Terms of Use

Last Update: April 30, 2023

ACCEPTANCE

These Terms of Use (the “Terms”) govern your visits to getweeday.com (the “Site”).   Varasto Logistics, inc (“we,” “us,” or “our”) owns and operates this Site.  The term "you" refers to any user of the Site.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Site if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Site after said date, that constitutes your agreement to the updates.

SMOKING ACCESSORIES DISCLAIMERS

  1. Age and Health Restrictions. Our smoking accessories are designed for use exclusively by adults aged 21 and over, and are not intended for pregnant individuals, people with heart conditions, or those with other health-related issues. By buying and utilizing our products, you acknowledge and accept the risks associated with smoking and agree to use them responsibly.
  2. Novelty Items and Legal Use. Our products are not intended for diagnosing, treating, curing, or preventing any disease. They are marketed as novelty items only and should not be employed for any illicit purposes. We will not be held accountable for any unlawful or improper use of our items.
  3. Safety Precautions. We strongly recommend that you abstain from operating motor vehicles or machinery while using our products. Smoking can be detrimental to your health and may result in severe injury or death. Ensure that you use our products in well-ventilated areas and in compliance with all local and state regulations.
  4. Tobacco Use Only. Our smoking accessories are designed solely for tobacco use. Any other application of our products is strictly forbidden. We assume no responsibility for injuries or damages resulting from improper use of our products.
  5. Indemnification. By purchasing our smoking accessories, you agree to indemnify and hold harmless our company, its affiliates, directors, officers, employees, and agents from any and all claims, damages, liabilities, costs, and expenses arising from or related to the use or misuse of our products.
  6. DRIVING. DO NOT USE THE SITE IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS. 
  7. No Responsibility for Inaccuracies. We do not guarantee the accuracy, completeness, or timeliness of information made available on the Site. The material provided on the Site is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information. Any reliance on the material on the Site is at your own risk. Occasionally, our Site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, as well as to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We have no obligation to update, amend, or clarify information on the Site, including pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
  8. Account and Billing Information. You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us, limit or cancel quantities purchased per person, per household, or per order at our sole discretion. We may also notify you of any changes or cancellations to your order by contacting the email, billing address, or phone number provided at the time the order was made. 
  9. No Medical Advice. Nothing on this Site constitutes medical advice or is intended to diagnose, treat, cure, or prevent any disease or health condition. The information provided on the Site is for informational purposes only and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or treatment, and never disregard professional medical advice or delay seeking it because of something you have read on this Site.

INTELLECTUAL PROPERTY

  1. Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Site contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Site you do not acquire any of our IP rights. Nevertheless, you can view and print out this Site’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.  Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site. Except as expressly permitted in this Agreement, you may not: 
      • copy, modify or create derivative works based on the Site or its content;
      • distribute, transfer, sublicense, lease, lend or rent the Site or content to any third party;
      • reverse engineer, decompile or disassemble the Site or content; or
      • make the functionality of the Site available to multiple users through any means. 
  2. Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Site and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Site if such claims are reported to hello@getweeday.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:
    1. Identify the copyrighted work that you claim has been infringed.
    2. Identify the material or link you claim is infringing.
    3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
    4. Include both of the following statements in the body of your report:
      • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
      • “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    5. Provide your full legal name and your electronic or physical signature.

ACCEPTABLE USE POLICY

By visiting this Site, you represent and agree that:

  1. You have a full capacity to enter into a legally binding agreement, such as these Terms. 
  2. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed. 
  3. If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
  4. You will not use our Site in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multi level-marketing, "get rich quick" offerings, encouragement of violence.
  5. You will ask for our permission before copying anything from our Site for republication.
  6. You will not use our Site for anything illegal.
  7. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability. 
  8. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Site.
  9. You will not impede the proper functioning of the Site.

PROHIBITED CONDUCT AND CONTENT

1. Prohibited Conduct. You agree not to use the Site to engage in any of the following prohibited conduct:

  • Sending unsolicited messages, including, but not limited to, spam, junk mail, chain letters, or any other form of mass messaging;
  • Engaging in illegal or fraudulent activities, including, but not limited to, unauthorized access to computer systems, identity theft, or the unauthorized interception of any data transmitted through the Site;
  • Using the Site for any activity that violates any local, state, federal, or international law, regulation, or ordinance;
  • Distributing or transmitting any harmful, malicious, or deceptive content or software, including, but not limited to, viruses, worms, Trojan horses, spyware, or other malicious code;
  • Disrupting, interfering with, or otherwise negatively affecting the normal operation of the Site, its infrastructure, or any other user's ability to access or use the Service.

2. Prohibited Content. You agree not to use the Site to create, transmit, display, or distribute any content that:

  • Is defamatory, obscene, offensive, hateful, or promotes violence or discrimination based on race, ethnicity, religion, gender, sexual orientation, age, or disability;
  • Violates the privacy or publicity rights of any person or entity, or constitutes an unauthorized disclosure of confidential or proprietary information;
  • Infringes upon any intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, or any other proprietary rights of any third party;
  • Encourages or facilitates any illegal activity or promotes activities that are dangerous, harmful, or otherwise objectionable.

CONFIDENTIALITY

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Site; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILIT

  1. Everything we provide on this site is on an "as is" basis, to be relied on at your own risk. Do your own research before relying on anything on this site. We disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, quality, non-infringement, safety, freedom from defects or that defects will be corrected, uninterrupted, virus-free or error-free performance.
  2. We are not liable for indirect, special, incidental or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed the fees we received from you, if any. Some jurisdictions do not allow the limitation of certain warranties, so the above limitations in this section may not apply to you.
  3. You hereby understand and agree that for any dissatisfaction with the Site your sole and exclusive remedy is to cease using the Site.  

INDEMNIFICATION

You agree to defend, indemnify and hold harmless us, our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

ARBITRATION; CLASS ACTION WAIVER

  • Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of California. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Site, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial. 
  • Class Action Waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us 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.

GENERAL

  1.  Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, acts or regulations of national or local governments. 
  2. Hyperlinks. Linking to our Site is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none. 
  3. Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  4. Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable. 
  5. Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
  6. Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
  7. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

CONTACT US

Please address your questions and feedback to:

hello@getweeday.com 

453 South Spring Street, Los Angeles California 90013, United States