By using, accessing, or purchasing from this website (“Site”), which is owned and operated by Web Neighbor, LLC. (here-in referred to as “[web]Neighbor” or “[web]Neighbor™”), you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. [web]Neighbor™ reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.[web]Neighbor™ reserves the right to change these terms & conditions of use at any time without notice.
By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third-party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third-party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and [web]Neighbor™ has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify [web]Neighbor™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may receive emails regarding your account or promotions for special offers, including third-party offers.
Registration and Membership
Monthly crates shipped to your address at the price listed. You may receive emails regarding your account or promotions for special offers, including third-party offers. You may change your email preferences at any time in your account settings. You can cancel your membership anytime without charge by calling Customer Care. Please refer to the FAQ’s for further details.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
Your Subscription Contract
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT WEBNEIGHBOR.NET, EMAIL SUPPORT AT HELP@WEBNEIGHBOR.NET, OR MAIL US AT [WEB]NEIGHBOR, 2443 W HALF MOON CIR, QUEEN CREEK, AZ 85142. ALL SUBSCRIPTIONS THAT ARE STARTED WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE ON THE DATE THEY STARTED ONE MONTH FOLLOWING. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. [WEB]NEIGHBOR MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product and Service Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products or services described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product or service availability. If the product or service is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of [web]Neighbor™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to [web]Neighbor™. Copyright 2012, 2013, 2014, 2015 [web]Neighbor. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of [web]Neighbor™ on the Site are trademarks or registered trademarks of [web]Neighbor™, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant [web]Neighbor™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of [web]Neighbor™. You acknowledge and agree that you are solely responsible for all the user data that you make available through [web]Neighbor™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant [web]Neighbor™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or [web]Neighbor™ use of your uploaded data (or any portion thereof) on, through or by the means of [web]Neighbor™ will infringe, misappropriate or violate a third partys’™ patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products or services offered on the site are provided on “as is” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, [web]Neighbor™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. [web]Neighbor™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. [web]Neighbor™ does not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither [web]Neighbor™ nor its celebrity spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if [web]Neighbor™ has been advised of the possibility of such damages. In no event will [web]Neighbor’s™ liability to you exceed the amounts that you paid to [web]Neighbor™ in connection with your [web]Neighbor™ membership. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product or service information received from our suppliers, [web]Neighbor™ shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. [web]Neighbor™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, [web]Neighbor™ shall immediately issue a credit to your credit card account in the amount of the charge.[web]Neighbor™ has no liability on injury or damage caused by products or services provided. Solely responsible by brand or manufacturer.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by [web]Neighbor™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
EITHER YOU OR [web]Neighbor™ (THE “COMPANY”) MAY, WITHOUT THE OTHER’S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, PROCEEDING, OR CONTROVERSY BETWEEN YOU AND THE COMPANY NO MATTER WHAT THE LEGAL THEORY (CONTRACT, TORT, INTENTIONAL TORT, FRAUD, AGENCY, NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCES OF LAW) OR REMEDY SOUGHT (DAMAGES, INJUNCTION, FINES, PENALTIES, OR OTHERWISE) (“CLAIMS”). “CLAIMS” INCLUDE DISPUTES OVER THE APPLICATION, ENFORCEABILITY, OR INTERPRETATION OF THIS ARBITRATION PROVISION. ALTERNATIVELY, CLAIMS MAY BE BROUGHT IN SMALL CLAIMS COURT WHERE APPLICABLE. CLAIMS MUST BE BROUGHT IN YOUR AND THE COMPANYâ€™S NAMES ONLY AND NOT ON ANY CLASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. NO ARBITRATOR OR COURT WILL BE ABLE TO CONSOLIDATE MULTIPLE PARTIESâ€™ CLAIMS OR AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ACTION. YOU AGREE TO USE YOUR BEST EFFORTS NOT TO ALLOW ANY OTHER PERSON TO BRING ANY CLAIM OR SEEK ANY RECOVERY IN YOUR NAME. CLAIMS WILL BE GOVERNED BY THE LAW OF THE STATE OF ARIZONA, EXCEPT THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED.
IF YOU BELIEVE YOU HAVE A CLAIM YOU MUST NOTIFY THE COMPANY (WITHIN ONE YEAR OF THE CLAIM ACCRUING) BY COMPLETING THE FORM AT HTTP://WWW.WEBNEIGHBOR.NET/HELP. THE COMPANY MAY THEN OFFER TO SETTLE YOUR CLAIM. IF THE CLAIM IS NOT RESOLVED WITHIN THIRTY (30) DAYS OF YOUR NOTIFICATION YOU MAY THEN INVOKE ARBITRATION BY FILING A DEMAND FOR ARBITRATION WITH JAMS, WHICH SHALL BE GOVERNED BY THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES, AVAILABLE AT WWW.JAMSADR.COM/FILES/UPLOADS/DOCUMENTS/JAMS-RULES/JAMS_STREAMLINED_ARBITRATION_RULES-2009.PDF. IN THE EVENT OF ARBITRATION THE COMPANY WILL REIMBURSE ALL ADMINISTRATIVE, FILING, AND ARBITRATOR COSTS FOR NON-FRIVOLOUS CLAIMS. (IF THE ARBITRATOR DETERMINES THE ARBITRATION IS FRIVOLOUS, THE ARBITRATOR MAY REQUIRE THE CLAIMANT TO PAY ALL SUCH COSTS). IF A CLAIM IS FOR $10,000 OR LESS, YOU MAY ELECT, SUBJECT TO THE CONSENT OF THE ARBITRATOR, WHETHER TO HAVE THE ARBITRATION CONDUCTED IN THE COUNTY IN WHICH YOU RESIDE, THE COUNTY IN WHICH YOU ARE BILLED, BY TELEPHONE, OR ONLY BY WRITTEN SUBMISSIONS. IN THE EVENT YOU RECEIVE AN ARBITRATION AWARD GREATER THAN THE COMPANYâ€™S LAST SETTLEMENT OFFER THE COMPANY WILL PAY YOU EITHER YOUR AWARD, OR $250, WHICHEVER IS GREATER. HOWEVER, IF YOU RECEIVE AN AWARD LESS THAN OR EQUAL TO THE COMPANY’S LAST SETTLEMENT OFFER THE ARBITRATOR MAY CONSIDER THAT FACT IN DETERMINING WHETHER THE ARBITRATION WAS FRIVOLOUS.
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO [WEB]NEIGHBOR, 2443 W HALF MOON CIR, QUEEN CREEK, AZ 85142, ATTN: GARRETT SULZMAN, WITHIN 60 DAYS OF YOUR PURCHASE. BY NOT OPTING OUT YOU ARE WAIVING THE RIGHT TO CLAIM RESOLUTION BY COURT OR JURY, OTHER THAN SMALL CLAIMS COURT IF AVAILABLE IN YOUR JURISDICTION, AND YOU ARE ALSO AGREEING NOT PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. ANY PORTION OF THIS ARBITRATION AGREEMENT THAT IS HELD LEGALLY UNENFORCEABLE IS SEVERABLE AND THE REMAINDER WILL BE ENFORCED. THIS ARBITRATION AGREEMENT IS TO BE INTERPRETED UNDER THE FEDERAL ARBITRATION ACT.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
Notice[web]Neighbor™ may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless [web]Neighbor™, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links: In an attempt to provide increased value to our visitors, [web]Neighbor™ may link to sites operated by third parties. However, [web]Neighbor™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of [web]Neighbor™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, [web]Neighbor™ seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Miscellaneous: Your use of the Site is governed in all respects by the laws of the state of Arizona, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and [web]Neighbor’s™ services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Pinal County, Arizona, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
These Terms constitute the entire agreement between you and [web]Neighbor™ with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. [web]Neighbor™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
[web]Neighbor Bring-a-Neighbor Program
Qualified Referral. A Qualified Referral is defined as a purchase made at www.webneighbor.net by a person (a “Referred Customer”) who arrives to our website by clicking your Bring-a-Neighbor program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person. The Referred Customer must have a different email address, along with different billing and/or shipping information from the Referrer.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $25 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $5 unless explicitly noted. There is no maximum Qualified Referrals that can be earned per calendar. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. [web]Neighbor’s Bring-a-Neighbor Program cannot be used by businesses for affiliate lead generation as determined in [web]Neighbor’s sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from [web]Neighbor’s Bring-a-Neighbor program.
Right to Close Accounts. [web]Neighbor™ reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the [web]Neighbor Bring-a-Neighbor program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. [web]Neighbor™ reserves the right to cancel the Bring-a-Neighbor Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.