) to be enforceable, then Weld and Willow will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will: (a) apply applicable law and the provisions of these Terms; (b) determine any Dispute according to applicable law and facts in the record and no other basis; and (c) issue a reasoned award. In any arbitration arising out of or related to these Terms, the arbitrator(s) may not award any incidental, indirect, or consequential damages, including damages for lost profits.
    2. You are responsible for paying your portion of the fees set forth in the JAMS fee schedule. The Company will pay all remaining JAMS fees. If your claim against Weld and Willow is for less than $1,000, and you succeed on the merits, Weld and Willow will pay all fees. If you believe you cannot afford the JAMS fee, you may apply to JAMS for a fee waiver.
    3. WITH ARBITRATION: (A) THERE IS NO JUDGE OR JURY; (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES; AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Any Dispute shall otherwise be governed by the internal laws of the State of California without regard to California choice of law principles, except that the provisions of these Terms concerning arbitration shall be governed by the Federal Arbitration Act.
    4. Certain portions of this Section 18 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (an “Agreement”) and JAMS’ Streamlined Arbitration Rules. You and Weld and Willow agree that we intend that this Section 18 satisfies the “writing” requirement of the Federal Arbitration Act.
    5. In the event that JAMS is unavailable or unwilling to hear the Dispute, you and Weld and Willow shall agree to, or a court shall select, another arbitration provider.
    6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST WELD AND WILLOW, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
  1. ENTIRE AGREEMENT. These Terms constitute the exclusive and complete agreement between us and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence, or other document, including informational forms we complete, sign, or otherwise provide to you for your convenience.
  2. TERMINATION. You agree that Weld and Willow, in its sole discretion, for any reason and at any time, with or without notice, may terminate your access or use of the Services, including deactivating or deleting your Account and removing and discarding any User Content; modify, suspend, or discontinue the availability of any features, products, or services; and/or cancel Orders. You agree that you may not access or use the Services after: (a) your access or use have been terminated by Weld and Willow and (b) you have not received Weld and Willow’s express prior written consent for your resumed access or use of the Services. To the fullest extent permitted by applicable law, you further agree that Weld and Willow shall not be liable to you or any third party for any termination of your access or use of the Services. Upon termination, all rights and obligations under these Terms automatically terminate except for rights of action occurring prior to termination, payment obligations, and Sections 1, 14 – 18, and 21 – 22. YOU HEREBY WAIVE AND HOLD HARMLESS WELD AND WILLOW AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WELD AND WILLOW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY IT OR LAW ENFORCEMENT AUTHORITIES IN RELATION TO YOUR USE OF THE SERVICES.
  3. COPYRIGHTS; TRADEMARKS; PATENTS. Use of the Services does not give you the right to frame, use, or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our patents.
  4. MISCELLANEOUS.
  1. Feedback. If you make any suggestions about the Services or the features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner without any compensation owed to you.
  2. Assignment. You may not assign these Terms without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.
  3. Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  4. Waiver.Our failure to enforce your strict performance of any provisions of these Terms will not constitute a waiver of our right to enforce such provisions or any other provision of these Terms subsequently.
  5. Conflicts.In the event of any conflict between these Terms and the Policies, these Terms will prevail.
  6. Notices.You consent to receive communications from us electronically, including through e‑mails, text messages, in-app push notices, notices and messages posted on the Services or in your Account, and other communications made available to you (subject to your opt-out option) as set forth in the Weld and Willow Privacy Policy. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also send you notices at the address provided when registering your Account, which you agree is a proper and valid address for any legal or contractual purpose.
  7. Contact. You may contact Weld and Willow at [email protected] or (949) 691-1734 with any questions regarding these Terms.
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